Ubuntu: An African Equity

Abstract

In this paper the uses of ubuntu in constitutional law, criminal law, administrative law, the law of property, family law, delict and contract are investigated. Furthermore the theoretical objections to the use of ubuntu are stated and responded to. It is found that ubuntu provides the South African courts with a metanorm similar to the English notion of equity and that it is being deployed to give voice to something distinctively African. It promises to lay the foundations for a cohesive, plural, South African legal culture", characterised by notions such as reconciliation, sharing, compassion, civility, responsibility, trust and harmony.