UBUNTU'S LEGAL STATUS WITH REGARDS TO THE

COMMITMENT TO LEGISLATIVE IMPROVEMENT

By

AUBREY LEBOHANG MOKONE

(67188141)

Submitted in partial fulfilment of the requirements for the degree

BACHELOR OF LAWS

in the

DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW

SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA

SUPERVISOR: MR LC COETZEE
RRLLB81 ASSESSMENT 3

10 NOVEMBER 2023
ACADEMIC HONESTY DECLARATION

I, __Aubrey Lebohang Mokone_ (full name/s and surname) Student number:

_____67188141______ declare that I am the author of this assignment in RRLLB81.
• By signing this declaration, I acknowledge that I am aware of what plagiarism is.
• I declare that this assignment is my own, original work and that where I used other
information and resources, I did so in a responsible manner.
• I did not plagiarize in any way and I have referenced and acknowledged any legal
resources that I have consulted and used to complete this assignment.
• I did not use a current or previous student work submitting it as my own.
• I did not allow anyone to copy my work and submit it as their own.
• Furthermore, I acknowledge that I am aware of UNISA’s policy on plagiarism and
understand that if there is evidence of plagiarism within this document, UNISA will take
the necessary action

DATE: 10 NOVEMBER 2023

TOPIC SELECTED: THE CONCEPT OF UBUNTU AND ITS CONTRIBUTION TO
THE IMPROVEMENT OF THE LAW
MARK RECEIVED FOR ASSESSMENT 1: 46%
MARK RECEIVED FOR ASSESSMENT 2: 0%
ABSTRACT
Regarding the idea behind the term Ubuntu, people have their own definitions even
the dictionaries. This research report serves to give understanding to the concept of
ubuntu with it’s criticism with regards to Yvonne Mokgoro’s arguments. 1 Ubuntu
generally means humanness according to Yvonne Mokgoro.2
The interim Constitution of South Africa, during the time of transition, recognized and
appreciated ubuntu. When it comes to Section 39(1) of the 1996 Constitution it entails
factors such as human worth, fairness, and liberty at the center of how the Bill of
Rights and other later items of law should be read, in spite of the fact that Ubuntu is
not mentioned by name in the document.3 Furthermore, Ubuntu is based on these
principles.
In this research report, It is acknowledge that the legal system has made a noteworthy
contrast to the expansion of Ubuntu in legal theory. Courts are adopting Ubuntu in an
attempt to alleviate the criticism directed against the operating system.
KEYWORDS
Ubuntu; Freedom; Legal analysis of the Constitution; Conversion; Equality

1 JY Mokgoro, ‘Ubuntu and the Law in South Af rica’ (1998) 1 PELJ 1.

2 JY Mokgoro, ‘Ubuntu and the Law in South Af rica’ (1998) 1 PELJ 1.
3 Constitution of the Republic of South Af rica,1996.
LIST OF ABBREVIATIONS AND ACRONYMS

Abbreviation/Acronym Meaning

SAC South African Constitution

J Judge

BCLR Butterworths Constitutional Law Reports

CL Common Law

PIE Prevention of Illegal Eviction from and unlawful

Ocuppation of Land Act of 1998

SA South Africa

ALR African Law Review

SACR South African Criminal Reports

TABLE OF CONTENTS

1.INTRODUCTION…………………………………………………………………….……1
1.1 Background………………………………………………………………………….......1
1.2 Problem statement……………………………………………………………………....1
1.3 Hypothesis……………………………………………………………………………….1
1.4 Research methodology…………………………………………………………………2
2. Ubuntu in the context of the South African law………………………………….….2
2.1 Definition of Ubuntu……………………………………………………………………..2
2.2 Ubuntu’s core ideals…………………………………………………………………….3
2.3 Restoration of Ubuntu……………………………………………………………….…..3
3. The value of Ubuntu in the Constitution………………………………………….3-5
4. Ubuntu being chastised……………………………………………………………...5-6
5. Ubuntu and Judicial views………………………………………………………….….6
5.1 S v Makwanyane…………………………………………………………………...…6-7
5.2 Port Elizabeth Municipality v Various Occupiers……………………………………...7
6. Conclusion…………………………………………………………………………….....8
Bibliography………………………………………………………………………………….9
INTRODUCTION
As it was established in the Constitution, a lot of judicial decisions in the case laws
have arisen with concerns pertaining to human dignity, with the ultimate goal being
material equality.4 This case law illustrates how Ubuntu as an African notion routed
through the Constitution of which it aligns with its Western interpretation, which is
centered on dignity. Regarding the idea behind the term Ubuntu there are still a lot of
criticism and disagreements. There are several factors coming together, such as lack
of education in the culture, conveying difficulties, and the belief that a word's exact
name cannot be traced back to its origins of roots.5 This research report is intended to
be a reference and a reminder that one cannot simply deny the existence of a thought
or practice, regardless of what one's sources may assert. The goal of this research
report is to demonstrate that over time there has been a noticeable change in the
discourse within the concept of Ubuntu. Furthermore, it is moderately changing or
rather shifting away from the idea's of speculative and intellectual confusion and
towards the transformative, practical possibilities it offers.6

1.1 Background to the research problem

A lot of people criticize the concept of Ubuntu because they feel like it is inadequately
or overly ambiguously defined, with that been mentioned many cultures outside Africa
deny the existence of Ubuntu.7 The historical interpretation of Indigenous law via the
legal lens serves to support this stance even more. It's important to bare in mind that
there are mottos from Africa that, if accurately interpreted and comprehended, may
offer insightful perspectives on Ubuntu. Ubuntu’s ideals in other countries are used as
rights that protect them from the suppression, cruelty, and abuses of their despotic
overlords.

1.2 Problem statement

The motive of this research report is to firstly, define the concept of Ubuntu, and it's
place in the south african judicial system. Thereafter, I will discuss how the term ubuntu
is implemented in our daily lives. I will further discuss the criticism behind the word
ubuntu. Lastly we will discuss how South african jury applies the term ubuntu when it
comes on deciding the cases.8 Given that the constitution places importance on
striking a balance between freedom and equality it is entrusted that the judges should
strive to reconcile these ideas within the Ubuntu framework of Africa.9

4 Constitution of the Republic of South Af rica, 1996.

5 JY Mokgoro, ‘Ubuntu and the Law in South Af rica’ (1998).
6 JY Mokgoto, ‘Ubuntu and the Law in South Af rica’ (1998).
7 SD Kamga, ‘Cultural Values as A Source of Law: Emerging Trends of Ubuntu Jurisprudence in
South Af rica’ (2018) 18 AHRLJ 625.
8 JY Mokgoro, ‘ Ubuntu and the Law in South Af rica’ (1998).
9 Constitution of the Republic of South Af rica, 1996.

1
1.3 Hypothesis
Ubuntu is a concept that has alot of arguments and assumptions in that case, this
research report will give a better understanding of that. Ubuntu is a broad concept in
which it is even evident in the South African Justice system and it is practised
everyday considering how people treat and behave towards one another, with that
have been said, ubuntu is the only way of life. This research report provides
background information for understanding the Ubuntu ideology and outlines as the
primary points of view and fundamental hypotheses of the study. Once the definition
of Ubuntu as an African ideology of life is established, my research report explores if
there is a theory that is individually and exclusively African. The objective of South
African Ubuntu related case law is to ascertain whether the justices of the
Constitutional Court have successfully advanced the Ubuntu ideal.

1.4 Research Methodology

In this research report, literature and legal precedents pertaining to African philosophy
are critically evaluated and analyzed using desktop research. It is theoretically argued
that judges may build upon and apply the African notion of ubuntu while interpreting
the law. For this research report, a number of documents such as primary and
secondary sources were consulted.

2. Ubuntu in the context of South African Law

2.1 Definition of Ubuntu
Ubuntu is a Nguni word which is mostly used in Southern Africa of which it has a lot
definitions and how people see it.10 Ubuntu’s main aim is to actually seize what is like
being a human or rather how to act as human being from the goodness of your heart.
Ubuntu is a concept of life that stands for individuality, humanism, and humaneness. 11
The actual meaning of Ubuntu is what makes a person a human, encompassing both
a person's admirable and inferior qualities.12
Moreover, Ubuntu serves as a cornerstone for core values that influence people’s
beliefs and behaviours towards each other and other individuals they encounter. 13 The
human experience of treating others with respect is one of Ubuntu's characteristics or
values. Other characteristics include humanness, which is defined as treating and
respecting others as fellow humans and as universal brotherhood and sharing; a
lifetyles that has a positive impacts the welfare of individuals, the society; and a non-
racial theory suitable to all people as human beings.14

10 Mokgoro, ‘Ubuntu and the Law in South Af rica’.

11 Mokgoro, ‘Ubuntu and the Law in South Af rica’.
12 Mokgoro, ‘Ubuntu and the Law in South Af rica’.
13 Mokgoro, ‘Ubuntu and the Law in South Af rica’.
14 Mokgoro, ‘Ubuntu and the Law in South Af rica’.

2
2.2 Ubuntu's core ideals
Regarding the Ubuntu principle, it makes no difference how old you are; everyone
should be treated with respect and dignity 15. In the context of Ubuntu, being living or
dead makes no difference; at a funeral, for example, individuals are expected to drop
what they're doing in order to assist the deceased's family; this demonstrates Ubuntu
and pays respect to the departed.16 The presentation of Ubuntu as a value theory often
involves referencing a set of claims that are commonly acknowledged in several
African cultures.17 It is difficult to characterize this widespread acceptance of these
ideas as largely African, as was discussed in the preceding section. Particular
civilizations do not fully comprehend particular values because they have not
historically had the opportunity to come into contact with the objects that best
represent those values.18 Particular cultural members may be aware of particular
values, but this awareness may keep them from understanding them to the fullest
extent possible.

2.3 Restoration of Ubuntu

Section 32 and 33 of the Constitution 19 highlights the separately influenced decisions
that are another component of Ubuntu that falls within the larger legally binding
structure. The essentials tenet of this concept is that It’s decision are reached by
common ground as opposed to majority vote. In this case, the primary goal is to take
the minority’s perspectives into account. Additionally, the governing bodies’ decision
have to be clear and accessible. Additionally, the Constitution stated two concepts of
which it is entitlement to judicial administration and the right to state information they
serve as the pillars of an accountable and transparent government.20
One of Ubuntu's characteristics is its method of reacting to conflicts or retaliation. It
puts a focus on tolerance. Being vengeful doesn’t help either, moreover being taught
from a tender age not redress even if you are harmed in anyway redirects to tolerance.
The spirit of Ubuntu in this case places a focus on rehabilitation and compassion for
offenders, aggregate the virtue of non-vengeance.
3. The value of Ubuntu in the Constitution
According Yvonne Mokgoro, the idea behind the term Ubuntu from conventional
jurisprudence has been integrated into the Interim Constitution. 21 The general
framework for the political factors transformation of South Africa was established by
the Interim Constitution. With the adoption of that constitution, a historic connection
was made between the history of a sharply divided country characterized by war,
hardship, injustice, and suffering, and the present, which recognized the right to

15 S Netshitomboni, ‘Ubuntu: Fundamental Constitutional Value and Interpretive AID’ [1998].

16 S Netshitomboni, ‘Ubuntu: Fundamental Constitutional Value and Interpretive AID’ [1998].
17 J Van Niekerk, ‘Ubuntu and Moral Value’ [2013].
18 J Van Niekerk, ‘Ubuntu and Moral Value’ [2013].
19 Constitution of the Republic of South Af rica, 1996.
20 Constitution of the Republic of South Af rica, 1996.
21 Mokgoro, ‘Ubuntu and the Law in South Af rica’.

3
peaceful harmony of living together for all South Africans.22 It is further stated in the
Interim Constitution that it concurred the understanding, not reciprocating, is what is
needed in response to historical injustices also retaliation is not necessary more than
restitution. Additionally, rather than emphasizing victimhood, the constitution
acknowledged the value of Ubuntu.23
It was stated in the Interim Constitution that for South African citizens to be able to
benefit and operate their essential rights and freedoms, it declared that a new order
must be established. Furthermore, is it stated that the new order would grant all the
citizens of Southern Africa the right to a common South African citizenship, with
equality for both males and females as well as individuals of all races.24 Having to
unite the nation, the Interim Constitution combined the social and political factors in
order to create a system that has a single citizenship, of which everyone will enjoy and
operate their fundamental rights and freedoms. Furthermore, when crime that is violent
is on the peak, the concerned citizens denounce not only the demise of Ubuntu but
also the lenient nature of constitutionalism and the idea of rights protection. 25
Mokgoro further said that conversely, a new state of disorder was not established by
the Interim Constitution due to absence of authority in society where people can freely
use their rights and liberties while treating others with complete disdain. 26 With that
have been said, prescriptive beliefs within which rights and liberties are to be asserted
and exercised is established by the core ideas of the Interim Constitution in all asoects,
as well as the distinctly identifiable values found in the preamble and postscript. 27 After
years of victimization and subduing, these guiding principles seek to create a
harmonious coexistence, notwithstanding the possibility of instability associated with
the protection of rights and freedoms. It was made clear in the preparatory statement
that victimization was not necessary but ubuntu was.
Hence ubuntu plays a role, in the set of values described by the Interim Constitution.28
When it comes to exercising and experiencing rights and freedoms the Interim
Constitution does not endorse a system where these rights are claimed and enjoyed
without considering the corresponding rights of others.29
It was negotiated on that the fundamental tenets of the Interim Constitution, which
emerged from a formal agreement reached by negotiators stipulated that the future
Constitution will follow the Interim Constitution's lead.30 Like the previous one, the new
Constitution is supreme law of the land and has a deeply ingrained Bill of Rights, which
section 7(1) refers to as who governs South Africa.31 One may conted that the core
tenets of the democracy outlined in this Constitution are treatment, for the whole
advancement of liberties and rights for humans and a multiparty system to ensure
22 Mokgoro, ‘Ubuntu and the Law in South Af rica’.
23 Mokgoro, ‘Ubuntu and the Law in South Af rica’.
24 Mokgoro, ‘Ubuntu and the Law in South Af rica’.
25 Mokgoro, ‘Ubuntu and the Law in South Af rica’.
26 Mokgoro, ‘Ubuntu and the Law in South Af rica’.
27 Mokgoro, ‘Ubuntu and the Law in South Af rica’.
28 Constitution of the Republic of South Af rica Act 200 of 1993.
29 Constitution of the Republic of South Af rica Act 200 of 1993.
30 Mokgoro, ‘Ubuntu and the Law in South Af rica’.
31 Mokgoro, ‘Ubuntu and the Law in South Af rica’.

4
accountability, receptiveness and transparency along with adherence, to the rule of
law.
Furthermore, the Ubuntu ideas of group collaboration and collective oneness may be
transformed into the spirit of national unity that the new South African society
requires.32 When it comes solidarity, uniformity, and togetherness, Ubuntu comes first
and may certainly be used to cultivate a new sense of independence and self-
representation, both of which are crucial to the development of a developing
democracy.33 Finding several comparable survival issues is not hard in that the act
itself raises due to constitutional objections. In light of this, the legal modification might
use the ubuntu spirit to create workable answers to the goals of constitutionalism. As
of right now, it seems that Ubuntu can make a big difference in the development of
accommodating legal frameworks. This is true whether Ubuntu is used to apply a
particular worth, inclination, approach, or plan of action, or to promote the values of
the Constitution by transforming these principles into more recognizable Ubuntu ethics
and behaviors.34

4. Ubuntu being chastised

In most cases the critics contend that the word "Ubuntu" is too vague or nonspecific,
allowing for a variety of meanings. This criticism has been voiced both inside and
outside the legal profession.35 Another criticism states that the definition of Ubuntu in
Makwanyane by the constitutional court is "by and large" illogical and do not have a
"self-evident meaning." Some question whether ubuntu should be used in a modern
setting of political system since they think it is only an African kind of communalism.36
In Makwanyane case, it was quoted that the US Supreme Court in Furman v. Georgia,
a society that " wishes to prevent crime rather than execute offenders in order to get
revenge" is what Justice Brennan advocated for and he further said South African
society needs to live up to this demand in order to demonstrate the true meaning of
Ubuntu.37
The idea that Ubuntu is associated with "public morality" compromising the protection
of minority rights generally and the Bill of Rights specifically, is the subject of additional
criticism. English claims that the definitions of Ubuntu given in the Makwanyane
case show a relationship between the idea of the term Ubuntu and following the
standards and conventions of the majority.38 There have been a number of objections
raised to the idea of the term Ubuntu as a legal term, including questions of inclusion,
ambiguity, and repetition.39

32 TW Bennett, Ubuntu: An African Jurisprudence (Juta 2018).

33 Mokgoro, ‘Ubuntu and the Law in South Af rica’.
34 Mokgoro, ‘Ubuntu and the Law in South Af rica’.
35 C Himonga, M Taylor and A Pope, ‘Ref lections on Judicial Views of Ubuntu’ (2013) PELJ 67.
36 C Himonga, M Taylor and A Pope, ‘Ref lections on Judicial Views of Ubuntu’ (2013) PELJ 67.
37 C Himonga, M Taylor and A Pope, ‘Ref lections on Judicial Views of Ubuntu’ (2013) PELJ 67.
38 C Himonga, M Taylor and A Pope, ‘Ref lections on Judicial Views of Ubuntu’ (2013) PELJ 67.
39 TW Bennett, Ubuntu: An African Jurisprudence (Juta 2018).

5
5. Ubuntu and Judicial views
5.1 S v Makwanyane
The African traditional value of ubuntu was recognized by the Constitutional Court as
one of the guiding principles of the Constitution when it came to the subject of criminal
punishment in S v. Makwanyane.40 The best-known case to illustrate Ubuntu as a legal
idea is S v. Makwanyane, whereby the Constitutional Court held in a majority decision
that the death sentence was unconstitutional.41 Seventeen years later, the key tenets
of the successive development of the Ubuntu understanding may be linked to the
findings in this ruling. The next portion within this part focuses on various aspects of
Ubuntu that have been determined and discussed by the Makwanyane Constitutional
Court judges42
The death punishment was ruled unconstitutional in this case for a variety of grounds,
including a lack of solidarity, compassion, and dignity. In this important ruling, Langa
and Mokgoro emphasized that Ubuntu is a culture that embodies humanity and
morality that emphasizes community, self-determination, togetherness, respect,
commitment to core principles, and group unity.43 Moreover, it has similarities to
collective obligation, joint accountability, and the mutual exercise of rights by
everyone. While the judges mentioned in the case did not address Ubuntu or conclude
that the death punishment was inherently inconsistent with South African culture, the
judges mentioned in the case emphasized its features, which contributed significantly
to the elimination of the death penalty.44 The death penalty is against the principles of
compassion, love, caring for one another, and, most importantly, dignity. In his
analysis of Ubuntu's place in South African law, Malan points out that "S v.
Makwanyane was the first case in which Ubuntu featured prominently." Ubuntu was
not mentioned in the main opinion and was not considered by all of the judges, but its
significance in arriving at the decision cannot be understated. 45
As demonstrated in Makwanyane, Ubuntu's status as a constitutional value suggests
that it is an inherently normative idea. Similar to several other ethically intricate
constitutional notions like as fairness, liberty, self-worth, cruelty, inhumanity, and so
on, the definitional concerns surrounding Ubuntu are intrinsically linked to moral
matters.46 The idea that a "foreign language" cannot conduct appropriate Ubuntu
discussion is called into question by this truism. Encouraging excellent comprehension
of complicated topics is challenging in any language.47 We think the objective is to
strive toward a broadly agreed definition of Ubuntu so that people can talk about how
to comprehend the Bill of Rights and other features of a society that is democratic

40 S v Makwanyane and another 1995 (6) BCLR 665 (66).

41 Himonga, Taylor and Pope, ‘Ref lections on Judicial Views of Ubuntu’.
42 Himonga, Taylor and Pope, ‘Ref lections on Judicial Views of Ubuntu’.
43 Kamga, ‘Cultural Values as A Source of Law: Emerging Trends of Ubuntu Jurisprudence in
South Af rica’.
44 Kamga, ‘Cultural Values as A Source of Law: Emerging Trends of Ubuntu Jurisprudence in
South Af rica’.
45 Kamga, ‘Cultural Values as A Source of Law: Emerging Trends of Ubuntu Jurisprudence in
South Af rica’.
46 Himonga, Taylor and Pope, ‘Ref lections on Judicial Views of Ubuntu’.
47 Himonga, Taylor and Pope, ‘Ref lections on Judicial Views of Ubuntu’.

6
based on liberty, equality, and dignity. Because of this, the judiciary naturally tries to
clarify ubuntu when using it as a constitutional value so that its normative relevance is
more apparent for the particular situation. Determining the values a concept is
associated with is the first step in explaining its "meaning", lastly, Its nature is not
limited to being descriptive.48

5.2 Port Elizabeth Municipality v Various Occupiers

The example of eviction might also demonstrate the importance of Ubuntu. The Port
Elizabeth Municipality v. Various Occupiers case (PIE) was based on the Prevention
of Illegal Evictions and Unlawful Occupation of Land Act. 49 This statute protects
homeless people who reside on private property from being evicted. In this instance,
a petition with 1,600 signatures was submitted to the Municipality in support of the
removal of unlawful squatters and requested an eviction order against 68 individuals
who had constructed shacks on private land inside the municipality. 50 Due to this
dependence on Ubuntu, the concept of meaningful engagement that motivates
disputants to establish connections, have meaningful conversations, and identify
appropriate solutions to issues that arise.51 In the Olivia Road case, the City of
Johannesburg was asked to meaningfully engage with a number of individuals who
were illegally occupying unsafe buildings in order to address the concerns expressed
in the application while taking into account the principles of the Constitution, the
statutory and constitutional requirements of the municipality, and the rights and
responsibilities of the impacted individuals. This was the first instance of meaningful
engagement in action.52
After being applied in a number of cases—most notably those pertaining to the right
to education—the concept of meaningful engagement has now gained institutional
status.53 It also makes it possible for the Court to interpret the law with more
understanding and compassion. This approach is similar to the Ubuntu theology,
which is closely associated with the essence of the Constitution .54 In his plea for the
"insertion of a touch of kindness and mercy into the legal system's formal framework,"
as well as the ongoing reminder of human interdependence, Sachs J. articulates this
link.55

48 Himonga, Taylor and Pope, ‘Ref lections on Judicial Views of Ubuntu’.

49 Prevention of Illegal Evictions f rom Unlawf ul Occupations of Land Act 19 of 1998.
50 Port Elizabeth Municipal v Various Occupiers (2005) 1 SA 217 (CC).
51 Port Elizabeth Municipal v Various Occupiers (2005) 1 SA 217 (CC).
52 Kamga, ‘Cultural Values as A Source of Law: Emerging Trends of Ubuntu Jurisprudence in
South Af rica’.
53 Himonga, Taylor and Pope, ‘Ref lections on Judicial Views of Ubuntu’.
54 Kamga, ‘Cultural Values as A Source of Law: Emerging Trends of Ubuntu Jurisprudence in
South Af rica’.
55 Himonga, Taylor and Pope, ‘Ref lections on Judicial Views of Ubuntu’.

7
6. Conclusion
It ought to be evident that Ubuntu may be applied in practically every legal situation.
There are several uses for this idea because it is sufficiently broad. 56 Judges have
found it easier to apply Ubuntu to new areas of law because of its reputation as a
"golden thread" and "shared value running through cultural lines" in South African
society. Since the concept is thought to infiltrate the whole constitutional system, we
can surely expect its steadily growing sphere of applicability to continue. 57.
The concepts of compassion and ubuntu offer a distinction between economic liberty
and unbridled individualism. These days there is a focus, on our interconnectedness.58
Solidarity implies that the government has a responsibility to provide protection for its
citizens against the uncertainties of life although the level of commitment may vary.
Some argue that the term "Ubuntu" carries a significance that's deeply rooted, in our
nations turbulent history and ongoing development.59 Therefore our courts can
interpret this concept in a manner that aligns with values. South Africa takes pride in
its cultures and values which should accurately reflect the desires, rights, and legal
principles of the individuals they aim to affect.60

56 Himonga, Taylor and Pope, ‘Ref lections on Judicial Views of Ubuntu’.

57 Himonga, Taylor and Pope, ‘Ref lections on Judicial Views of Ubuntu’.
58 Himonga, Taylor and Pope, ‘Ref lections on Judicial Views of Ubuntu’.
59 Himonga, Taylor and Pope, ‘Ref lections on Judicial Views of Ubuntu’.
60 Himonga, Taylor and Pope, ‘Ref lections on Judicial Views of Ubuntu’.

8
BIBLIOGRAPHY
Books
Bennett, Ubuntu: An African Jurisprudence
Bennett TW, Ubuntu: An African Jurisprudence (Juta 2018)

Journal Article
Himonga, Taylor and Pope, ‘Reflections on Judicial Views of Ubuntu’
Himonga C, Taylor M and Pope A, ‘Reflections on Judicial Views of Ubuntu’
(2013) PELJ 67

Kamga, ‘Cultural Values as a Source of Law: Emerging Trends of Ubuntu

Jurisprudence in South Africa’
Kamga SD, ‘Cultural Values as a Source of Law: Emerging Trends of Ubuntu
Jurisprudence in South Africa’ (2018) 18 AHRLJ 625

Mokgoro, ‘Ubuntu and the Law in South Africa’

Mokgoro JY, ‘Ubuntu and the Law in South Africa’ (1998) 1 PELJ 1

Van Niekerk, ‘Ubuntu and Moral Value’

Van Niekerk J, ‘Ubuntu and Moral Value’ [2013]

Netshitomboni, ‘Ubuntu: Fundamental Constitutional Value and interpretive AID’

Netshitomboni S, ‘Ubuntu: Fundamental Constitutional Value and interpretive
AID’ [1998]

Legislation
Constitution of the Republic of South Africa, 1996
Constitution of the Republic of South Africa Act 200 of 1993
Prevention of Illegal Evictions from and Unlawful Occupations of Land Act 19 of 1998

Cases
S v Makwanyane and Another 1995 (6) BCLR 665 (66)
Port Elizabeth Municipality v Various Occupiers 2005 (1) SA 217 (CC)