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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

During 2011: Prestige Scholars Programme (PSP)

2011-12-01

The University has designed the Vice-Chancellor’s Prestige Scholars Programme (PSP) to promote and support the intellectual breadth and depth required of young scholars to pose questions and generate knowledge in their disciplines and hence to occupy the vanguards of contemporary intellectual enquiry. The programme specifically targets members of the academic staff who are near completion, or have newly completed, their doctoral studies.

The goal is to select no more than 100 of the most promising young scholars and to make substantial investments in their development towards becoming full professors. A tailored, intensive programme of support is designated that combines international placement working alongside leading scholars in the discipline of the prestige scholar, with intensive mentorship and support from within the university.

Description: 2011 PSP_Thuthuka Tags: 2011 PSP_Thuthuka

Elite young scholars on the Vice-Chancellor’s Prestige Scholars Programme generated R1,2 million in National Research Foundation Thuthuka and Blue Skies funding in 2011 alone. Dr Katinka de Wet in the Department of Sociology was awarded Blue Skies funding for her work on the Hybrid Identity of the HIV/Aids patient. Thuthuka Grant holders Drs Cilliers van den Berg, Olihile Sebolai, Dirk Opperman and Diaan van der Westhuizen work in the fields of German and Afrikaans trauma literature, microbiology, structural and evolutionary biology, and architecture, respectively. This broad disciplinary range typifies the depth and extraordinary range of scholarship present among junior academics at the UFS.

Description: 2011 PSP_Liza Coetsee Tags: 2011 PSP_Liza Coetsee

Dr Liza Coetsee, a Y2-rated physicist, is the first of the Vice-Chancellor’s elite cohort of Prestige Scholars to submit for National Research Foundation rating. Dr Coetsee works on the latest of the Nanotechnology Surface Science systems housed in our Department of Physics. As Prestige Scholar, Dr Coetsee conducts research on phosphor solar cells. Her aim is to establish a new Phosphor Solar Cell field at the University of the Free State with Proff. Hendrik Swart and Koos Terblans. As a member of the Prestige Scholar Programme, Dr Coetsee will work in collaboration both with colleagues from the Nelson Mandela Metropolitan University and Prof. Eray Aydil from the University of Minnesota and Editor-in-Chief of the Journal of Vacuum Science & Technology.

Description: 2011 PSP_Olihile Sebolai Tags: 2011 PSP_Olihile Sebolai

Dr Olihile Sebolai is one of the 2 Vice-Chancellor’s elite Prestige Scholars and a microbiologist. In 2011, Dr Sebolai was awarded a Thuthuka Grant for his research on the yeast pathogen Cryptococcus neoformans, the cause of life-threatening Aids-defining illnesses such as meningitis. Dr Sebolai considers how cryptococcal lipids mediate infectious processes leading to illness. An understanding of these cellular processes will offer hope for future drug development to combat the scourge of cryptococcal meningitis, annually causing the death of over half a million people in Sub-Saharan Africa. Dr Sebolai is also interested in mapping the prevalence and distribution pattern of cryptococcal meningitis in the Free State. This, in turn, will assist health authorities to manage current infections and plan appropriately for potential outbreaks. The Prestige Scholars Programme, with the assistance of the National Research Foundation, will afford Dr Sebolai the opportunity to pursue his research in laboratories in the United States and India in 2012 and 2013.

Description: 2011 PSP_Louis Holtzhausen Tags: 2011 PSP_Louis Holtzhausen

Dr Louis Holtzhausen, member of the Vice-Chancellor’s Prestige Scholars Programme, has been named by the South African Sports Confederation and Olympic Committee (SASCOC) as team doctor for Team South Africa during the All Africa Games, the largest sports event in Africa. National teams from African countries participated in 23 sports events. As an esteemed South African academic in sports medicine Dr Holtzhausens’ participation was an extension of the work already being done under his supervision at the UFS’s Sports Performance Unit. Many of the athletes who prepared at the Unit were also part of the team. Elite athletes’ illness and injury profiles are one of Dr Holtzhausens’ research focus areas. The exposure to this group in competition was of great value in the identification and development of research niche areas.

Description: 2011 PSP_ Chantel Swart Tags: 2011 PSP_ Chantel Swart

The South African Society for Microbiology awarded Dr Chantel Swart-Pistor, a Prestige Scholar on the Vice-Chancellor’s elite programme, the top prize for her PhD during a recent gala dinner in Cape Town. Dr Swart-Pistor accomplished a breakthrough in the field of nanotechnology with The influence of mitochondrial inhibitors on zoospore and ascospore development. Her supervisor, Prof. Lodewyk Kock and co-supervisors, Dr Carolina Pohl and Prof. Pieter van Wyk, also stressed the important collaboration with Proff. Hendrik Swart (Physics) and Pieter van Wyk (Centre for Microscopy), which made Dr Swart-Pistor’s work possible. She has presented her work in Beijing (Medichem 2011) and Philadelphia (Biotechnology-2011). She has been invited to return to China in 2012.

Description: 2011 PSP_ Lizette Erasmus Tags: 2011 PSP_ Lizette Erasmus

Dr Lizette Erasmus, scientific chemist and one of the Vice-Chancellor’s Prestige Scholars, has just returned from a three-month-long research visit to Prof. Hans Niemantsverdriet at the Technical University of Eindhoven in The Netherlands and the University of California, Davis. Dr Erasmus specialises in heterogeneous catalysis. Her visit to Prof. Niemantsverdriet, one of the global experts in the field of surface science, served to round of existing research. In California, Dr Erasmus visited her mentor, Prof. Bruce C. Gates, as part of the objectives of the Rector’s programme for the internationalisation of young researchers. Prof. Gates, an expert in catalysis, could contribute to Dr Erasmus’ research on the characterisation of heterogeneous catalysis and catalytic reactions. In exchange, her expertise in organometallic synthesis added value to Prof. Gates’ existing research. Their continued collaboration gave availed them of the opportunity for interdisciplinary interaction between engineering (Prof. Gates’ speciality) and chemistry, and promises to contribute to increased collaboration between the two universities in future.

Description: 2011 PSP_Dirk Opperman Tags: 2011 PSP_Dirk Opperman

Dr Dirk Opperman, specialist in structural and evolutionary biology and National Research Foundation Thuthuka Grant holder, joined the Vice-Chancellor’s Prestige Scholars Programme after his postdoctoral work at the Max Planck Institute (KOFO) in Germany. Dr Opperman is the recipient of institutional seed funding to establish a protein crystallisation unit, which in turn led to the donation in 2011 of a multi-million Rand X-ray diffractometer¬ from the University of the Western Cape to complement his existing access to international synchrotrons. Dr Opperman is spending part of 2011 at the University of Exeter (UK) to further his research into the three-dimensional structures of specific enzymes and their trajectories of evolution to specific functions.

Description: 2011 PSP_Abiodun Ogundeji Tags: 2011 PSP_Abiodun Ogundeji

Abiodun Ogundeji is a member of the Vice-Chancellor's Prestige Scholars Programme. Abiodun's work was recently recognised when he and his co-authors received an award for the best contributed paper at the 49th annual conference of the Agricultural Economics Association of South Africa on the topic, Impact of climate change on planning and dealing with flood disasters in South Africa: A case study of Soweto on Sea. The paper was co-authored by Prof. Giel Viljoen from our Department of Agricultural Economics and Herman Booysen, as well as Gawie du T. de Villiers, Research Associates in the Department of Geography. Abiodun is currently conducting invaluable research on the quantification of the economic value of climate change impacts and the benefits and costs of adaptation in South Africa.

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