Ubuntu: Makgoro

o The new constitution in South Africa, much like the concept of freedom, faces
skepticism. Critics often blame the prevalence of crime on the perceived
permissiveness of the Constitution and its Bill of Rights, lamenting the lack of ubuntu
in society.
o I believe it's our duty as patriots to ensure that our Constitution and the principles of
respecting human rights and dignity are always upheld and respected, preventing them
from losing their reputation or credibility.
o I want to show how ironic it is that when people complain about the lack of ubuntu
values in society, they often blame the Constitution for emphasizing human rights.
Yet, these are the exact values the Constitution, especially the Bill of Rights, aims to
promote.
o Secondly, in light of the growing global interest in an African renaissance, I aim to
show how traditional African values like ubuntu can shape the evolution of South
African law and legal principles. Consider this contribution as part of the ongoing
discussions about revitalizing African jurisprudence within the broader context of the
African renaissance.

The concept of ubuntu and the social values it represents

o The idea of ubuntu, like many African concepts, isn't easily explained. Trying to
define it in a foreign language and from an abstract perspective goes against the
core of the African worldview and is challenging. Instead of trying to precisely
define it, I'll share some perspectives on it. Ubuntu is often understood through
experience rather than a strict definition. It's seen as a guiding principle in African
societies, shaping how people behave socially.
o Ubuntu is often seen as a philosophy of life, embodying concepts like personhood,
humanity, and morality. It's a metaphor for group solidarity, particularly in
communities with limited resources, where the belief is that a person's identity is
shaped by others. This leads to behaviors focused on the group's survival rather
than individualism. Essentially, it's a humanistic approach to how we interact with
others, where "motho ke motho ba batho ba bangwe/umuntu ngumuntu ngabantu"
- a person can only be a person through others - is a fundamental belief.

Kunene,however, warns against a superficial perception of the concept:

o it's insufficient to view ubuntuism just as a social ideology. Ubuntu goes beyond
merely distinguishing between humans and beasts ; it also defines the varying levels
of humanity within humans themselves. That's why we see it as the essence of human
potential.
o According to him, human potential can vary greatly throughout one's life, from the
lowest to the highest levels, maintaining a balance between the physical and spiritual
aspects of life. This balance is achieved through close and supportive social
connections within the community, as expressed in the concept "umuntu ngumuntu
 ngabantu/motho ke motho ka batho ba bangwe." This suggests that individuals are
constantly challenged by others to fulfill themselves through shared social values.
Because the African worldview is complex and dynamic, any attempt to define it
would oversimplify a broader, more flexible, and inclusive concept.
o The concept of ubuntu is clearer when we talk about its social value. This means
things like people coming together, being kind and respectful, and treating everyone
with dignity. Different people see ubuntu in different ways depending on how they
use it. Some think it's about being cooperative and caring for others. In the past,
traditional African societies liked ubuntu because it helped keep things in order. But
now, with changes over time, some of those old ways are being questioned, and that
makes sense.
o Ali Mazrui points out that Africa cannot fully return to its pre-colonial state, but
there's potential in reconnecting with modernization using indigenous influences.
However, we've often seen that integrating Western ideas, institutions, and culture
into African societies hasn't worked well. Mazrui suggests this might be due to a gap
between new structures and old values, between foreign institutions and traditional
customs. If we cannot revert to the past, how do we bridge this gap to address current
constitutional challenges faced by South African lawyers?

Ubuntu and South African law

o Although South Africa embraces various cultures, indigenous law hasn't been widely
integrated into its legal system. While some progress was made with laws like the
Special Courts for Blacks Abolition Act 34 of 1986 and the Law of Evidence
Amendment Act 4 of 1988, which allowed mainstream courts to consider indigenous
law, little has changed. However, certain values of ubuntu, like dignity and respect,
are shared across South Africa's cultures. Yet, the unique methods and approaches of
ubuntu are distinctly (clearly) African. There's now a growing need to blend these
traditional African values with modern legal concepts to create a fair legal system for
all South Africans. Ensuring inclusivity is vital for strengthening the legitimacy of
jurisprudence in handling the challenges of constitutionalism. This opens up
opportunities for reforming the law. By prioritizing key socio-legal issues and using
effective research methods, we can find practical solutions. This approach is part of a
new strategy for managing jurisprudence.

Ubuntu and the Constitution