HEQSF National Qualification Standard for the LLB 2015

Preamble

In light of South Africa's history and the material conditions of her people, law is fundamental to the consolidation of the constitutional democratic project. Law has played a critical role in the country's transition to democracy and remains key to entrenching and consolidating the constitutional democratic project. The interstitial manner in which law operates means that it is fundamental to the infrastructure of nation building.  Law is central to creating a cohesive and successful society, it plays a significant role in facilitating economic development and most importantly, it is pivotal to entrenching the ethos and values of the country's constitutional democracy. "There is only one system of law. It is shaped by the Constitution which is the supreme law and all law, including the common law [and customary law], derives its force from the Constitution and is subject to constitutional control."

The South African constitution is transformative in nature. "Our constitutional democracy seeks to transform our legal system. Its foundational values of human dignity, the achievement of equality and the advancement of human rights and freedoms, introduce a new ethos that should permeate our legal system." Therefore, legal education cannot be divorced from transformative constitutionalism. "It is when adherence to the word is taken too far, when the upholding of a law obscures or ignores that law exists to try, however difficult, to ensure justice, that formalism becomes dangerous. It is this type of conservative or formalist approach to law that is inconsistent with a transformative Constitution. At the heart of a transformative Constitution is a commitment to substantive reasoning, to examining the underlying principles that inform laws themselves and judicial reaction to those laws".

These sentiments are unachievable without appropriate legal education as the foundation to foster the ideals of transformative constitutionalism. Legal education as a public good should be responsive to the needs of the economy, the legal profession and broader society. It must produce skilled graduates who are critical thinkers and enlightened citizens with a profound understanding of the impact of the Constitution on the development of the law, and advancing the course of social justice in South Africa. Moreover, the law graduate must be equipped to discharge his or her social and professional duties ethically and efficaciously. Therefore, higher education must also be responsive to globalisation and the ever evolving information-technology.