LJU4801 ASSIGNMENT 2 SEMESTER 1 FOR 2023-
LEGAL PHILOSOPHY. 90% AND ABOVE.
DISTINCTION GUARANTEED. QUALITY WORK WITH
FOOTNOTES AND BIBLIOGRAPHY.
,This assignment is based on learning units 3 & 4 of the study guide. Read the
following scenario and then answer the questions set out below.
In 2011 the Constitutional Court heard the case of The citizen 1978 (Pfy) 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:
[217] 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.
[218] Ubuntu gives expression to, among others, a biblical injunction that one should do
unto others as he or she would have them do unto him or her.
Question 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. (15)
Question 2
In the second paragraph the Judge seems to equate ubuntu with Christianity and a
"biblical injunction". Write a critical essay in which you explain the Christian (or
Medieval) philosophy of Aquinas and then indicate whether you think this philosophy is
the same as or comparable to the ideas of ubuntu that you referred to in your answer to
question 1. (NB You should not repeat the information already contained in your answer
to question 1). (25)
[40]
, SOLUTION
QUESTION 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. (15)
The concept of Ubuntu is rooted in traditional African philosophy and emphasizes the
interconnectedness of all people and their responsibility to one another. Ubuntu is a
complex concept that encompasses notions of empathy, hospitality, respect, dignity,
and community. As Tutu (1999) explained, Ubuntu is the recognition that my humanity
is caught up, is inextricably bound up, in yours. 1 This recognition of interconnectedness
fosters a sense of responsibility and accountability towards others and promotes social
harmony and cooperation. Ubuntu has been influential in African cultures and has
gained wider acceptance globally as a philosophy that promotes human dignity and
social justice. Ubuntu is an important concept that emphasizes the interconnectedness
of all people and the importance of treating others with kindness and respect. It is a
value system that can benefit individuals and societies by promoting cooperation,
empathy, and social harmony.
Ubuntu is a traditional African philosophy that emphasizes the interconnectedness and
interdependence of all people (Mogoeng, 2011). 2 It emphasizes mutual respect,
compassion, and human dignity, encouraging individuals to recognize the humanity of
others and to treat them with kindness and empathy. Ubuntu has been present in
African cultures for centuries and has played a significant role in promoting social
harmony and cooperation, as well as resolving conflicts through dialogue and
consensus-building.
1
Tutu1999 Ubuntu: A Philosophy of African Humanism. In T. N. Ndhlovu (Ed.), The Hidden Side of
South African Politics 151-162.
2
Mogoeng 2011. The citizen 1978 (Pty) Ltd and Others v McBride (CCT 23/10) 2011 (4) SA 191
(CC).
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