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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

Conference: Expanded ARV treatment

2005-03-02

VENUE: University of the Free State, Bloemfontein, South Africa
DATE: 30 March 2005 - 1 April 2005

ARV Programme as on 24Feb Download Word document
Programme Special events Download Word document

Official web site www.fshealth.gov.za/subsites/arvc

Rationale for the Conference
At the time of the planned Conference, much ground would have been covered, both in the Free State and in South Africa, in respect of the expanded public sector ARV treatment programme in respect of research, experiences in practice, training of staff, treatment of patients, lessons learned, successes and failures, etc. The time would then be quite opportune to share these in a systematic manner with other provinces and countries, as well as with the large variety of stakeholders and role players in the ARV and related domains, be they academics and researchers, policy makers and service/facility managers, the variety of caregivers, and the community organisations and affected patients.

The Conference and current research
The proposed Conference is, firstly, directly linked to the current research on the public sector roll-out of ARV treatment in the Free State conducted by several research institutions (e.g. CIET, CHSR&D, UCT Lung Institute). Secondly, the Conference could and would serve as a forum for other research groups in the country and further a field to report and share knowledge and experiences on ARV treatment and related initiatives. Lastly, the Conference will stage a golden opportunity for researchers and scientists, on the one hand, and policy makers, managers, and caregivers (as knowledge users), on the other hand, to engage in cross-disciplinary discourse on this mutual and topical theme.

Theme of Conference
Expanded ARV treatment in the Free State: sharing experiences

Focus
The focus is primarily on public sector ARV treatment in the Free State, but also initiatives/activities/perspectives of relevance to the Free State elsewhere in the country at large and further a field, as well as relevant ARV initiatives in the public, private, NGO and FBO sectors. Bear in mind, however, that ARV treatment is but part of a much more comprehensive approach to HIV and AIDS. The Conference will, therefore, not narrowly focus on the ARV treatment programme only. The broader context, other relevant dimensions, and a comprehensive approach to the challenges of HIV, AIDS and TB are of equal importance.

The purpose of the Conference
Enhance meaningful exchange, mutual understanding and collaboration among researchers, scientists, policy makers, managers and practitioners in the field of ARV treatment and related fields.

Share experiences in the various spheres of ARV treatment and related spheres (policy, management, practice, research, training, public-private-civil society sectors).

Record, reflect and report on the establishment of the ARV treatment programme in the Free State, and in within the context of the comprehensive HIV/AIDS programme.

Disseminate important research results on ARV treatment and related themes to health policy makers, managers, practitioners, communities and to the research community.

Stimulate discourse among various disciplines and various stakeholders/role players involved in ARV treatment and related programmes.

Sensitise and acquaint researchers to the requirements of policy makers, managers and practitioners in respect of ARV treatment and related fields.

Facilitate the implementation of research results in ARV treatment policy, programmes and practice.

Dissemination of Conference-related information
Information generated during the Conference could feed into policy, management and practice of ARV treatment, the training accompanying such programme, and the existing body of knowledge. After the Conference the information will be disseminated via the Internet and by scientific and popular publications.

Date and duration
Set for 30 & 31 March & 1 April 2005; to commence at 09:00 on the first day (30 March) and to end at 16:30 (1 April) the third day.

Format and scope of Conference
Alternating plenary, parallel sessions and debates focused on topical issues and interest groups. The Conference will strive to be maximally interactive and participative.

Themes and topics to cover:

Policy, management and health services/practice (various levels and contexts – clinical treatment, information, IT systems, pharmacy, laboratories, nutrition)
Research covering all relevant disciplines and diverse dimensions of ARV treatment and related themes
Training and evaluation of training
Patients, communities and civil society organisations
Public, private, NGO, FBO initiatives and partnerships

Emphasis will be on the Free State, however, with of significant involvement from other provinces, SADC countries, and countries further a field. The thrust will be to export lessons and experiences from the Free State, but also to import lessons and experiences from other provinces, countries and sectors.

Presenters
Key presenters from the Free State, other provinces, South Africa, from the private, FBO and NGO sectors, and from several other countries

Delegates
About half of the delegates will be Free State stakeholders and role players (all levels and all contexts). The other half will be role players and stakeholders in the ARV and related fields from other provinces, the national level, and other countries, as well as from the private, public and non-governmental sectors.

Focused workshops
Provision will be made for half-a-day or one-day workshop initiatives on the third day (1 April 2005).

Enquiries
For more information please contact:

Prof Dingie van Rensburg
Centre for Health Systems Research & Development
University of the Free State
PO Box 339
Bloenfontein
SOUTH AFRICA
9300

Contact:
Carin van Vuuren
Conference Organiser
Centre for Health Systems Research & Development
University of the Free State
P.O.Box 339
Bloemfontein
South Africa
9300
Tel +27 (0) 51 401 2181
Fax +27 (0) 51 4480370
Cell 0832932890
e-mail: arvconference.hum@mail.uovs.ac.za

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