The Relevance of African Jurisprudence and Ubuntu in Uganda

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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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The Relevance of African Jurisprudence and Ubuntu in Uganda

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