04/05/2013 Deputy minister of justice and Andries Nel and Prof Shadrack Gutto during the Black Lawyers Association Student Chapter at held at Unisa. Picture: Phill Magakoe 04/05/2013 Deputy minister of justice and Andries Nel and Prof Shadrack Gutto during the Black Lawyers Association Student Chapter at held at Unisa. Picture: Phill Magakoe
Johannesburg - The director of the Institute for African Renaissance Studies at Unisa, Professor Shadrack Gutto, believes that even some experienced judges in the country don’t have a comprehensive understanding of constitutionalism.
Gutto was addressing a large group of law students from the Unisa chapter of the Black Lawyers Association at the weekend on the role of the judiciary in constitutional democracy.
Students from across the country listened as Gutto stressed that understanding constitutionalism is vital for the future of law in the country.
Gutto described constitutionalism as the translation of constitutional law and principles and the management of it, either in the judiciary or in other sectors of society.
He stressed the importance for graduates to have a proper understanding of the constitution.
“Judicial clerks should not just argue in court but should have a intricate understanding of what they are arguing about.”
Gutto said it was the interpretation of the constitution that determined whether justice would be done or not.
“An improper understanding of the constitution is the reason for the breakdown in governance in this country, and that is why people on the ground suffer while political fights as to who is superior rage on,” he said.
Gutto said constitutionalism, according to the constitution, is so easily used and misused but few know how it affects citizens.
“Understanding constitutionalism and constitutional law is very important to understanding the entire constitution.
“We need serious thinking and a holistic understanding of the constitution, not judges who don’t understand it at all,” he said.
Gutto briefly touched on the Marikana bloodbath, saying “not a single person has been arrested for the Marikana killings. Do you think we are doing enough? But let me not get on to that issue (Marikana).”
The Star