Article Sidebar
DOI:
10.4314/pelj.v14i4.2Article Details
This work is licensed under a Creative Commons Attribution 4.0 International License.
Copyright in all material published in PER/PELJ vests in the author, provided that authors grant, by submission of their contributions, permission that their contributions may be shared and adapted without restriction. An author furthermore agrees that the same contribution may not be published elsewhere without the written permission of the editor.
Anyone gaining access, electronically or otherwise, to a contribution to PER, may quote from such contribution, use the intellectual content thereof, share and adapt it, but subject to the following conditions:
you must give appropriate credit, provide a link and indicate if changes were made; and
the copyright of the author(s) may not be infringed in any way.
Main Article Content
Ubuntu: An African Equity
Abstract
In this paper the uses of ubuntu in constitutional law, criminal law, administrative law, the law of property, family law, delict and contract are investigated. Furthermore the theoretical objections to the use of ubuntu are stated and responded to. It is found that ubuntu provides the South African courts with a metanorm similar to the English notion of equity and that it is being deployed to give voice to something distinctively African. It promises to lay the foundations for a cohesive, plural, South African legal culture", characterised by notions such as reconciliation, sharing, compassion, civility,
responsibility, trust and harmony.
KEYWORDS: Ubuntu, equity, reconciliation, human dignity, humanity, social harmony, restorative justice, cultural heritage
http://dx.doi.org/10.4314/pelj.v14i4.2
