How can the principles of Ubuntu be applied in the criminal justice system to
ensure justice for victims?
Ubuntu is a South African expression word that means humanity to others. It is
written in our Constitution that we must treat each other with dignity, respect, and
equality. The South African criminal justice system must ensure that the perpetrator
is given a fair trial and judgement. There are many instances whereby cases are
reported but victims are often overlooked and not taken seriously so when criminals
get a chance to be in court for crimes accused it’s an act of ubuntu. Everyone is
equal before the court of the law therefore, a person is innocent until proven guilty.
Applying ubuntu to the victims through criminal justice can be challenging as the
judge have to look at the intentions and evidence supported. Everyone is treated
with respect and dignity while assuring that the victim is given justice.
Share an example of a case where you have experienced that the law can
contribute to a harmonious and peaceful society.
Hoffmann v South African Airways
It’s an important case as it was heard by the Constitutional Court. The refusal of
South African Airways (SAA) to hire Mr Hoffmann due to testing positive for HIV lead
him to challenge the matter in the court of law. He argued that he was unfairly
discriminated to his right to equality as he successfully completed the process of
selection. The South African Airways denied the charges by it’s for safety reasons as
the cabin crew needs to fit for the duties demanded. In addiction they also argued
that if they were to fly to epidemic countries they may need to get vaccinated the HIV
affected person may be in risk of contracting diseases and transmitting to other flight
attendants.
On his medical reports he argued that HIV is only transmitted to the next person by
exchange of fluids such as sexual intercourse, mother to child breastfeeding, the
infected mother during child birth or exposure to blood. The court ruled that
