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Summary dignity delicts.
these are summarized notes from the topic of dignity delicts.
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DELICTDIGNITY DELICTS IN TERMS OF CUSTOMARY LAW
Customary law is a primary source of law and is in the same status as common law.
In terms of Customary Law, we follow a casuistic approach meaning each case is being treated
differently.
Customary Law focuses on kind, unkind and restorative relationships. Customary Law
defamation aims to protect the reputation and self-esteem of dignity interests.
In terms of the official customary law the case of defamation can only be raised against
witchcraft, where one person allegedly called another a witchcraft.
For a case of defamation to be raised against the accused, the onus is on the victim to prove
that the wrongdoer made allegations against them expressly calling them a witch, and those
allegations were made with malice and without good faith. The wrongdoer has an obligation to
defend themselves by proving that that the allegation was made without malice and in good
faith.
The remedy for Customary Law defamation forms part of Criminal and civil reparation. The
remedies may be in the form of monetary compensation, apologies, slaughtering an animal for
purification and reconciliation.
THE LEGAL VALUE OF UBUNTU
Ubuntu does not originate from our constitution; it was long established in indigenous African
law, and it formed part our legal system when it was introduced in our legal system in 1993
interim constitution. Ubuntu. The relationship between the wrongdoer and the victim must be
restored and repaired to create social harmony.
Ubuntu, as a constitutional value can be used to restrict fundamental rights as a value to be
found in an open and democratic society and to interpret fundamental rights and legal
conceptions deriving from legislation and common law.
Ubuntu holds the promise of initiating ideological shift in the law from individualism to greater
communitarianism.
From the Dikoko case, the fundamental conditions of restorative justice have been identified as
encounter, reparations, reintegration, and participation. Restoration and reintegration in these
circumstances depend upon the achievements of mutual respect for and mutual commitment.
To achieve these ideas, legal remedies must emphasize the humanity of individuals instead of
merely commodifying the human experience through an exclusive focus on monetary
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