Once more uBuntu : a reply to Radebe and Phooko
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PER/PELJ
Abstract
This article is a critical engagement with the most recent
contribution to the debate on the nature and content of ubuntu.
The contribution (by Radebe and Phooko) attempts to provide
the concept of ubuntu with substantive content in order for the
concept to provide legal solutions for legal problems. This article
shows how this attempt largely fails for three reasons. In the first
place because some of the suggested rules are social/moral
rules that cannot be enforced by law. In the second place
because other rules are already contained in common law,
legislation or case law. In the third place the remaining rules are
arguably either unconstitutional or inappropriate in an open and
democratic society. The conclusion is that the suggested rules
are not appropriate in an open society.
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Kroeze, I.J. 2020. Once more uBuntu : a reply to Radebe and Phooko. Potchefstroomse elektroniese regsblad = Potchefstroom electronic law journal, 2019(22):1-22 [http://dx.doi.org/10.17159/1727-
3781/2020/v23i0a8048]