The Constitutional Court and ubuntu’s “inseparable trinity”

Abstract

The purpose of this article is to deconstruct the Constitutional Court’s definitions of ubuntu as humanness, group solidarity, umuntu ngumuntu ngabantu, personhood and a moral philosophy. It is submitted that the philosophy of ubuntu or ethnophilosophy represents a religious worldview as it is inseparable from African Religion and the African spirit world. It is argued that the advocating of ubuntu’s shared beliefs and values by South African courts and the state is to the detriment of other religious philosophies as it violates section 15(1) of the Constitution and constitutes unfair discrimination.