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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 honorary doctorates during its centenary week

2004-10-07

The University of the Free State (UFS) will award 12 honorary doctorates on Thursday 14 October 2004 to a diverse group of outstanding South Africans and international experts.

This will be the last in a group of 18 honorary doctorates that the UFS will be awarding in its centenary year.

The awards comprise of a number of well-known language experts and writers, experts in higher education, first-time awards in community service and development studies, as well as music.

“This reflects quality and also diversity, a spectrum of convictions as well as the recognition of persons who played a major role in changing society in the last couple of decades, “ says Prof Frederick Fourie, Rector and Vice-Chancellor of the UFS.

The awards can be grouped in the following categories:

Language and literature:

Mr Karel Schoeman (D Litt (hc)) – well-known Afrikaans author and former student of the UFS. Some of the awards he has received include the Hertzog prize for prose (1970, 1986 and 1995), the CNA prize (1972 and 1994), the Old Mutual prize (1985 and 1991), the SABC prize for best television drama in 1990, the M Net book prize in 1997 and the State President award (former President Nelson Mandela: Order for Excellent Service – silver) in 1999. It is an honor for the UFS to have this gifted and creative person among its former students. This conferment is a fitting recognition of his status as leading South African writer.

Ms Antjie Krog (D Litt (hc)) – well-known South African poet and former student of the UFS. Her popularity as poet is evident in her piercing honesty and unequalled power of expression. Some of the awards she has received include the Eugéne Marais prize in 1973, the Rapport prize in 1987, the Hertzog prize in 1990 and the RAU prize in 2000. Her writing has been translated into seven languages. She has also received numerous honors for her involvement in and journalistic documentation of the Truth and Reconciliation Commission’s (TRC) proceedings. It is therefore an exceptional privilege for her alma mater to honor her with an honorary doctorate.

Prof Jaap Steyn (D Litt (et phil) (hc)) – recently, Prof Steyn again distinguished himself as biographer whose thorough research is apparent in the published biographies of illustrious writers such as NP van Wyk Louw and MER. The numerous awards, among which the Stals prize from the South African Academy of Science and Art for the Van Wyk publication, are a matter of record. He conducted the research for this great prize-winning work as honorary professor at the UFS.

Prof Jakes Gerwel (D Phil (hc)) – Chancellor of the University of Rhodes and Director of Naspers, Old Mutual, Gold Fields and Brimstone. His doctoral thesis was published in The Netherlands under the title Literatuur en apartheid. Konsepsies van “gekleurdes” in die Afrikaanse roman tot 1948 (1983). He received an honorary doctorate from Clark College ( Atlanta), the City University of New York and Missouri in the USA, the University of the Western Cape, the University of Cape Town, the University of Natal, Rhodes University, the University of Stellenbosch and the University of the Witwatersrand. He is also outstanding professor in the Humanities at the University of the Western Cape, honorary professor in the Humanities at the University of Pretoria, and was the chairman of the Human Sciences Research Council (HSRC).

Development Studies:

Dr Frederick van Zyl Slabbert (D Phil (hc)) – for his academic achievements, his endeavors for bringing about a peaceful transition in South Africa and his demonstration of the social investment role of the corporate sector. Dr Van Zyl Slabbert has received honorary degrees from the University of Natal and the Simon Fraser University in Canada. He has published seven books and various academic articles.

Community Service:

Prof Robert G Bringle (D Phil (hc)) – from the Indiana University-Purdue University Indianapolis (IUPUI) in the USA. He is currently Chancellor’s Professor of Psychology and Philanthropic Studies at the IUPUI and also Director of the IUPUI’s Centre for Service Learning. He is honored for his exceptional contribution to several of the UFS’s community service projects as well as his role in the advancement of a multi- and inter-disciplinary approach to academic development and the integration of service learning within the faculties of the UFS. He has also made a valuable contribution to the conceptual framework of the UFS’s unique community service policy and more recently to the advancement of a research culture regarding community service.

Higher education:

Dr Khotso Mokhele (D Phil (hc)), President of the National Research Foundation (NRF) is honored for his contribution to the South African higher education sector. He has also made a substantial contribution to the development of the research capacity of universities and technikons in South Africa. Dr Mokhele was born in Bloemfontein and matriculated at the Moroka High School in Thaba Nchu.

Prof Saleem Badat (D Phil (hc)), the Chief Executive Officer of the Council on Higher Education (CHE). Prof Badat has devoted himself to transforming and building South African higher education, and has constantly challenged the higher education sector to retain the moral basis of higher education and tackle its challenges with intellectual honesty, ingenuity, creativity and courage. He is honored for his intellectual leadership in the development of a equitable, just and quality higher education system in South Africa.

Law:

Prof HA (Boelie) Wessels (D Legum (hc)) – for his contribution to the fields of Roman Law, Legal History at the UFS. He is currently a part-time lecturer at the UFS’s Faculty of Law.

Medicine:

Prof CJC Nel (D Phil (hc) Posthumous) – for the way in which he strived for the advancement of excellent medical education in the country. Prof Nel also did pioneering work in the field of transformation in higher education. Under his guidance the School of Medicine at the UFS became one of the first medical schools to adopt a parallel-medium system of instruction.

Music:

Prof Leo Quayle (D Mus (hc)) – for the significant contributions he has made to the development of music – not only in Bloemfontein, but also on national level and abroad. His initiative, enthusiasm and dedication contributed to the eventual founding of the Free State Musicon, as well as the first symphony orchestra and the first string quartet in Bloemfontein. Prof Quayle is a former head of the Department of Music at the UFS.

Prof Jack de Wet (D Mus (hc)) – well-known for his exceptional contribution to violin tuition in South Africa. As pedagogue of international stature, he still moulds violinists who compete at national and international level. At an advanced stage of his career, he still actively conveys his knowledge, experience and distinctive insight in his field of speciality to yet another new generation of young violin teachers. Today the symphony orchestras in Bloemfontein and Port Elizabeth also stand on the foundations laid by him.

Media release
Issued by: Lacea Loader
Media Representative
Tel: (051) 401-2584
Cell: 083 645 2454
E-mail: loaderl.stg@mail.uovs.ac.za
7 October 2004

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