Ubuntu and the South African Law of Contract with particular reference to the common law Contract of Employment
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Date
2022
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
University of the Western Cape
Abstract
The concept of ubuntu has exercised the minds of many philosophers and jurists in
recent times. This arises from the fact that the concept has many facets to it –
etymological, linguistic, ethical and juridical – all of which demand attention and
comprehension. Some commentators and jurists seem to assume that ubuntu is a
new, parochial, unnecessary addition to the South African constitutional and legal
lexicon. Their view is that ubuntu was introduced for the first time in 1994, by the
postamble to the Constitution of the Republic of South Africa Act 98 of 1993 (‘the
interim Constitution’). Another group opine that, not only is ubuntu a sub-Saharan
African concept, but that it is also the foundational value of the country's
constitutional framework.
Description
Doctor Legum - LLD
Keywords
Law of Contract, South Africa, Contract of Employment, Customary law, Equality