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
1
This study source was downloaded by 100000837854628 from CourseHero.com on 09-15-2022 07:45:40 GMT -05:00
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller STUDYCENTER2024. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R53,23. You're not tied to anything after your purchase.
