Title: Some thoughts on the ubuntu jurisprudence of the Constitutional Court : note
Abstract: 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) (hereinafter Khosa)), Port Elizabeth Municipality v Various Occupiers (2004 12 BCLR 1268 (CC) (hereinafter PE Municipality)) and Dikoko v Mokhatla (CCT62/05 (hereinafter Dikoko)) 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) (hereinafter Makwanyane)). 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.
Publication Year: 2007
Publication Date: 2007-01-01
Language: en
Type: article
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Cited By Count: 3
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