The Relevance of African Jurisprudence and Ubuntu in Uganda

Abstract

The postamble of the English text of the 1993 Constitution referred to “Ubuntu”; there is a need for understanding but not for vengeance, a need for reparation but not for retaliation, a need for Ubuntu but not for victimization. Ubuntuis an indigenous African concept and refers to a practical humanist disposition towards the world, including compassion, tolerance and fairness. (It is interesting to note that the African Charter on Human and Peoples’ Rights also includes a positive duty to tolerate.) The concept accords respect to human dignity and equality to any person irrespective of status in a communication sense. This notion was applied and explained by the South African constitutional court in a landmark case of S vMakwanyane1 ,whereby generally it was stated that;“Ubuntu translates as ‘humaneness’. In its most fundamental sense, it translates as ‘personhood’ and ‘morality’. While it envelops the key values of group solidarity, compassion, respect, human dignity, conformity to basic norms and collective unity, in its fundamental sense it denotes humanity and morality.” Its spirit emphasizes respect for human dignity, marking a shift from confrontation to conciliation.

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APA

Nyango, R. & Elvis, N (2024). The Relevance of African Jurisprudence and Ubuntu in Uganda. Afribary. Retrieved from https://afribary.com/works/ubuntu-by-nyango-reagan-elvis

MLA 8th

Nyango, Reagan Elvis, and Nyango Elvis "The Relevance of African Jurisprudence and Ubuntu in Uganda" Afribary. Afribary, 02 May. 2024, https://afribary.com/works/ubuntu-by-nyango-reagan-elvis. Accessed 22 May. 2024.

MLA7

Nyango, Reagan Elvis, and Nyango Elvis . "The Relevance of African Jurisprudence and Ubuntu in Uganda". Afribary, Afribary, 02 May. 2024. Web. 22 May. 2024. < https://afribary.com/works/ubuntu-by-nyango-reagan-elvis >.

Chicago

Nyango, Reagan Elvis and Elvis, Nyango . "The Relevance of African Jurisprudence and Ubuntu in Uganda" Afribary (2024). Accessed May 22, 2024. https://afribary.com/works/ubuntu-by-nyango-reagan-elvis