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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

Inaugural lecture: Prof Robert Bragg, Dept. of Microbial, Biochemical and Food Biotechnology

2006-05-17

Attending the inaugural lecture were in front from the left Prof Robert Bragg (lecturer at the Department of Microbial, Biochemical and Food Biotechnology) and Frederick Fourie (Rector and Vice-Chancellor). At the back from the left were Prof James du Preez (Departmental Chairperson: Department of Microbial, Biochemical and Food Biotechnology) and Prof Herman van Schalkwyk (Dean: Faculty of Natural and Agricultural Sciences). Photo: Stephen Collett

A summary of an inaugural lecture delivered by Prof Robert Bragg at the University of the Free State:

CONTROL OF INFECTIOUS AVIAN DISEASES – LESSONS FOR MAN?

Prof Robert R Bragg
Department of Microbial, Biochemical and Food Biotechnology
University of the Free State

“Many of the lessons learnt in disease control in poultry will have application on human medicine,” said Prof Robert Bragg, lecturer at the University of the Free State’s (UFS) Department of Microbial, Biochemical and Food Biotechnology during his inaugural lecture.

Prof Bragg said the development of vaccines remains the main stay of disease control in humans as well as in avian species. Disease control can not rely on vaccination alone and other disease-control options must be examined.

“With the increasing problems of antibiotic resistance, the use of disinfection and bio security are becoming more important,” he said.

“Avian influenza (AI) is an example of a disease which can spread from birds to humans. Hopefully this virus will not develop human to human transmission,” said Prof Bragg.

According to Prof Bragg, South Africa is not on the migration route of water birds, which are the main transmitters of AI. “This makes South Africa one of the countries less likely to get the disease,” he said.

If the AI virus does develop human to human transmission, it could make the 1918 flu pandemic pale into insignificance. During the 1918 flu pandemic, the virus had a mortality rate of only 3%, yet more than 50 million people died.

Although the AI virus has not developed human-to-human transmission, all human cases have been related to direct contact with infected birds. The mortality rate in humans who have contracted this virus is 67%.

“Apart from the obvious fears for the human population, this virus is a very serious poultry pathogen and can cause 100% mortality in poultry populations. Poultry meat and egg production is the staple protein source in most countries around the world. The virus is currently devastating the poultry industry world-wide,” said Prof Bragg.

Prof Bragg’s research activities on avian diseases started off with the investigation of diseases in poultry. “The average life cycle of a broiler chicken is 42 days. After this short time, they are slaughtered. As a result of the short generation time in poultry, one can observe changes in microbial populations as a result of the use of vaccines, antibiotics and disinfectants,” said Prof Bragg.

“Much of my research effort has been directed towards the control of infectious coryza in layers, which is caused by the bacterium Avibacterium paragallinarum. This disease is a type of sinusitis in the layer chickens and can cause a drop in egg product of up to 40%,” said Prof Bragg.

The vaccines used around the world in an attempt to control this disease are all inactivated vaccines. One of the most important points is the selection of the correct strains of the bacterium to use in the vaccine.

Prof Bragg established that in South Africa, there are four different serovars of the bacterium and one of these, the serovar C-3 strain, was believed to be unique to Southern Africa. He also recently discovered this serovar for the first time in Israel, thus indicating that this serovar might have a wider distribution than originally believed.

Vaccines used in this country did not contain this serovar. Prof Bragg established that the long term use of vaccines not containing the local South African strain resulted in a shift in the population distribution of the pathogen.

Prof Bragg’s research activities also include disease control in parrots and pigeons. “One of the main research projects in my group is on the disease in parrots caused by the circovirus Beak and Feather Disease virus. This virus causes serious problems in the parrot breeding industry in this country. This virus is also threatening the highly endangered and endemic Cape Parrot,” said Prof Bragg.

Prof Bragg’s research group is currently working on the development of a DNA vaccine which will assist in the control of the disease, not only in the parrot breeding industry, but also to help the highly endangered Cape Parrot in its battle for survival.

“Not all of our research efforts are directed towards infectious coryza or the Beak and Feather Disease virus. One of my Masters students is currently investigating the cell receptors involved in the binding of Newcastle Disease virus to cancerous cells and normal cells of humans. This work will also eventually lead to a possible treatment of cancer in humans and will assist with the development of a recombinant vaccine for Newcastle disease virus,” said Prof Bragg.

We are also currently investigating an “unknown” virus which causes disease problems in poultry in the Western Cape,” said Prof Bragg.

“Although disinfection has been extensively used in the poultry industry, it has only been done at the pre-placement stage. In other words, disinfectants are used before the birds are placed into the house. Once the birds are placed, all use of disinfectants stops,” said Prof Bragg.

“Disinfection and bio security can be seen as the ‘Cinderella’ of disease control in poultry. This is also true for human medicine. One just has to look at the high numbers of people who die from hospital-acquired infections to realise that disinfection is not a concept which is really clear in human health care,” said Prof Bragg.

Much research has been done in the control of diseases through vaccination and through the use of antibiotics. “These pillars of disease control are, however, starting to crumble and more effort is needed on disinfection and bio security,” said Prof Bragg.

Prof Bragg has been working in close co-operation with a chemical manufacturing company in Stellenbosch to develop a unique disinfectant which his highly effective yet not toxic to the birds.

As a result of this unique product, he has developed the continual disinfection program for use in poultry. In this program the disinfectant is used throughout the production cycle of the birds. It is also used to ensure that there is excellent pre-placement disinfection.

“The program is extensively used for the control of infectious diseases in the parrot-breeding industry in South Africa and the product has been registered in 15 countries around the world with registration in the USA in the final process,” said Prof Bragg.

“Although the problem of plasmid mediated resistance to disinfectants is starting to rear its ugly head, this has allowed for the opening of a new research field which my group will hopefully exploit in the near future,” he said.

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