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The Centre for Constitutional Rights (CFCR) noted with much concern President Zuma's recent inference that the justice system, established in terms of the Constitution, was "the white man's way" for solving "African problems".

Addressing the National House of Traditional Leaders in Parliament, President Zuma remarked that traditional authorities had sufficient capacity to deal with legal matters affecting people under their jurisdiction and that African problems should apparently be "solved" by means not "influenced by other cultures" who "think the lawyers are going to help...". He continued by apparently stating that the justice system and lawyers "tell you they are dealing with cold facts...", but that "they will never tell you that these cold facts have warm bodies".

The Constitution - and justice system established by the Constitution - is not "the white man's way". The Constitution was freely adopted, as the supreme law in South Africa, by all our people in the Constituent Assembly. Moreover, the justice system is not only subject to the Constitution, but is mandated to uphold the values, rights and principles enshrined in the Constitution. These values and rights include, among others, equality before the law, access to justice, the right to legal representation and the right not to be punished in a cruel, degrading or inhuman manner.

Nevertheless, the Constitution, in terms of section 211, respects the institution, status and role of traditional leadership according to customary law. Similarly, the Constitution determines that customary law must be applied by the courts whenever such law is applicable. We must therefore embrace and respect traditional custom and laws as part of our heritage, but also as constitutionally protected rights. However, the Constitution, in no uncertain terms, determines that these institutions and customary law remain subject to the Constitution as supreme law in South Africa. Any conduct or laws inconsistent with the Constitution are invalid. As such, traditional institutions and customary law may not diminish the rights guaranteed to all by the Constitution. If women are, for instance, deprived of equal standing in terms of tradition or customary law, those traditions and customs are neither acceptable nor constitutional and cannot be justified as anyone's way.

President Zuma's remarks regarding the justice system raise particular concern since he is sworn to uphold, defend and respect the Constitution and the justice system established in terms of the Constitution. The President is also sworn to promote the unity of the nation and everything that will advance the country as a whole, rather than any particular constituency.

The Constitution is the supreme law of South Africa and it is everyone's Constitution. The justice system and its judiciary are cornerstones of our constitutional democracy - based on the Rule of Law and not the rule of man. Consequently, justice sought in whatever form, is supposed to know only one way, and that is the constitutional way.