The recognition of customary law and ubuntu is closely connected with the Constitution’s “transformative” nature. It is often said that a distinctive feature of South Africa’s Constitution is that it is inherently forward-looking; ie it aims to empower the state to transform South African society over time.
Does ubuntu forms part of South African law?
Ubuntu was expressly referred to in the 1993 Constitution, but not the 1996 Constitution. It is submitted that ubuntu is impliedly included in the 1996 Constitution by its frequent reference to human dignity and forms part of the emerging South African and African jurisprudence.
How the concept of ubuntu applies to commercial law?
As it now stands, it appears that principles of Ubuntu have no place in the interpretation of a commercial contract. … Our courts have also always been of the firm view that courts should be careful in developing the common law, as it could lead to uncertainty in private commercial contracts.
What is ubuntu with reference to case law?
Ubuntu is associated with fairness, non-discrimination, dignity, respect and civility. … The term ubuntu first appeared in the 1993 Interim Constitution. It has since been linked by our courts to at least ten constitutional rights including equality, privacy, freedom of expression, and most often dignity.
How does ubuntu relate to justice?
Ubuntu is not only a moral theory concerned with infusing humane dispositions. It also embodies values, morals, and notions of traditional African communal justice. Indeed in Southern Africa Justice is perceived as Ubuntu fairness. That is, doing what is right and moral in the indigenous African society.
What are the values of Ubuntu?
3.1. 3 Valid concerns about ambiguity. … ubuntu is said to include the following values: communality, respect, dignity, value, acceptance, sharing, co-responsibility, humaneness, social justice, fairness, personhood, morality, group solidarity, compassion, joy, love, fulfilment, conciliation, et cetera.
What is the concept of Ubuntu?
Ubuntu is a term which derives from “muntu” meaning a person, a human being. It defines a positive quality supposedly possessed by a person. (An internal state of being or the very essence of being human.)
How can the principle of Ubuntu be applied?
When a victim complains about an incident, the police officers do the right thing like getting all the information about the incident. But, the principles of Ubuntu is not about what is right, it is about what is ethical to do. The people should treat the victims respectfully and they should be given more empathy.
What do you understand by customary law?
Customary law generally means relating to custom or usage of a given community. … Putting it in a more simplistic form, the customs, rules, relations, ethos and cultures which govern the relationship of members of a community are generally regarded as customary law of the people5.
Can Ubuntu be Practised outside of community?
Can Ubuntu be practised outside of community? Elaborate. … Ubuntu is not limited to just a community but also to a bigger group for example a nation at large. The president of South Africa, Nelson Mandela emphasized on the importance of Ubuntu when he fought against apartheid and inequality.
How does Ubuntu help fight violent crimes?
Ubuntu is somewhat a South African concept that involves charity, sympathy, and mainly underlines the concept of universal brotherhood. Hence this concept can help fight social challenges such as racism, crime, violence and many more. It can contribute to maintaining peace and harmony in the country at large.
Would you still be African if you didn’t practice Ubuntu and communal living?
This means to belong to the continent of Africa. Would you still be African if you didn’t practice Ubuntu and communal living? no because Africans are the black people.
Can we find balance between justice and Ubuntu?
Yes, it is possible to find a balance between justice and the implementation of Ubuntu and its inherent ideas of rehabilitative justice. Explanation: In relation to processes which create trust, integrity, peace and justice, Ubuntu is about listening and recognising others.
What are the key principles of Ubuntu as an African philosophy?
The Ubuntu philosophy articulates such important values as respect, human dignity, compassion, solidarity and consensus, which demands conformity and loyalty to the group. However, modern African society is constituted of people from different cultures and backgrounds.