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LJU4801 Portfolio Exam Memo Semester 2 October 2023. Distinction
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LJU4801EXAM
Legal Philosophy Portfolio October 2023
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LJU4801 Examination Portfolio
Memo, Semester 2 2023. Top
Quality Excellent Answers with
Footnote and Bibliography!
Due Date: 25 October 2023
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, In 2011 the Constitutional Court heard the case of The citizen 1978 (Pty) Ltd and
Others v McBride (CCT 23/10) 2011 (4) SA 191 (CC). This was a defamation case
brought by Robert McBride against the Citizen newspaper. He alleged that they had
defamed him. The newspaper believed that the comments were covered by freedom
of expression. In the course of his minority Judgment, Mogoeng J made the following
remarks:
Botho or ubuntu is the embodiment of a set of values and moral principles which
informed the peaceful co-existence of the African people in this country who
espoused ubuntu based on, among other things, mutual respect. “[243] Indeed,
human dignity must colour the spectacles through which we view defamatory
publications, particularly those which are inextricably linked to our painful past. And
so should our rich values, like ubuntu, which are consistent with the Constitution, our
shameful history of institutionalised human rights violations, our commitment to make
a decisive break with this past as well as our pursuit of the noble objectives of
national unity and reconciliation also inform the interpretation and exercise of the
rights to dignity, freedom of expression, privacy and property in this country.”
Question 1.1
In the first paragraph ubuntu is characterised as typically African. Write a brief
essay in which you explain what ubuntu means and indicate whether you think
the judge is right in his characterisation of ubuntu.
Ubuntu is a Southern African philosophy and cultural concept that is often
characterized by its emphasis on community, interconnectedness, and the idea that
one's humanity is inextricably linked to the humanity of others. The term
"ubuntu" originates from …………………………………………………………..
the Nguni Bantu languages and is widely embraced and practiced in various African
cultures, especially in South Africa, where it has gained recognition as a guiding
moral and ethical principle.
At its core, ubuntu revolves around the belief that individuals are not isolated entities
but rather part of a larger community. It emphasizes the interconnectedness of all
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