+27 680 77 9615
280 Oak Avenue, Randburg, Johannesburg, ZA
, +27 680 77 9615
280 Oak Avenue, Randburg, Johannesburg, ZA
LJU4801 ASS 1 SEM1 YEAR 2023
In 2011 the Constitutional Court heard the case of The citizen 1978 (Pfy) Ltd
and Others v McBride (CCT 23/10) 2011 (4) SA 191 (CC). This was a defamation
case brought by Robert McBride against the Citizen newspaper. He alleged
that they had defamed him. The newspaper believed that the comments were
covered by freedom of expression. In the course of his minority Judgment,
Mogoeng J made the following remarks:
[217] Botho or ubuntu is the embodiment of a set of values and moral
principles which informed the peaceful co-existence of the African people in
this country who espoused ubuntu based on, among other things, mutual
respect.
[218] Ubuntu gives expression to, among others, a biblical injunction that one
should do unto others as he or she would have them do unto him or her.
Question 1
In the first paragraph ubuntu is characterised as typically African. Write a brief
essay in which you explain what ubuntu means and indicate whether you think
the judge is right in his characterisation of ubuntu. (15)
Ubuntu is a concept that is often associated with African philosophy and is rooted in
the idea of interconnectedness and interdependence between people. The term
"ubuntu" is derived from the Zulu phrase "umuntu ngumuntu ngabantu," which
translates to "a person is a person through other people." This concept emphasizes
the importance of relationships, community, and empathy.1
The Court defined ubuntu as follows:
1
Mokgoro, Y. (1998) 'Ubuntu and the law', presented at the Symposium on African Jurisprudence:
The Struggle for Justice and Human Rights, University of Cape Town, Cape Town, South Africa, 12-
14 October.
280 Oak Avenue, Randburg, Johannesburg, ZA
, +27 680 77 9615
280 Oak Avenue, Randburg, Johannesburg, ZA
LJU4801 ASS 1 SEM1 YEAR 2023
In 2011 the Constitutional Court heard the case of The citizen 1978 (Pfy) Ltd
and Others v McBride (CCT 23/10) 2011 (4) SA 191 (CC). This was a defamation
case brought by Robert McBride against the Citizen newspaper. He alleged
that they had defamed him. The newspaper believed that the comments were
covered by freedom of expression. In the course of his minority Judgment,
Mogoeng J made the following remarks:
[217] Botho or ubuntu is the embodiment of a set of values and moral
principles which informed the peaceful co-existence of the African people in
this country who espoused ubuntu based on, among other things, mutual
respect.
[218] Ubuntu gives expression to, among others, a biblical injunction that one
should do unto others as he or she would have them do unto him or her.
Question 1
In the first paragraph ubuntu is characterised as typically African. Write a brief
essay in which you explain what ubuntu means and indicate whether you think
the judge is right in his characterisation of ubuntu. (15)
Ubuntu is a concept that is often associated with African philosophy and is rooted in
the idea of interconnectedness and interdependence between people. The term
"ubuntu" is derived from the Zulu phrase "umuntu ngumuntu ngabantu," which
translates to "a person is a person through other people." This concept emphasizes
the importance of relationships, community, and empathy.1
The Court defined ubuntu as follows:
1
Mokgoro, Y. (1998) 'Ubuntu and the law', presented at the Symposium on African Jurisprudence:
The Struggle for Justice and Human Rights, University of Cape Town, Cape Town, South Africa, 12-
14 October.
