[LEGAL PHILOSOPHY ASSIGNMENT 2]

By

LISA PHUMUZILE NDLOVU

59106271

Submitted in partial fulfilment of the requirement for the degree

LLB

In the

DEPARTMENT OF

SCHOOL OF LAW

UNIVERSITY OF SOUTH AFRICA

SUPERVISOR
ADV: MOKOMANE

2023
 QUESTION 1

Write a brief essay in which you explain what ubuntu means and indicate whether
you think the judge is right in characterisation of ubuntu.

Ubuntu is an African concept which can be said does not have a definite
definition, this concept can rather be understood through its values which
encompasses, kindness, morality, respect for humanity, group solidarity,
harmony, and group centred individualism. This term is also defined in the
maxism umuntu ngumuntu ngabantu which translate to as a person is because
of other person.Judge Mokgoro in Sv Makwanyane,1

describes ubuntu as’’ ubuntu translates as humaneness, it expresses itself in the maxism umuntu
ngumuntu ngabantu which describes the need for group solidarity on survival of issues central to
the communities. It envelopes the key values of group solidarity, compassion, respect, human
dignity, conformity to basic norms and collective unity which denotes humanity and morality. 2

The concept of ubuntu focuses on harmony within the society, this means that
people work together with unity and togetherness, showing each other love and
kindness and compassion with the aim of archiving the same goal, hence the
saying umuntu ngumuntu ngabantu (I am a person because of other people), this
concept can also be seen in the notion no man is an island in that no man can
survive on their own they need others to live and actually archive their goals,
that’s societal need.

Ubuntu emphasises on mutual respect for others which means accepting each
other valuing others, appreciating what others contribute and accepting other
people’s differences, this can be seen in African communities as they have
respect for each other’s and accept other people’s differences. Respect for the
elderly is also a core value of ubuntu thus the younger generation is expected to
respect adults for a better co-existence this means that greeting the elderly even
those they meet in public, not talking back to the elderly or raising your voice at
them , bowing your head when they talk to you or kneeling down when serving

1 S v Makwanyane and another 1995 3 SA 391 par 308

2 Kroeze IJ, legal philosophy study guide, 2017, university of south Africa , pretoria. Hereinafter study guide
 food to them ,these are examples of showing respect through ubuntu in African
communities.

The concept of ubuntu is basically about being part of a community and being a
good person to that community understanding other people and being able to
help others in achieving their goals without expecting anything in return, its about
interdependence of everyone and co-existence amongst everyone hence the
saying umuntu ngumuntu ngabantu (I am a person because of other person).
This describes the component of communitarianism.

Ubuntu is also embodied with the value of being generous and helpful to those
in need,that is for example helping out family members who cannot provide for
themselves or lending a neighbour a hand when they need it, and thus without
expecting anything in return.

The other component of ubuntu finds its way in the maxism izandla ziyagezana
which translates to one hand washes another hand this means people in African
communities help each other with daily activities without expecting anything in
return. Examples can found in when community members come together to help
another community member in ploughing without getting any sought of payment
but rather share a meal afterwards which can be done for anyone in need of the
help.

The concept of ubuntu is not specifically incorporated in the constitution3 but

rather expressly used in its core values which can be found in s39 of the
constitution which states that the courts when interpreting the bill of rights, it must
be interpreted in line with an open and democratic society base on the values of
human dignity, equality and freedom.4

The judge characterises ubuntu as typical African and that it is embodied in the
set of values and moral principles which informed the peaceful co-existence of
the African people in the country who espoused ubuntu based on, among other

3 Constitution of the republic of south Africa. 1996, hereinafter the constitution.

4 Section 39 of the constitution.
 things mutual respect. In his characterisation of ubuntu I do agree with the judge
when he says ubuntu is African as in most African communities they live in co-
existence with others depending on each other on surviving and on daily needs,
ubuntu can be said to be all about communitariasm.

Question 2

Write a critical essay in which you explain the Christian philosophy of Aquinas
and then indicate whether you think this philosophy is the same or as comparable
to the ideas of ubuntu.

Thomas Aquinas is regarded as the most important natural law thinker of

medivals. Natural law thinkers argue that there are two set of realms that is the
metaphysical realm of the Christian God:

These can be explained as things that are not part of the physical world and cannot be touched
or seen, this does not mean they are made up. Their existence can only be know through our
brains by logic and reasoning for example justice, of which we know what it means and entails
but we cannot see nor touch it. 5

and the physical realm of human beings. They also believe that reality consist of
two parts, an eternal unchanging and universal part and a temporal changing
local part. Thomas Aquinas as a natural law thinker combined his ideas with that
of Aristotle and stats that human law that is not in accordance with natural law is
not law but distortion.6

Thomas Aquinas is of the view that there is a divine God and is the creator of the
universe and everything in it. God gave everything in his creation a meaningful
purpose and because the universe is the creation of God, all the parts of the
creation work towards a single harmony and the glorification of God. 7 This means
that the human race is part of a community in which they work together, towards
a same purpose and the glorification of God.

5 Study guide pg65

6 Aquinas summa theologica 2.1.90.2.
7 Study guide pg 73
The philosophy of Aquinas can be said to be comparable to the concept oof
Ubuntu in that the values/ beliefs of Ubuntu focuses on communitarism which is
a belief that people work together in archiving the same goal, this is also
mentioned in the philosophy of Aquinas.

Another similarity is the value of loving one another which can be found in
Christian values which preaches about loving our neighbour this is also found in
the values of Ubuntu which encourages taking care of our neighbours and
helping them when in need this can be found in the maxism( izandla ziyagezana).

Ubuntu also encourages conciliation rather than retaliation which is comparable

to the Christian values that condones revenge but rather encourages
forgiveness. Ubuntu also encourages respect for one another or mutual respect
this is also found in Christianity which encourages children to obey their parents
as this just before the Lord.
BIBLIOGRAPHY
Aquinas T Summa Theologica 2.1.90.2
Kroeze IJ,2017,Legal Philosophy Study guide, university of south Africa, Pretoria
Constitution of the Republic of South Africa, 1996