ST AUGUSTINE UNIVERSITY OF TANZANIA

SCHOOL OF LAW

COURSE NAME : SOCIAL SECURITY LAW

COURSE CODE : SLW 441
SUBMITTED TO : MR. MASOUD
TASK : INDIVIDUAL ASSIGNMENT

SUBMISSION DATE: 18 THJANUARY 2020.

NAME ; REGISTRATION NO;
TIENG’O RAPHAEL CLEMENT LLB 56570

QUESTION;
DISCUSS how the Ubuntu is fundamental principle that cuts across the social security
programes
Ubuntu means love, truth, peace, happiness, eternal optimism, inner goodness, etc. Ubuntu is
the essence of a human being, the divine spark of goodness inherent within each being. From the
beginning of time the divine principles of Ubuntu have guided African societies. Ubuntu can be
referred to the African Culture of Human Solidarity. It is the capacity in African culture to
express compassion, reciprocity, dignity, harmony and humanity in the interests of building and
maintaining community with justice and mutual caring. It is Nguni Bantu term meaning
humanity. It’s always translated as “I’m because we are” or humanity towards others. It can be
also termed in different senses to mean the belief in a universal bond of sharing that connects all
humanity; the community is made up of individuals, families, leaders and knowledge holders. In
Ubuntu individuals belongs to the community and the community having the role to play in order
to protect the individuals. Ubuntu is an eternal African philosophy of 'Oneness' – this oneness is an
understanding of the interconnectedness of all life. A golden thread of goodness connects all life from
the lowest creature to the highest, this golden thread of goodness is commonly known as love i.e.
Ubuntu. From the beginning of time the divine principles of Ubuntu have guided African
societies. How one interacts with other human beings, nature, or The Creator, Ubuntu was and
still is the guiding principle. Ubuntu is extremely important in Africa and the world at large – as
the world needs a common guiding principle of human values. Ubuntu is the core of human
values and without Ubuntu mankind is enveloped by greed, selfishness, immorality, pride etc. 

MOREOVER, In Africa continent, social security is considered is an inevitable social

and economic justice tool, in other ways the social security in Africa has important to do with
social justice and economic justice. The lack which does not affect the individuals alone but also
includes the whole society. It’s from this perspective or idea that the social security in Africa is
built in one principle that “motto ke motto kabathobabang” which means a man is a complete.
person through other fellow man, the Ubuntu principle is built in the so-called solidarity, sharing,
and helping to each other in the community.1

APPLICATION OF UBUNTU PRINCIPLE IN AFRICAN STATE.

From the above explanation, the following may be considered in the application of Ubuntu
principle in African State, that’s to say: -

• Being sincere towards others (i.e. no deception and always seeking for mutual benefits)

• Being trustworthy in handling transactions (i.e. treasuring one’s credibility)

• Baking righteousness as profits (i.e. treasuring righteousness more than profitability)

• Being grounded on kindness (i.e. being kind to others and not taking advantages when others
are having crises).

Ubuntu Principle and the Social Security Programs in Africa

In Africa the nature of of social security that existed was centred in the so called informal or
traditional social security and non-formal social security. Most Africans were not covered by
social security programs. Social security coverage is a benefits for the lower, middle and upper
classes in ubarn areas in African state. The social security that do exist in African state were
influenced by their colonial heritage. But before the colonial invention African had their own
way and traditionally way of helping to each other through the word of socialization within the
given community. The application of the Ubuntu philosophy optimizes the indigenious setting of

1
Tutu, Desmond (2013). Who we are: Human uniqueness and the African spirit of Ubuntu.
an African organization due to that the Ubuntu principle believe in group solidarity, which is the
central to the survival of African communities.

An African is not rugged individual, but a person living with a community. Its only through such
community solidarity, that hunger, isolation, deprivation, poverty and any emerging challenges
can be survived, because of the community’s brotherly and sisterly concern cooperation, care
and sharing.

The Ubuntu Principle does not means that people should not address themselves to a problem,
but it does imply that they should look at whether what they are doing will enable and empower
the community around them and help it to improve. It’s also implying that if people are treated
well they are likely to perform better. That why people are to be given social security services in
order for them to live in good life standard like other people live. For example the poor people
should be given social services like education services, health services and the other related
social services in the community.

Ubuntu is the basis of African communal cultural life, it expresses the interconnectedness,
common humanity and the responsibility of individuals to each other. It bring to light an African
society is, in general, humanist, community-based and socialist in nature.

The significance of the Ubuntu principle

The following are the significances of the so called Ubuntu to the society at large which cut
across to the social security in the society and the community in general which are:-

a) The community is more important than an individual under the Ubuntu principle.

This represents an African conception of human being and their relationship in the community
that embodies the ethics defining Africans and their social behaviours. Its where a human being
is regarded as a human being only through his or her relationship to ather human being.
Therefore the survival of human being is dependent on other person that is the community and
the society. The society is centred in the issue of caring to each other, the community had the
way of protecting their members against shocks like death, sickness, old age, disability or hunger
it was organized around the community ties.
 b) The introduction of the informal social security, this is the provision of supports (in the
form of monetary transfer, benefits in kind, services and facilities) to members of society,
households and individuals, through collective means (including non-governmental, semi-
formal, community and traditional arrangements) with or without public intervention, to
maintain a living standard of human dignity by meeting basic needs, and to protect against low
or declining living standards, arising from a number of basic risks, contingencies and needs.

Understanding the rationale for the existence of informal social security

Traditional support systems exist because they are a way of life and therefore an embodiment
of cultural norms, values and beliefs. Traditional support systems therefore define who people
are and are instrumental in developing and maintaining cohesiveness within the extended family
system. It is this cohesiveness that makes it possible to galvanize support from the extended
family system in support of needy members. Although it is generally acknowledged that the
extended family system has weakened as a result of urbanization and globalization, the extended
family still remains an important source of social protection for informal workers.

The emergence of some of the self-organised mutual aid arrangements was associated with
the movement of labour from rural to urban areas. It was not possible for the migrants to
continue relying on traditional support systems given the fact that they were now living far away
from their relatives. Thus they had to organise their own social protection in order to respond to
the new socio-economic challenges in their new urban environment. These families build new
social networks at the place of work, church, clubs and within their neighborhoods. One of the
early initiatives was the formation of burial societies in response to the prohibitive costs
associated with burying the dead.

Informal social security particularly self-organised mutual aid arrangements have emerged
because of gaps in formal social security provision. That, the informal social security has
emerged in situations where formal social security is either non-existent or noticeably weak. This
explains the situation in many African countries which are characterised by lack of
comprehensive social security systems. Lack of comprehensive social security systems therefore
means that some of the risks that people are exposed to remain uncovered. There are thus gaps in
the coverage of risks which leave people vulnerable.
 Informal social security systems play a preventive function. The rotating savings and credit
schemes that are common in this region help to reduce the probability of risk. The proceeds from
the rotating savings and credit associations are often used to pay school fees for children or to
enable members of the family to access health care. Ensuring that children go to school is an
important strategy for breaking the cycle of poverty. Burial societies also have a preventive
function in that they help to soften the blow on the family when death occurs.

Informal social security systems also have promotive functions. A promotive programmes as
those that “enhance assets, human capital and income earning capacity among the poor”. It can
thus be argued that rotating savings and credit associations help members to enhance their
productive capacity and thereby enhance their income earning capacity. Members also use the
proceeds from these schemes to build their assets. The ultimate aim is to improve the well-being
of the individual members and their families but with the potential of a positive knock –on effect
on the community.

Due to that some people lack of provision adequate formal social security and the lack of access
to formal social security, Policy-makers have been grappling with the problem of lack of social
protection for informal workers for many years now. There are no easy solutions to this problem
and this explains why the problem still persists. The options that have been considered include
the following;

 Extending the reach of social insurance. This entails extending coverage of existing
social insurance schemes to informal workers with the understanding that they pay
double contributions to accommodate the payment of the employer component. The
payment of double contributions has proved to be a disincentive hence the low
participation rates.

 Creation of special schemes for informal workers The special schemes are an adaptation
of existing social insurance schemes in that the contribution and benefit regimes are
designed to accommodate the special circumstances and capacities of informal workers
and other excluded groups. An important consideration is that the special schemes should
cover the priority risks of informal workers.
  Introducing micro-insurance Micro-insurance has been introduced to enhance access to
health care by groups that are not covered by any scheme like those which shall be

 governed by the law. For instance in Tanzania, the public service social security fund and
the national social security fund as governed by the public service social security fund
Act No.2 of 2018.

 Strengthening self-organised mutual aid arrangements. Linking community-based mutual

aid arrangements with formal social security schemes is one way of strengthening these
schemes so that they can provide meaningful social protection. These schemes can
benefit from the technical and financial expertise in formal social security schemes. For
instance, burial societies can be linked to funeral insurance companies which can extend
their funeral insurance policies to members of burial societies.

 Expanding non-contributory social security systems. Many countries in Africa have

expanded non-contributory social security systems in order to extend coverage of social security.
These countries have realized that relying exclusively on social insurance will not ensure access
to social security for all.

In order to achieve universal social protection, there is need to adopt a multi-pronged approach to
the social protection of informal workers.

Firstly, there is need to extend the coverage of existing social insurance schemes to informal
workers. There is need to create awareness among informal workers on the need for them to
participate in social insurance schemes.

Secondly, there is need to establish special social insurance schemes for informal workers. These
schemes need to come up with contribution and benefit regimes that take cognizance of the
limited contributory capacity of informal workers.

Thirdly there is scope for strengthening self-organised mutual aid arrangements by linking them
to formal social security schemes, including private insurance schemes. This has potential to
raise the level of social protection for informal workers.
Finally, there is need for African governments to use non-contributory forms of social security as
instruments for extending social protection to informal workers. In view of the fact that informal
social security is not the ideal, informal workers should be assisted to eventually graduate from
informal to formal social security.2

IN ADDITION TO THAT, the concept of Ubuntu is an alternative to individualistic and

utilitarian philosophies that tend to dominate in the West. It is a Zulu/Xhosa word, with parallels
in many other African languages, which is most directly translated into English as ‘humanness’.
Its sense, however, is perhaps best conveyed by the Nguni expression ‘umuntu ngumuntu
ngabantu’, which means ‘a person is a person through other people’. The origins of Ubuntu as a
concept can be traced to the Bantu peoples of southern Africa although the philosophy is now
shared across much of the continent. It is perhaps best understood as a social philosophy based
on principles of care and community, harmony and hospitality, respect and responsiveness that
expresses the fundamental interconnectedness of human existence. It has been described as a
philosophy of peace and is perhaps best known as a guiding concept of the ‘African
Renaissance’, spearheaded by post-colonial and post- apartheid leaders in South Africa such as
Nelson Mandela, Desmond Tutu and Thabo Mbeki, in which Africans are urged to re-engage
with African values.3

1. Interdependence Ubuntu is a relational philosophy; its frequent articulation as ‘I am because

we are’ points towards a strongly constructivist ontology in which a person’s sense of being
cannot be detached from the social context in which they find themselves.

2. Inclusivity Ubuntu is collectivist in orientation - expressing the value of collaboration,

cooperation and community. It espouses an ethos of care and respect for others and the
importance of solidarity in the face of adversity.4
2
Thaddeus Metz, (200): Toward an African Moral Theory, The Journal of Political Philosophy, Vol. 15, No. 3. pg.
331, 334.

3
Dr Richard Bolden, University of Exeter Business School, UK
In David Coghlan and Mary Brydon-Miller (Eds) Encyclopedia of Action Research, London:
Sage Publications, 2014 (in press)
4
Dr Richard Bolden, University of Exeter Business School, UK
In David Coghlan and Mary Brydon-Miller (Eds) Encyclopedia of Action Research, London:
3. Inter-subjectivity described as a collectivist philosophy, in practice the concept of Ubuntu is
inter-subjective in that it focuses on the relationship between the individual and the collective,

rather than privileging one over the other.

Limitations and critiques

Africans and non-Africans alike have enthusiastically advocated the philosophy of Ubuntu, it is
not without its challenges.

1. Rhetoric and reality

In many cases there is a huge gap between the espoused philosophy of Ubuntu and the lived
experience of people in communities that purport to embrace it. The concept of Ubuntu, by its
very nature, tends to be most prevalent in societies facing substantial social, political, economic
and environmental challenges.

2. The limits of interdependence

As a collectivist philosophy Ubuntu highlights the importance of interdependence and of people

working together in pursuit of shared goals. The concept of Ubuntu developed at a time when
African society was still largely organized around membership of tribal groups. In an
increasingly urbanized and globalized society, however, where do we draw the lines between
communities and groups? Historically part of the success of Ubuntu was in articulating a
framework for reciprocal responsibility whereby members of a particular group supported one
another and, in so doing, increased the resilience and likely survival of the group.

3. The connection between people and environment A further question raised by some authors
is the extent to which Ubuntu makes a false separation between people and the environment. Dr
Puleng LenkaBula, for example, suggests that common conceptions of Ubuntu (and the
synonymous concept of Botho) are anthropocentric in that they focus on human relations yet fail
to recognize the connection with the physical and natural environment in which such interaction
occurs.5

Sage Publications, 2014 (in press)

5
Dr Richard Bolden, University of Exeter Business School, UK
In David Coghlan and Mary Brydon-Miller (Eds) Encyclopedia of Action Research, London:
 IN A NUTSHELL, within the Ubuntu principle, the importance and value of the human
being (munthu) and the community are pivotal. The practices of the Ubuntu principle with regard
to humanity, care, sharing, teamwork spirit, compassion, dignity, consensus decision-making
systems and respect for the environment are all positive elements that could make a contribution
towards the improvement of corporate performance.

BIBLIOGRAPHY

Yusufu T. (2006): Foundations of African Traditional Religion and Worldview Nairobi: Word
Alive Publishers, p. 36.

Ramose B. (1999): African Philosophy through Ubuntu. Harare: Mond Books, p. 49.

Ethnology, 24(4), 113–118.

LenkaBula, P. (2008) Beyond anthropocentricity – Botho/Ubuntu and the quest for economic

Sage Publications, 2014 (in press)

and ecological justice in Africa, Religion and Theology, 15, 375-394.

Louw, D J (2001) Ubuntu and the challenges of multiculturalism in post-apartheid South

Africa, Quest: An African Journal of Philosophy, XV(1-2), 15-36.