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Beyond the colour line: When justice should be just

24 June 2025 | Story Zinhle Vanda | Photo Supplied

Opinion article by Zinhle Vanda, an honours student in Sociology at the University of the Free State

Racial issues should not and cannot be ignored; however, the tendency to racialise every issue has been a problem, even when justice should be served. This can be emotionally exhausting, especially for a nation trying to heal from past racial oppression. Every time a high-profile crime or court case emerges, people hold their collective breath – not just for justice, but for what colour that justice will wear. But should we?

The case of Cwecwe, a young seven-year-old girl from Matatiele in the Eastern Cape, shocked the nation. One of the alleged key suspects was a white man. While the initial public response was rightly centred on justice for the child, the focus quickly shifted for some advocates. Instead of remaining united and calling out against gender-based violence, the case took a sharp turn towards a racial battle. This was slowly reflecting how South Africans pull out the ‘racial card’ in uncomfortable battles. This case had various accusations; some argued that the white suspect was being protected by the system and others defended his innocence. These allegations sparked social media comments such as, “If the victim was a white girl and the accused was a black man, the case would have taken a different direction.” What could have been a moment of national child protection advocacy has become yet another episode in South Africa’s long racial war. It is important to note that no charges or prosecution were brought against the man/men responsible after the investigation; the National Prosecuting Authority (NPA) found no conclusive evidence to proceed with the case. The focus of this piece is on public judgment rather than proving guilt or innocence, and how public opinion – especially social media – sometimes overpowers the narrative, the true aim of justice, and the protection of victims like Cwecwe.

In these cases, justice is either seen as revenge or bias

In cases where the victim and suspect are of different races, justice is often not seen as justice, it is either seen as revenge or bias. Questions like was justice done? are no longer asked; instead, the question asked is, for whom was it done? The painful result is the actual issue of a child survivor of sexual violence fading into the background. The danger lies in letting race dominate every justice conversation, as it defeats the whole purpose of justice. This leads to the pain of those who are vulnerable, often women and children, being overlooked. This is what Kimberlé Crenshaw’s theory of intersectionality says – that multiple forms of oppression such as race and sexism can overlap, making people more vulnerable. Intersectionality is specific forms of intersecting oppressions, which could include intersections of race and gender, or of sexuality and nation. Intersectional paradigms say that oppression cannot be reduced to one fundamental type, and that oppressions work together to cause injustice. Intersectionality makes a bold argument that true justice means seeing all parts of a person’s identity, not just the most politically charged one. In cases where race become the core focus, issues such as gender-based violence or child protection are pushed aside, even when there is connection. Justice will never be served in a country like South Africa if the race of the accused takes precedence over the crime committed. We cannot shy away from the truth; black people have been oppressed in the past and may still be bleeding from this injustice. Intersectionality urges us to consider historical context in all aspects of our analyses, but this should not come at the expense of other crucial factors such as gender, children’s rights, criminality, justice, and others that are essential to understanding a case like Cwecwe’s abuse.

Being a criminal has nothing to do with skin colour

Will the battle of race end? Most of South Africa’s issues are the result of racial discourse, but not everything can be resolved through the racial lens. The amount of focus directed at race tends to defeat the means of justice and hinder national healing. This only weakens the nation’s unity and has the potential to affect coming generations. Justice should be characterised by fairness, equality, the truth, and accountability. It should not only wear a racial mask or be seen as revenge for past and present wounds or enable racial oppression. This highlights the need to critically examine how our understanding of justice is shaped by societal narratives, historical contexts, and collective experiences. The social constructivist theory of reality, developed by Peter L Berger and Thomas Luckmann in 1966, argues that social concepts such as justice are constructed through collective human interpretation and interaction, rather than existing as objective or universal truths. It looks at how people’s social understanding is shaped by social narratives and collective beliefs. This explain why certain crimes are viewed through the lens of race rather than justice, because of the social meaning attached to race and violence. According to this theory, people do not often react to facts, but they react to the social meaning that those facts carry. Apartheid is part of South Africa’s history, and it comes as no surprise that racial segregation remains a dominant narrative for its citizens. Furthermore, the social construction theory illustrates how this racial emphasis is not a natural reason, but rather a socially produced one. Thus, the racial image portrayed in the justice system often associates black people with violence and subordination, and white people are associated with innocence and protection. This leads to black victims not getting justice, and crimes against them remain forgotten. And black accused receive heftier prison sentences. Being a criminal has nothing to do with the colour of one’s skin; the focus should be more on the crime committed. Justice should be fairly applied; no one is above the law, and no race or colour should be treated as superior or inferior under it.

In conclusion, the public reaction to the Cwecwe case revealed how quickly racial narratives can shape public opinion, often before all the facts are known. The case became less about justice for a young girl and more about race. This reflects a broader issue in society, where certain groups are either unfairly protected or quickly condemned based on long-standing social and racial perceptions. The process of justice must be fair, with integrity, race must not dominate the facts. For a truly just society, the urge to draw conclusions based on racial identity must be resisted, and instead the principles of due process and equal treatment under the law must be upheld.

Zinhle Vanda is an honours student in Sociology at the University of the Free State. As an emerging social justice activist, she is committed to examining how societal narratives and power dynamics shape people’s understandings of race, justice, and inequality. She writes in her personal capacity.

News Archive

UFS awards degrees at autumn graduation ceremony

2009-04-28

The University of the Free State’s (UFS) autumn diploma and graduation ceremony took place this week in the Arena on the South Campus in Bloemfontein (formerly known as the Vista Campus). This arrangement has been made because of the large-scale renovations to the Callie Human Centre on the Main Campus.

Friday, 24 April 2009
Faculties of Health Sciences, Law and Theology Diploma ceremony

Law student’s achievement excels 80%
Four Law students obtained the LLB degree at this year’s autumn graduation ceremony of the University of the Free State (UFS) summa cum laude and were awarded the Moritz Bobbert Medal. They are from the left: Lezelle Olivier (80%), Albert Nell (91%) and Amanda du Toit (83%). LiFeng Chien were absent during the photo.

UFS awards degrees at autumn graduation ceremony
Today 331 students and five doctorates in the Faculties of Health Sciences, Law and Theology received their qualifications at this year’s autumn graduation ceremony of the University of the Free State (UFS). Michael Molahloe (left) and Mamokete Ntholeng both received their LL.B. degrees in the Faculty of Law.
Photo: Leonie Bolleurs

This year’s autumn graduation ceremony of the University of the Free State (UFS) was held on the South Campus. From the group of students that received their qualification from the Faculty of Law, is from the left: Janine Jonson, Anneska van der Spoel, Andrea Coetzer, and Jo-Mari Visser.
Photo: Leonie Bolleurs

Students in Nursing receive their degree
A group of students from the Faculty of Health Sciences received their B.Soc.Sc. degree at this year’s autumn graduation ceremony of the University of the Free State (UFS). At the occasion were, from the left: Ruth Beukes, Basetsana Panana, and Dipontsheng Tsolo.
Photo: Leonie Bolleurs

UFS Faculty of Health Sciences awards degrees
Liezl Swanepoel (left) and Heide van der Merwe received their BSocSC degrees at the University of the Free State’s (UFS) autumn graduation ceremony.
Photo: Leonie Bolleurs

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Thursday, 23 April 2009
Faculty of Natural and Agricultural Sciences & Chancellor’s Dinner

UFS awards unique doctorate
Dr Rodney Douglas, who had never obtained any formal undergraduate qualification, this week received a Ph.D. in Geography and Geology during the autumn graduation ceremony of the University of the Free State (UFS). The name of his thesis is “A new perspective on the geohydrological and surface processes controlling the depositional environment at the Florisbad archaeozoological site”. He had four papers published in journals that were related to his thesis. He obtained his South African Museums Association Diploma in Biology in 1988 and his M.Sc. in Environmental Biology at the University of Natal, Durban in 1992. He was accepted as a Master's degree student at that university based on research that he had conducted on, amongst others, the diets of reptiles. He has been working at the Department of Herpetology at the National Museum, Bloemfontein since 1984, where he holds the post of Principal Museum Scientist and Head of Department.
Photo: Leonie Bolleurs

Chancellor’s Dinner: UFS honours doctoral students
Last night, the University of the Free State (UFS) honoured students who had received their Ph.D. degrees at the autumn graduation ceremony this past week, at the Chancellor’s Dinner. A total of 25 doctorates were awarded during the respective ceremonies. Attending the occasion were, from the left: Dr Annemarie Kühn, Ph.D. in Chemistry, Prof. Jeanet Conradie, Department of Chemistry at the UFS and Dr Kühn’s promoter, Prof. Teuns Verschoor, Acting Rector of the UFS, Prof. Corene de Wet, Department of Comparative Education and Education Management at the UFS, and Dr Mafu Rakometsi, Chief Executive Officer of Umalusi and former head of the Free State Department of Education who received a Ph.D. in History. Prof. De Wet is Dr Rakometsi's co-promoter and the late Prof. Leo Barnard, former Head of the Department of History at the UFS, who passed away at the beginning of April 2009, was his promoter.
Photo: Leonie Bolleurs

Mrs Annemarie Kilian, Mr Willem Kilian (BSc. Hons) and Prof Stephanus Kilian
Photo: Mangaliso Radebe

Mr Jaco van der Merwe, Mr Renico Pretorius and Mr Rion Terblanche (all BSc. Quantity Survying)
Photo: Mangaliso Radebe

Ms Mamakoanyane Amelia Shata (BSc. Genetics and BSc. Hons. Plant Molecular Biology) and Mrs Maente Adelinah Shata.
Photo: Mangaliso Radebe

Mr Maurice Ambrose and Mr Owen Monk (both BSc. Quantity Survying).
Photo: Mangaliso Radebe

Ms Tobeka Mehlomekhulu (Lecturer: Department of Geography), Mr Neo Mokgosi (BSc. Hons. Genetics) and Ms Nwabisa Mehlomekhulu (BSc. Hons. Food Science).
Photo: Mangaliso Radebe

Mr John Mdane, Mr Fana Mdane (BSc. Information Technology) and Mrs Agnes Mdane
Photo: Mangaliso Radebe

Mr Kevin Vermaak (BSc. Hons. Geohydrology) and Ms Michelle Steenkamp (BSc. Hons. Geology).
Photo: Mangaliso Radebe

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21 April 2009
Faculty of Economic and Management Sciences

Prof. Magda Fourie's daughter graduates
Nadia Fourie, daughter of Prof. Magda Fourie, former Vice-Rector: Academic Planning at the UFS and now Vice-Rector: Teaching at Stellenbosch University, received the B.Com. Law degree.
Photo: Lacea Loader

724 degrees were awarded during the ceremony of the Faculty of Economic and Management Sciences. Here are, from the left: Simon Serutla, B.Com. Accounting, Lourencia Hamuaka, B.Com. Honours in Financial Economics and Investment Management, Sunet Opperman, B. Accounting, and Yolandi Greyling, B. Accounting.
Photo: Lacea Loader

Students in the Faculty of Economic and Management Sciences graduated this week during the University of the Free State's (UFS) autumn graduation ceremony. Altogether 724 degrees were conferred. Here are, from the left: Marie-Louise Lombard, B.Com. Law, Adriaan van der Merwe, B.Com. Law and member of the Student Representative Council (Legal and Constitutional Affairs), Basanio Ncike, B.Com. Economics, and Richard Schooling, B.Com. Banking.
Photo: Lacea Loader

Center for Accounting honours top achievers
The Centre for Accounting at the University of the Free State (UFS) honoured the top ten students in the third-year B.Com. and B.Com. Hons. programmes respectively during this week's autumn graduation ceremony. Here are, from the left: Prof. Ronell Britz, Chairperson of the centre, Nils Kotze, first place in the B.Com. third-year group, and Madri Victor, first place in the B.Com. Hons. group; back: Prof. Hentie van Wyk, Programme Director: Accountant Training.
Photo: Stephen Collett

Accounting firms in Free State help with recognition of top achievers
Accounting firms in the Free State have contributed to a fund at the University of the Free State’s (UFS) Centre for Accounting to give recognition to top achievers in the third-year programme for the B.Com. and B.Com Hons. degrees respectively this week. It is evidence of the good relationship that exists between the Centre and the South African Institute for Chartered Accountants (SAICA), Free State. Here, from the left, are: Mr Pieter Clase, CoetzeeSmit Chartered Accountants, Mr Oswald Wentworth, KPMG, Mr Ettienne van Niekerk, PricewaterhouseCoopers, Herman Leach, Gobodo Inc. Chartered Accountants, and Mr Stefan Strydom, Havenga, Rossouw & Viljoen; front: Mr Ian Smit, Enslins Bloemfontein, Ms Thelma Crossman, Mazars, and Ms Daphline O'Brien, Ernst & Young.
Photo: Stephen Collett

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20 April 2009
Faculty of Education, Faculty of the Humanities.

CHESD awards 15 masters degrees
A group of 15 students received the Structured M.A. (Higher Education Studies) of the Centre for Higher Education Studies and Development (CHESD) at this year’s autumn graduation ceremony of the University of the Free State (UFS). This is the biggest group in the centre's history to be awarded master’s degrees, while four of the students received distinctions. Also of interest is that six of the 15 students already have doctoral degrees. At the occasion were, from the left: Dr Dipane Hlalele, Qwaqwa Campus, Ms Liesl Hoare, Central Univeristy of Technology, Welkom Campus (best achiever), and Dr Fanus van Tonder, Programme Director: Higher Education Studies and Research, CHESD. Ms Hoare received the Deans medal in the Faculty of the Humanities as the best master’s graduate student at the graduation ceremony. At the faculty’s prize function she also received the Kovsie-Alumni Trust award as the best M.A student in the faculty. She also received the CHESD Prize for the best achievement in the Structured M.A. (Higher Education Studies).
Photo: Leonie Bolleurs

UFS awards degrees at autumn graduation ceremony
Five hundred and eighty six degrees and nine doctorates were awarded this week during this year's autumn graduation ceremony on the South Campus of the University of the Free State (UFS) to students in the Faculty of the Humanities. At the occasion were, from the left: Nicola Bekker, Madré van der Merwe and Esté Scholtz. All three the ladies received the qualification B.A. Language Practice.
Photo: Lacea Loader

This year’s autumn graduation ceremony of the University of the Free State (UFS) is held on the South Campus in Bloemfontein. Today a group of students from the Programme: Governance and Political Transformation in the Faculty of the Humanities received their qualification. From the left, front are: Dr Tania Coetzee, Head of the Programme: Governance and Political Transformation, and Mr Itumeleng Liba, Chief Operation Officer at CENTLEC; back: Mr Kennett Sinclair, Vice-Chairperson of COPE in the Northern Cape, Ms Nicole Joannou, Goldfields Business and Catering, and Mr Tembeni Lobe from Bloemfontein.
Photo: Lacea Loader

Some of the students who received their qualifications during this week's graduation ceremony of the Faculty of the Humanities were, from the left: Shu-Jung Chan, B.Mus. Hons., Brian Gxavu, B.Mus., and Mpolokeng Lepote, B.A. Media Studies.
Photo: Lacea Loader

UFS’s CHESD awards doctoral degree
Ms Mardi Delport (middle), Assistant Director: Media and Communications at the Central University of Technology received her Doctoral degree at this year’s autumn graduation ceremony of the University of the Free State (UFS). The title of her thesis is: “An internal communication model for the Central University of Technology, Free State as a multi-campus institution”. With her are her promoter Prof. Driekie Hay (left), Vice-Rector: Academic Planning, and her co-promoter, Prof. Annette Wilkinson (right) from the Centre for Higher Education Studies and Development (CHESD) at the UFS.
Photo: Leonie Bolleurs

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