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The Pistorius case proves that race still colours justice in our rainbow nation The Pistorius case proves that race still colours justice in our rainbow nation
(8 months later)
Throughout the Oscar Pistorius trial, Judge Thokozile Masipa stood as a figure of pride for many black South Africans. There she was, a black woman presiding over a globally televised spectacle. In front of her were two armies of mainly white lawyers. The accused was a white Afrikaner. Except for the interpreters and a few witnesses, most of those who were called to the stand were white. The witnesses included Pistorius's white neighbours, his white friends and associates as well as other white people he had come across in his personal and professional life.Throughout the Oscar Pistorius trial, Judge Thokozile Masipa stood as a figure of pride for many black South Africans. There she was, a black woman presiding over a globally televised spectacle. In front of her were two armies of mainly white lawyers. The accused was a white Afrikaner. Except for the interpreters and a few witnesses, most of those who were called to the stand were white. The witnesses included Pistorius's white neighbours, his white friends and associates as well as other white people he had come across in his personal and professional life.
In a country where race is still a major fact of life, the significance of all these whites daily showing deference to a black woman was not lost on the millions avidly following the trial. She was their pride as she imperiously but unobtrusively directed proceedings.In a country where race is still a major fact of life, the significance of all these whites daily showing deference to a black woman was not lost on the millions avidly following the trial. She was their pride as she imperiously but unobtrusively directed proceedings.
This pride was matched last week by disappointment when Masipa acquitted the Paralympian of murder and instead found him guilty of culpable homicide. When her legal reasoning was questioned and ridiculed, it was as if she had let the entire side down. The source of pride had become a target of derision, and this hurt badly.This pride was matched last week by disappointment when Masipa acquitted the Paralympian of murder and instead found him guilty of culpable homicide. When her legal reasoning was questioned and ridiculed, it was as if she had let the entire side down. The source of pride had become a target of derision, and this hurt badly.
The disappointment was accompanied by a deflation from the millions-strong armchair jury who had long found him guilty.The disappointment was accompanied by a deflation from the millions-strong armchair jury who had long found him guilty.
They drew racial comparisons between the treatment of Pistorius and that of musician Molemo "Jub Jub" Maarohanye, who was jailed for killing schoolchildren while drag-racing under the influence of drugs and alcohol. The murder verdict and 20-year sentence in that case has been contrasted with the failure to reach a similar conclusion in a case that was believed to be much more clear-cut.They drew racial comparisons between the treatment of Pistorius and that of musician Molemo "Jub Jub" Maarohanye, who was jailed for killing schoolchildren while drag-racing under the influence of drugs and alcohol. The murder verdict and 20-year sentence in that case has been contrasted with the failure to reach a similar conclusion in a case that was believed to be much more clear-cut.
Despite the fact that the Masipa is black, this verdict was seen as proof justice still has a racial tint. The simple perception was that white wealth equals access to superior justice.Despite the fact that the Masipa is black, this verdict was seen as proof justice still has a racial tint. The simple perception was that white wealth equals access to superior justice.
The desire to see Pistorius go to jail for a long time is a far cry from the awe in which he was once held by black South Africa. In his heyday he was the genuine crossover hero, loved in equal measure by black and white. He crossed that divide in which football stars are worshipped by blacks and rugby and cricket stars are worshipped by whites. He was one of the few unifying figures in a nation still trying to achieve cohesion. Following the February 2013 killing of his girlfriend Reeva Steenkamp, he continues to bridge racial divides – but this time he unites blacks and whites in disgust and condemnation rather than celebration. The desire to see Pistorius go to jail for a long time is a far cry from the awe in which he was once held by black South Africa. In his heyday he was the genuine crossover hero, loved in equal measure by black and white. He crossed that divide in which football stars are worshipped by blacks and rugby and cricket stars are worshipped by whites. He was one of the few unifying figures in a nation still trying to achieve cohesion. Following the February 2013 killing of his girlfriend Reeva Steenkamp, he continues to bridge racial divides – but this time he unites blacks and whites in disgust and condemnation rather than celebration.
With his fall from grace ,South Africa lost a common hero. In a way, then, Pistorius's demise has removed a small but significant brick in the country's nation-building project.With his fall from grace ,South Africa lost a common hero. In a way, then, Pistorius's demise has removed a small but significant brick in the country's nation-building project.
What the six-month trial exposed – besides the common global voyeurism – was how close to the surface race bubbles in South Africa. It is the quick and easy resort for suspicions, blame, and answers. The Pistorius matter reminded the country just how elusive the rainbow still remains.What the six-month trial exposed – besides the common global voyeurism – was how close to the surface race bubbles in South Africa. It is the quick and easy resort for suspicions, blame, and answers. The Pistorius matter reminded the country just how elusive the rainbow still remains.
Mondli Makhanya is an editor at large for City Press, based in JohannesburgMondli Makhanya is an editor at large for City Press, based in Johannesburg