LJU4801 ASSIGNMENT 2 SEMESTER 2 2022. Kamga shows that the African notion of Ubuntu is a source of law in South Africa. It
had informed the interim Constitution and had been at the centre of the South
African Jurisprudence.1
Kamga examines how the African notion of Ubuntu had been incorporated i...
, 1. answer:
Kamga shows that the African notion of Ubuntu is a source of law in South Africa. It
had informed the interim Constitution and had been at the centre of the South
African Jurisprudence.1
Kamga examines how the African notion of Ubuntu had been incorporated into the
South Africa national legal systems in order to foster respect for ‘modern’ human
rights or to ensure that human rights are culturally embedded within the South
African Society.2
For time immemorial, the cultural value which epitomises togetherness and ‘caring
for each other’ in a community has been the way of life in various African
Communities including South African. Accordingly, one is his/her brother/sister’s
keeper.3
The philosophy which developed into a way of life has been a reality before the
period of Enlightenment in Europe, considered as the beginning of the human rights
discourse. In other words, prior to the Enlightenment era, the human rights discourse
in the form of caring for one another was a live reality in Africa under the Ubuntu
philosophy.4
The South African model is chosen for a case study for several reasons: The country
went through a peaceful transition from Apartheid to democracy due to the
application of Ubuntu; the latter informs the adoption of the democratic Constitution
in 1996, and the South African jurisprudence is characterised by reliance on Ubuntu
in numerous judgements. In making its case, Kamga unpacks the concept of Ubuntu
before examining its application as a source of law in the South African Legal
Context.5
1 Kamga SD. (2018) cultural values as a source of law: Emerging trends of ubuntu jurisprudence in
South Africa, African Human Rights Law Journal 18(2) 625
2 Kamga SD. (2018) cultural values as a source of law: Emerging trends of ubuntu jurisprudence in
South Africa, African Human Rights Law Journal 18(2) 626
3 Kamga SD. (2018) cultural values as a source of law: Emerging trends of ubuntu jurisprudence in
South Africa, African Human Rights Law Journal 18(2) 625
4 Kamga SD. (2018) cultural values as a source of law: Emerging trends of ubuntu jurisprudence in
South Africa, African Human Rights Law Journal 18(2) 625
5 Kamga SD. (2018) cultural values as a source of law: Emerging trends of ubuntu jurisprudence in
South Africa, African Human Rights Law Journal 18(2) 625-649
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