Racism can be seen from both sides

In his letter that appeared in The Herald on March12, Boy Menzi Shongwe makes the point that former whites-only universities are still failing to deal with racism and says that this is evident with the return of a staff member accused of racism between 2013 and 2017 at Nelson Mandela University.

He is obviously not wellversed in law, as being accused of something does not make you guilty except in kangaroo courts.

Fortunately we have a judicial system in SA that places the onus on those who accuse to substantiate their accusations with evidence in a trial and the person is innocent until proven guilty.

I happen to know of the case he is referring to and this staff member has been put through hell by being charged with racism, going through a disciplinary hearing, being found not guilty and the students refusing to accept the outcome, threatening to protest should she return to work.

The presiding officer was an independent advocate, but because the finding was not accepted by the students, the university engaged a separate independent advocate to review the finding who came to the same conclusion as the original presiding officer.

Not happy with this, the university authorities again charged the staff member with similar charges and the member was put through the ordeal of another hearing presided over by a different independent advocate, was found not guilty and resumed her/his duties.

In its wisdom, NMU decided that the students who were unhappy with the lecturer concerned should attend a relationship building exercise with her to restore the relationship.

At this exercise, which was facilitated by a qualified psychologist, the students ganged up on the lecturer and she conceded that she had treated a white student differently to black students, hoping to appease them.

She explained the context, but the students refused to continue with the exercise as they said she admitted to being a racist.

The psychologist had lost control and could not reason with the students who had become unruly. That ended the exercise prematurely.

Based on this “admission” the NMU then charged her with racism once more.

The lawyer representing her pointed out to the advocate chairing the disciplinary hearing that this was tantamount to double jeopardy and res iu- dicata as in our law you cannot be repeatedly charged with the same charge over and over, because certain people are not happy with the not guilty outcome.

The advocate insisted that the hearing should take place and it did, only for another not guilty verdict to be the result.

The students refuse to accept this finding and have threatened to protest if she returns to work.

She is still on suspension as the university authorities are afraid of what the students may do if she returns.

This raises the question of who are the real racists and who is in charge and running the show at NMU?

Norman Kemp

‘ You cannot be repeatedly charged with the same charge over and over