, LJU4801 Assignment 2 (COMPLETE ANSWERS) Semester 2 2025
– DUE September 2025;100% trusted ,comprehensive and complete
reliable solution with clear explanation
Table of Contents
1. Title
2. Introduction
3. Understanding Ubuntu in African Legal Philosophy
4. The Case of S v Makwanyane (1995)
o 4.1 Background of the case
o 4.2 Constitutional interpretation and Ubuntu
5. Ubuntu, Retribution, and Restorative Justice
6. The Philosophical Significance of the Judgment
7. The Judgment as Embodying an African Jurisprudence
8. Conclusion
9. Bibliography
“Ubuntu and the Abolition of the Death Penalty: The Philosophical
Legacy of S v Makwanyane”
Introduction
The abolition of the death penalty in South Africa in S v Makwanyane
(1995 (3) SA 391 (CC)) remains one of the most profound constitutional
moments in the country’s democratic transition. The judgment not only
rejected capital punishment as inconsistent with the values of dignity,
equality, and freedom but also situated Ubuntu as a guiding principle in
constitutional interpretation. Ubuntu, as an African legal philosophical
– DUE September 2025;100% trusted ,comprehensive and complete
reliable solution with clear explanation
Table of Contents
1. Title
2. Introduction
3. Understanding Ubuntu in African Legal Philosophy
4. The Case of S v Makwanyane (1995)
o 4.1 Background of the case
o 4.2 Constitutional interpretation and Ubuntu
5. Ubuntu, Retribution, and Restorative Justice
6. The Philosophical Significance of the Judgment
7. The Judgment as Embodying an African Jurisprudence
8. Conclusion
9. Bibliography
“Ubuntu and the Abolition of the Death Penalty: The Philosophical
Legacy of S v Makwanyane”
Introduction
The abolition of the death penalty in South Africa in S v Makwanyane
(1995 (3) SA 391 (CC)) remains one of the most profound constitutional
moments in the country’s democratic transition. The judgment not only
rejected capital punishment as inconsistent with the values of dignity,
equality, and freedom but also situated Ubuntu as a guiding principle in
constitutional interpretation. Ubuntu, as an African legal philosophical
