The Free State ANC has confirmed that the party will picket the Bloemfontein Magistrate’s Court on Monday and Tuesday with a protest march planned for next Friday, to the University of the Free State, following an announcement by its Rector Jonathan Jansen that they had pardoned the Reitz Four and invited them to finish their studies.

These white students have allegedly filmed a mock initiation of five black staff members — four women and a man — which involved them on their hands and knees eating food which had apparently been urinated on by a white student.

They were duly charged with crimen injuria.

Let’s begin with the issue of the withdrawal of charges. The UFS and even the victims themselves are incapable of withdrawing charges against the four. That is the sole prerogative of the state who pursue crime in the interests of society not individuals. While complainants can apply to have the charges withdrawn they do not have the power to make the final decision and are often knocked back by prosecutors.

Accordingly, the mass hysteria surrounding Jansen’s “decision” was somewhat misguided. This does not mean that his decision to offer the students the right to pursue their studies is ineffective — that stands — just the part dealing with the criminal charges.

My reading of Jansen is probably along the lines of Archbishop Desmond Tutu in that he did this as a goodwill gesture hoping to improve race relations by offering a compromise. His heart was in the right place.

Unfortunately, where his brain is, is another matter completely.

In order to make this one easy just drop all reference to race and proceed from there:

Students have allegedly filmed a mock initiation of five staff members — four women and a man — which involved them on their hands and knees eating food which had apparently been urinated on by a student. (I have repeated my second paragraph and removed reference to race).

In accordance therewith there can be no doubt whatsoever that charges of crimen injuria MUST be proceeded with and their suspension from studies MUST continue pending the outcome of the trial. If they are found guilty they must face full sanctions from both court and university.

This is not a bleeding-hearted liberal approach. This is a demand for upholding the rule of law and expecting a lot better from the youth of our country.

Unfortunately, by bringing in race people have clouded the whole issue.

Whites believing that these four “gentlemen” are some sort of flag bearers for the rights of whites and blacks believing that because they are whites they are getting away with murder.

Crap!

Any white who stands behind anything but their right to a fair trial best start re-examining their own value system. If your child was a victim how would you feel about them being humiliated and degraded like this? Would you say “bravo Jansen old chap” or would you be out for revenge for this abomination?

The black community (which should be supported by all) have every right to picket Bloemfontein on Monday BUT should refrain from doing so at court. It is not the courts who have abandoned sanctions only the UFS. Why should the courts be held to account?

It is this lack of understanding which makes upholding the law in this country so difficult at times.

In the cases of President Zuma, Shaik and Hlophe, we have repeatedly seen attacks on the prosecution for being racists or being used by racists. President Mbeki being treated like a pariah for making an extremely difficult decision regarding his then deputy which the rule of law required that he took. It might not have been popular at the time but may well be required of President Zuma if he is to be effective in re-establishing the rule of law in South Africa.

A fine example of false accusations of racism is the first arms deal where every time people are being called upon to account cries of racism go up. Is it racist to want to know where billions upon billions of rands which could have been used for far more compelling issues have gone?

If it is then put away your service delivery protests because if that is the case then questioning the government on service delivery failure is ridiculous. One of — if not the major — cause of this problem has been condoned and cannot be tackled because it has been deemed racist as supported by you the masses.

Why scream about R30-million missing in Sakhile if you waive away R50-billion which has gone walkabouts with your blessing.

The Jansen decision is patently wrong as may be seen by simply removing the issue of race.

Try doing the same thing with everything else and the Rainbow Nation might well start to make some headway.

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Michael Trapido

Michael Trapido

Mike Trapido is a criminal attorney and publicist having also worked as an editor and journalist. He was born in Johannesburg and attended HA Jack and Highlands North High Schools. He married Robyn...

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