UBuntu and the law in South Africa

Abstract

The concept of ubuntu, like many concepts, is not easily defined. Defining an African notion in a foreign language and from an abstract, as opposed to a concrete approach, defies the very essence of the African worldview and may also be particularly elusive. Therefore, I will not attempt to define the concept with precision - that task is unattainable. In one's own experience, it is one of those things that you know when you see it. Therefore, like many who have written on the subject, I will put forward some views that relate to the concept itself. However, I can never claim the last word. I intend to put forward some thought-provoking ideas on ubuntu and its relation to South African law in general, the South African Constitution, and customary law in particular, as a way to initiate debate for ubuntu-ism in a new jurisprudence for South Africa.