LJU4801 ASSIGNMENT 2 MEMO - SEMESTER 1 - 2023 - UNISA - (DETAILED ESSAY WITH FOOTNOTES - DISTINCTION GUARANTEED)

LJU4801 ASSIGNMENT 2 MEMO - SEMESTER 1 - 2023 - UNISA - (DETAILED ESSAY WITH FOOTNOTES - DISTINCTION GUARANTEED) In 2011 the Constitutional Court heard the case of The citizen 1978 (Pfy) Ltd and Others v McBride (CCT 23/10) 2011 (4) SA 191 (CC). This was a defamation case brought by Robert McBride against the Citizen newspaper. He alleged that they had defamed him. The newspaper believed that the comments were covered by freedom of expression. In the course of his minority Judgment, Mogoeng J made the following remarks: [217] Botho or ubuntu is the embodiment of a set of values and moral principles which informed the peaceful co-existence of the African people in this country who espoused ubuntu based on, among other things, mutual respect. [218] Ubuntu gives expression to, among others, a biblical injunction that one should do unto others as he or she would have them do unto him or her. Question 1 In the first paragraph ubuntu is characterised as typically African. Write a brief essay in which you explain what ubuntu means and indicate whether you think the judge is right in his characterisation of ubuntu. (15) Question 2 In the second paragraph the Judge seems to equate ubuntu with Christianity and a "biblical injunction". Write a critical essay in which you explain the Christian (or Medieval) philosophy of Aquinas and then indicate whether you think this philosophy is the same as or comparable to the ideas of ubuntu that you referred to in your answer to question 1. (NB You should not repeat the information already contained in your answer to question 1). (25) [40]