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f_0018733_16029 - Copy - T he Emerging Role of the...

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he Emerging Role of the Constitutional Value of Ubuntu for Informal Social Security in South Africa Clarence I. Tshoose …………………………… Abstract This paper explores the significance of the African value of ubuntu within the context of social protection. The paper argues that ubuntu as a constitutional value plays a crucial role in supporting the existence of informal social security in South Africa. It concludes by reflecting the overarching potential that the traditional African value has for influencing the social protection and enhancing family solidarity in the South African context. LL.B. (NWU), LL.M. (North West University, Mafikeng Campus). Lecturer, Department of Mercantile Law, School of Law, University of South Africa. This article is based on a paper presented to the Society of Law Teachers of Southern Africa at the University of KwaZulu-Natal, Pietermaritzburg on 13-16 July 2009. 2009 © The Africa Law Institute; all rights reserved. Cite as: 3 Afr. J. of Leg. Stud. (2009) 12-19. AJLS is a free peer-reviewed and interdisciplinary journal published by The Africa Law Institute. To download or comment on current articles, sign-up for future issues or submit a manuscript, please visit <http://www.africalawinstitute.org/ajls>. Each issue of the journal is also available to subscribed researchers throughout the world via CIAO Net, HeinOnline, Lexis-Nexis, ProQuest, Quicklaw and Westlaw. AJLS welcomes books for review and inquiries from scholars and experts wishing to serve on our consultative board. E-mail Charles Chernor Jalloh, Founding Editor-in-Chief, at [email protected] . T
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3 Afr. J. Leg. Stud. (2009) 12-19 -12- I. Introduction The object of this contribution is to discuss the salient role of the constitutional value of ubuntu for informal social security in South Africa. As a point of departure this paper demonstrates the link between ubuntu and community survival, in the African context. It also couches constitutional imperatives in terms of its foundational values, which are human dignity, the achievement of equality and the advancement of human rights and freedoms. 1 The paper acknowledges the aspiration of the Constitution, which aims to heal the divisions of the past, establish a society based on democratic values, social justice and fundamental human rights and to improve the quality of life of all citizens. 2 The South African Constitution provides that, when interpreting the right to have access to social assistance, 3 every court, tribunal or forum must promote the values that underlie an open and democratic society based on human dignity, equality and freedom. 4 The right of access to social security and social assistance for those who are unable to support themselves and their dependants is entrenched because South Africa is a society that values human beings and attempts to ensure that people are afforded their basic needs.
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