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South African jurisprudence refers to the study and theory of South African law. Jurisprudence has been defined as "the study of general theoretical questions about the nature of laws and legal systems."[1]
It is a complex and evolving field that reflects the country's unique legal history and societal changes. It is grounded in a blend of Roman-Dutch law, English common law, and indigenous African customary law, all underpinned by the transformative Constitution of 1996.[2]
In the South African context, "Ubuntu" based Jurisprudence has been considered the foreground of the Human Rights discourse in the region, even prior to the European Enlightenment Period. [3]
^Johnson et al 1.
^ S v Makwanyane 1995 (3) SA 391 (CC).
^SD Kamga ‘Cultural values as a source of law: Emerging trends of ubuntu jurisprudence in
South Africa’ (2018) 18 African Human Rights Law Journal 625-649. pg 1.
and 28 Related for: South African jurisprudence information
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