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LJU4801 PORTFOLIO OCT/NOV FOR SEMESTER 2 OF 2023
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  • Course
  • LEGAL PHILOSOPHY (LJU4801)
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  • University Of South Africa (Unisa)
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  • An Introduction to African Legal Philosophy

LJU4801 PORTFOLIO OCT/NOV FOR SEMESTER 2 OF 2023 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. Your answer should not exceed ...

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  • October 25, 2023
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LJU4801 PORTFOLIO FOR SEMESTER 2 OF
2023 [OCT/NOV EXAM]

UNIQUE CODE: N/A

, QUESTION 1

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. Your answer should not exceed 750 words. (15)

Ubuntu is a concept that is not easy to define. 1 This is partly because it is difficult to
translate a uniquely African concept into English. 2 As Tutu postulates, ‘ubuntu is very
difficult to render into a Western language. It speaks of the very essence of being human’. 3
Moreover, many elements go into making a person humane, which also makes it hard to
define this concept. 4 Ubuntu in the South African context is derived from Nguni and
Sesotho languages, 5 expressed as umuntu ngumuntu ngabutu and motho ke motho ka
batho babang, respectively. These expressions articulate that a human being is a human
being through interactions with other humans. 6 As described by the court in S v
Makwanyane,

Generally, ubuntu translates as humaneness. In its most fundamental sense, it translates as
personhood and morality. Metaphorically, it expresses itself in umuntu ngumuntu ngabantu,
describing the significance of group solidarity on survival issues so central to the survival of
communities. While it envelops the key values of group solidarity, compassion, respect, human
dignity, conformity to basic norms and collective unity, in its fundamental sense it denotes humanity
and morality. Its spirit emphasises respect for human dignity, marking a shift from confrontation to
conciliation. 7

Ubuntu echoes the African understanding of humanity. Ubuntu can be charecterised as
comprehensive African worldview based on the values of humanness, compassion, caring,
sharing, respect, and associated values, promoting a happy and qualitative human
community life in a spirit of family. 8 Some of these values are reflected in theories of
communitarianism and reconciliation, which are both central to African legal philosophy. In
the former theory lies the idea that ‘the reality of the communal world takes precedence
over the reality of the individual life’. 9 This notion is based on the importance of the family



1
Ramathate T H Dolamo, ‘Botho/Ubuntu: Perspective of Black Consciousness and Black Theology’ (2014) 40
Studia Historiae Ecclesiaticae 215, 216; Irma J Kroeze, Legal Philosophy Study Guide (University of South Africa,
2017) 153
2
Tutu D as cited by Kroeze, Legal Philosophy 153.
3
Dolamo, ‘Botho/Ubuntu: Perspective of Black Consciousness and Black Theology’ 216.
4
Dolamo, ‘Botho/Ubuntu: Perspective of Black Consciousness and Black Theology’ 216.
5
Dolamo, ‘Botho/Ubuntu: Perspective of Black Consciousness and Black Theology’ 216.
6
Dolamo, ‘Botho/Ubuntu: Perspective of Black Consciousness and Black Theology’ 217; Willie L Van der
Merwe, ‘Philosophy and the Multi-cultural Context of (post) Apartheid South Africa’ (1996) 3 (2) Ethical
Perspectives 76, 76.
7
S v Makwanyane 1995 (2) SACR 1 (CC) [308].
8
Moeketsi Letseka, ‘Educating for Ubuntu/Botho: Lessons from Basotho Indigenous Education’ (2013) 3 (2)
Open Journal of Philosophy 337, 337.
9
Kroeze, Legal Philosophy 149.

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