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.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:uir.unisa.ac.za:10500/15619 |
| Date | 06 1900 |
| Creators | Netshitomboni, Sivhaga |
| Contributors | Botha, C. J. (Christo J.) |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Dissertation |
| Format | 1 online resource (vii, 26 leaves) |
Page generated in 0.0024 seconds