QUESTION 1
Empirical research is also called quantitative research. It refers to a process in
terms of which data is collected and analysed. For the sake of completeness,
the term “data” is generally used in scientific research for numeric or verbal
information that is collected during the research process. Thus, data assist in
ensuring that a specific process or methodology that is best suited to
investigate the topic is followed.1
QUESTION 2
The notion of Ubuntu was first highlighted in South Africa's interim
Constitution when it included an historic post-amble entitled "National Unity
and Reconciliation", which declared: The adoption of this Constitution lays the
secure foundation for the people of South Africa to transcend the divisions
and strife of the past, which generated gross violations of human rights, the
transgression of humanitarian principles in violent conflicts and a legacy of
hatred, fear, guilt and revenge. These can now be addressed on the basis
that 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 victimisation.
This provision was historic at least partly because, for the first time in South
Africa's modern history, a traditional African concept of ubuntu was
incorporated in the state's official law. South Africa's 1996 Constitution made
no express mention of ubuntu but did recognise customary law "subject to the
Constitution", requiring courts to apply customary law "when that law is
applicable, subject to the Constitution and any legislation that specifically
deals with customary law".2
While it is obvious that ubuntu and customary law are not synonymous, it
ought to be equally obvious that, as a fundamental value that informs the
regulation of African interpersonal relations and dispute resolution, ubuntu is
inherent to customary law.3 The adoption of this Constitution lays the secure
1
Tut 501 33
2
Section 211(3) of the Constitution of the Republic of South Africa, 1996.
3
Constitution of the Republic of South Africa Act 200 of 1993.
Empirical research is also called quantitative research. It refers to a process in
terms of which data is collected and analysed. For the sake of completeness,
the term “data” is generally used in scientific research for numeric or verbal
information that is collected during the research process. Thus, data assist in
ensuring that a specific process or methodology that is best suited to
investigate the topic is followed.1
QUESTION 2
The notion of Ubuntu was first highlighted in South Africa's interim
Constitution when it included an historic post-amble entitled "National Unity
and Reconciliation", which declared: The adoption of this Constitution lays the
secure foundation for the people of South Africa to transcend the divisions
and strife of the past, which generated gross violations of human rights, the
transgression of humanitarian principles in violent conflicts and a legacy of
hatred, fear, guilt and revenge. These can now be addressed on the basis
that 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 victimisation.
This provision was historic at least partly because, for the first time in South
Africa's modern history, a traditional African concept of ubuntu was
incorporated in the state's official law. South Africa's 1996 Constitution made
no express mention of ubuntu but did recognise customary law "subject to the
Constitution", requiring courts to apply customary law "when that law is
applicable, subject to the Constitution and any legislation that specifically
deals with customary law".2
While it is obvious that ubuntu and customary law are not synonymous, it
ought to be equally obvious that, as a fundamental value that informs the
regulation of African interpersonal relations and dispute resolution, ubuntu is
inherent to customary law.3 The adoption of this Constitution lays the secure
1
Tut 501 33
2
Section 211(3) of the Constitution of the Republic of South Africa, 1996.
3
Constitution of the Republic of South Africa Act 200 of 1993.
