The Constitutional Court has explicitly relied on the principles of ubuntu when adjudicating delictual matters. Ubuntu is a central concept in African philosophy that emphasizes the interconnectedness of humanity and the importance of human relationships and community. The Court has recognized ubuntu as a guiding principle in its approach to delictual liability, particularly in cases involving harm to human dignity and identity.
One notable example is the case of Khumalo v Holomisa, in which the Court considered the liability of a public figure for defamatory statements made about an individual. The Court held that the principles of ubuntu require individuals to respect the dignity and reputation of others, and that harm to these values is a harm to the community as a whole. The Court emphasized the importance of restorative justice and community reconciliation, rather than individual punishment, in resolving delictual disputes.
Another example is the case of Mkontwana v Nelson Mandela Metropolitan Municipality, in which the Court considered the liability of a municipality for damage caused to the property of a poor street vendor. The Court held that the principles of ubuntu require the state to take affirmative steps to protect the vulnerable and marginalized members of society, and that the municipality had a duty to provide a safe and secure environment for the street vendor to operate in. The Court emphasized the importance of social cohesion and community solidarity in promoting positive social and economic outcomes.
Overall, the Constitutional Court has relied on the principles of ubuntu to emphasize the importance of community values, relationships, and reconciliation in resolving delictual disputes. These principles have played an important role in advancing a more just and inclusive legal system in South Africa.
2 Write a brief note on how the Constitutional Court has relied on the principles of
ubuntu when adjudicating delictual matters.
1 answer