International Journal of Arts and Humanities (IJAH)

ISSN 2415-122X (Online) , ISSN 2415-1491 (Print)

The Rights of South Africans to Life and to Strike: The Potential of Ubuntu Balance

the Scales

Abstract

This article deals with everyone’s fundamental rights to life and to strike. By taking cognisance of the fact that there is no agreed universal definition of traditional values of humankind; inherently subjective and specific to a certain place; or of their relationship to internationally recognised human rights, this article deliberates the value of Ubuntu; traditional African values; to balance the scale between the said rights in the South African context. It is however recognised that traditional values; human dignity, freedom and responsibility; can internationally play an important role to balance conflicting rights. Focus is firstly placed on these rights as guaranteed by the Constitution of the Republic of South Africa. Due to the complexity of human rights, these rights are secondly, together with the concept of Ubuntu, clarified. A clear link is then drawn between these two rights and the conflict that currently exists between them, demarcated. It became evident that the recent strikes in South Africa had negative consequences on the community at large and individuals’ right to life. Because of the sanctity of the right to life, the values identified by the Constitution and the similarities thereof with the spirit of Ubuntu; the potential of Ubuntu to counter imbalances is explored.

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