Ubuntu versus the core values of the South African Constitution

Loading...
Thumbnail Image

Authors

Keevy, I.

Journal Title

Journal ISSN

Volume Title

Publisher

Faculty of Law, University of the Free State

Abstract

Showing abstract in English
English: At the dawn of South Africa's new era of constitutionalism the Constitutional Court introduced "African law and legal thinking" and ubuntu to South African jurisprudence as part of the Constitution's source of democratic values. Whereas the Constitutional Court averred on the one hand that African law sustains firmly entrenched gender inequality, it was contended on the other hand that ubuntu is "in consonance with the values of the Constitution in general and the Bill of Rights in particular". This article deconstructs the concepts "African law and legal thinking" and ubuntu and contends that ubuntu, African law and African religion are not only inseparable but that ubuntu - the basis of African law - sustains the deep-seated patriarchal hierarchy and entrenched inequality in traditional African societies. This article concludes that ubuntu "is [not] in consonance with the values of the Constitution in general and the Bill of Rights in particular".

Description

Keywords

Citation

Keevy, I. (2009). Ubuntu versus the core values of the South African Constitution. Journal for Juridical Science, 34(2), 19-58.

Endorsement

Review

Supplemented By

Referenced By