South African courts face a challenge in the application of intra and extra-texual aids in constitutional interpretation. Given that the 1993 and 1996 Constitutions have brought about a new era in the exercise of human rights, the challenge that the courts face is to strike a balance between individual and communitarian values. I have argued that the African concept of ubuntu which was included in the 1993 Constitution and impliedly included in the 1996 Constitution should be applied as a constitutional value and interpretive aid. This argument is fortified by the 1996 Constitution's frequent reference to human dignity, which is accorded full meaning by ubzmtu.mtu. This concept is further examined with a vie-..v to linking it vvith African jurisprudence which is characterised by the exercise of individual human rights within the context of a group. In conclusion proposals on the way forward in the application of ubuntu are / Law / LL.M.

This study sets out to examine whether the "new'' provincial governments in South Africa are in practice functioning as "quasi-federal" power bases. The study starts with an appraisal of the core constitutional concepts critical to provincial government as a prelude to the enquiry into the practical status of the provincial governments. An enquiry is made into the application of certain provisions of the interim Constitution pertaining to provincial government. Thereafter certain provisions of the final Constitution pertaining to provincial government are compared with the corresponding provisions of the interim Constitution. The issue of provincial powers in practice and the problems experienced by provincial governments are also dealt with. The study concludes that provincial governments are currently not functioning as "quasi-federal" power bases and that it is even doubtful whether that situation will present itself in the foreseeable future. / Law / LL. M.

South African courts face a challenge in the application of intra and extra-texual aids in constitutional interpretation. Given that the 1993 and 1996 Constitutions have brought about a new era in the exercise of human rights, the challenge that the courts face is to strike a balance between individual and communitarian values. I have argued that the African concept of ubuntu which was included in the 1993 Constitution and impliedly included in the 1996 Constitution should be applied as a constitutional value and interpretive aid. This argument is fortified by the 1996 Constitution's frequent reference to human dignity, which is accorded full meaning by ubzmtu.mtu. This concept is further examined with a vie-..v to linking it vvith African jurisprudence which is characterised by the exercise of individual human rights within the context of a group. In conclusion proposals on the way forward in the application of ubuntu are / Law / LL.M.

This study sets out to examine whether the "new'' provincial governments in South Africa are in practice functioning as "quasi-federal" power bases. The study starts with an appraisal of the core constitutional concepts critical to provincial government as a prelude to the enquiry into the practical status of the provincial governments. An enquiry is made into the application of certain provisions of the interim Constitution pertaining to provincial government. Thereafter certain provisions of the final Constitution pertaining to provincial government are compared with the corresponding provisions of the interim Constitution. The issue of provincial powers in practice and the problems experienced by provincial governments are also dealt with. The study concludes that provincial governments are currently not functioning as "quasi-federal" power bases and that it is even doubtful whether that situation will present itself in the foreseeable future. / Law / LL. M.

The Constitution stipulates that its value-commitments are to inform the interpretation of statutes and the development of the common law and customary law. Legislative construction and law-application generally are therefore to be perceived as involving an axiological dimension. Three hermeneutical traditions are dealt with to the end of clarifying the approaches to be adopted in everyday legal• argumentation. The study culminates in the adduction of leads for substantive !juridical argument in the process of statutory interpretation and in handling common-law and customary-law sources. These leads are shown to be functional byi way of a critical discussion of recent case law and a conspectus of contemporary t~ought bearing on the nature of customary law. The social dimension of the legal process is throughout underscored as a factor of significance. Concomitantly, it is rcigistered that the jurisprudence of formalism, so marked an attitude of a previous time, should be abjured to the extent that it is disdainful of value-commitment. Conformably, literalist and literalist-cumintentionalist perceptions as well as kindred stances are berated. The penultimate chapter of this thesis suggests an encompassing approach to the interpretation of statutes, comprised of a systematic tabulation of insights previously garnered. The fmal chapter postulates that common law and customary law are not to be dealt with upon an interchangeable basis, inasmuch as the sources go out from radically divergent premises. It then proceeds to elaborate a conceptual framework for dealing respectively with each of these sources. / Law / LL.D.

The Constitution stipulates that its value-commitments are to inform the interpretation of statutes and the development of the common law and customary law. Legislative construction and law-application generally are therefore to be perceived as involving an axiological dimension. Three hermeneutical traditions are dealt with to the end of clarifying the approaches to be adopted in everyday legal• argumentation. The study culminates in the adduction of leads for substantive !juridical argument in the process of statutory interpretation and in handling common-law and customary-law sources. These leads are shown to be functional byi way of a critical discussion of recent case law and a conspectus of contemporary t~ought bearing on the nature of customary law. The social dimension of the legal process is throughout underscored as a factor of significance. Concomitantly, it is rcigistered that the jurisprudence of formalism, so marked an attitude of a previous time, should be abjured to the extent that it is disdainful of value-commitment. Conformably, literalist and literalist-cumintentionalist perceptions as well as kindred stances are berated. The penultimate chapter of this thesis suggests an encompassing approach to the interpretation of statutes, comprised of a systematic tabulation of insights previously garnered. The fmal chapter postulates that common law and customary law are not to be dealt with upon an interchangeable basis, inasmuch as the sources go out from radically divergent premises. It then proceeds to elaborate a conceptual framework for dealing respectively with each of these sources. / Law / LL.D.