SOME THOUGHTS ON THE UBUNTU JURISPRUDENCE OF THE CONSTITUTIONAL COURT
DOI:
https://doi.org/10.17159/obiter.v28i3.13796Keywords:
ubuntu jurisprudence, belonging togetherAbstract
In this contribution I revisit the ubuntu jurisprudence of the South African Constitutional Court. After analysing the various critiques of the ubuntu reasoning of this court, I offer below a careful reading of three recent cases, namely Khosa v Minister of Social Development (2004 6 SA 505 (CC)), Port Elizabeth Municipality v Various Occupiers (2004 12 BCLR 1268 (CC)) and Dikoko v Mokhatla (CCT62/05) in order to decipher to some extent the Court’s vision of a constitutional community of “belonging together” post-Makwanyane (see S v Makwanyane 1995 3 SA 391 (CC)). In particular I explore the singular judgments of Justices Sachs and Mokgoro in order to illustrate how it is possible to assess their attempts to think the law and post-apartheid community differently as a reflection of something truly new.
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