Al-Qalam 
In the swirling angst against the orders of the SCA (Zuma’s medical parole and the CC (Janusz Walus release on Parole) I must stress on the importance of making the people understand and appreciate the Constitution and what it stands for, better.
There’s a third decision, also of the SCA regarding the issue of whether the Azaan, integral to and forming the bridge between Muslims in fulfilling the rights of fellow human and respecting the obligatory rights of Allah, should be effaced from the public space in terms of our local ordinance which hearkens to colonial times?
One insanely Islamophobe almost succeeded, almost, for now for certainly other assaults will follow. That is a product of intolerance between fundamentalists whose roots and alliance go back to Bharath India.
In the paraphrased words of the honourable retired Justice of the Indian Supreme Court of India, Justice Fali Nariman, fundamental Rights (Chapter 2 of our Constitution)’ consists of moral precepts and presides civic duties of citizens.’
Our primary fundamental duty is to abide by the Constitution, its institutions, the National Anthem and the National Flag.
Ever since the birth of our constitutional democracy, I have asked myself this question: how would I abide by the Constitution unless I know what the Constitution is to start with?
So isn’t some duty cast on the government of the day as well as our schools and media publishers, to educate SA in all the official languages so that the citizen is made aware as to what the Constitution is and what his or her rights are? It is important that these moral as well as ethical precepts are communicated to everybody and the manner of such communication should be that the government, through its communications division, should distribute, free of cost, copies of Our Constitution in the eleven prescribed languages so that every citizen knows what this basic document is and what his rights and duties are.
To paraphrase Retired Justice Nariman, the Constitution tells us that one must, for example, uphold the sovereignty and unity of the Nation. This, he adds, requires the knowledge of the struggle that our freedom fighters had and an appreciation of what they did. Again how do you appreciate what they did unless you know what they did? The same thing that goes for spreading the awareness of the Constitution goes for this as well.
Our Constitution, people need to be educated about, is people-centric and rights-anchored. It luxuriates with the best of principles that of ubuntu. All three judgments command us to break down the barriers built through fear and distrust.
It was that lack of education that saw the TRC crash dive in flames or, aborts the foetus that had the promise of a ‘rainbow nation’.
It is we, the people as the preamble proclaims who are entrusted to develop our nation. We must educate ourselves about this. It is a sacred duty, let alone an obligation to make people understand the Constitution better. The youth and the elderly of all shades of colour, caste and creed need to embraced the baseline grundnorm in terms of freedom, equality and human dignity which are the seamless binding of our Constitution. We, all of us, must put down this paper and engage. We have to take part in more discussions and debates regarding the Constitution and every South African, must be aware of the sacrifices of those who gave up their lives and their freedom, for the fruits of their sacrifice to bear fruit.
“We the people” is a call, a pledge, an act of commitment, and of faith. This is the core of our system and which enriches the mother of democracy. To keep citizens happy and to behave amicably should be the role of the governing authority and the Bill of Rights lies at its heart.
If people let their emotions rule and override the very principles that are enshrined in our Constitution we become the architects of our calamity.
Saber Ahmed Jazbhay
Constitutional Lawyer
Durban
