Academic Prof Shadrack Gutto argues that some experienced judges in the country do not have a comprehensive
understanding of constitutionalism. During a discussion with the Black Lawyers' Association student members at Unisa he explained, that the constitution determine 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. He stressed that graduates must therefore have a proper understanding of the constitution.
"Judicial clerks should not just argue in court, but should have an intricate understanding of what they are arguing about," he was quoted as saying by The Star. Gutto, who is the director of Unisa's Institute for African Renaissance Studies, said constitutionalism was easily used and misused, and that few knew how it affected citizens. "Understanding constitutionalism and constitutional law is very important to understand the entire constitution." "We need serious thinking and holistic understanding of the constitution, not judges who don't understand it at all," he said.