OPINION: Kanya Cekeshe feels the wrath of a double standard justice system

When magistrate Theunis Carstens handed judgement and denied Fees Must Fall activist Kanya Cekeshe bail, not only his family and friends felt the pain, but the entire nation.

Government leaders, politicians, political parties and the public at large appealed to the justice system to free Cekeshe.

Minister of Justice and Correctional Services Ronald Lamola has since announced that he will be leading the charge for Cekeshe’s presidential pardon.

READ: Opinion: The Fees Must Fall generation still living with trauma

While the Economic Freedom Fighters made it clear that it will appeal Carstens’ judgement.

Carsten’s judgement has once again thrown the country’s justice system back into the spotlight.

For many years, many have harboured thoughts that the justice system of this country is lenient to others, while harsh to the others.

The race issue also does emerge, with many stating that the justice system treats different races differently.

Does South Africa’s justice system really see colour and race?

That’s the question that has been dominating on the social media and public forums.

Cekeshe, who has been in jail for over two years for his role in the 2015 student uprising over the increment of fees in higher institutions, is seen by many as a victim of this system that sees colour and class.

Many of the activists at institutions such as the University of Cape Town, who committed the same crimes as Cekeshe, were given a free pass as charges against them were dropped.

Is the justice system treating Kanya Cekeshe fair?

However, it seems like the justice system is refusing to grant the same courtesy to Cekeshe.

Is it because he does not have parents who have powers and access to the powers that be or it is the fact that he represents a group which the system is meant to oppress and dehumanise?

Convicted murderer Oscar Pistorius was granted bail, despite posing a real and serious threat to society.

However, Cekeshe, who was fighting for a course and poses little threat to society was refused bail.

That does not look like a fair system.

While everyone acknowledges a crime that was committed in this regard, its only fair for the system to also treat him in the same manner as it does to rapists and murderers.

The judiciary is lauded for its independence, however, it seems like it cannot be celebrated for its fairness.

One just hopes that the high court will set Carstens’ ruling aside and Cekeshe be allowed to walk free.

The judiciary does not want a situation whereby citizens will start demanding a judge of a certain race for certain cases.

The fairness must be done across all the courts level, that’s all we ask.


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