By Abigail Visagie
In today’s hyper-connected world, where news spreads at lightning speed and social media fuels instant reactions and public outcry, activists flood courtrooms with pamphlets demanding justice, blurring the line between fairness for victims and the accused.
As rallies turn into courtroom demonstrations, while social media hashtags evolve into public verdicts, the judicial process faces unprecedented scrutiny. Judges and juries must now navigate not only legal arguments but also the weight of public opinion amplified online.
While many see this activism as a vital force for accountability, others warn that it risks undermining the impartiality of the courts and the presumption of innocence until proven guilty.
In 2023, it was nearly impossible not to know the names of Lerato Masiu, Lesego Mamello Motaung, and Machaka Radebe. They stirred national outrage and filled timelines and news headlines alike.
Marked by mystery, fear, and untimely tragedy, their cases gripped the nation, striking deep at the heart of communities and fuelling a wave of public pressure that may have complicated judicial proceedings.
Though they once dominated public discourse, these cases now sit in uneasy silence, unresolved and haunting. They remain lodged in the public memory, raising troubling questions about accountability, transparency, and whether the justice system is capable of delivering closure to families, friends, and a nation still watching.
Motaung, who was 22 years old at the time, left her home in Uitsig on 30 October 2023 to go to work - but never made it. Her aunt reported her missing, and to this day, both Motaung and her alleged abductors remain unaccounted for.
Similarly, Masiu’s whereabouts remain unknown after she was reported missing in November 2023. It is alleged that she was abducted by an unidentified man disguised as a police officer, who claimed to be investigating a Facebook-related matter involving her. In a chilling turn of events, he took Masiu from her home—right in front of her mother—and vanished.
The case of 16-year-old Radebe further fuelled public outrage. She was allegedly kidnapped from her home in Bloemfontein in December of the same year. Just two days later, her body was discovered in Phase 9 with multiple stab wounds.
In a blog post published in June 2025 under the headline Inside South Africa’s Criminal Justice System: Who Gets Bail and Why?, Northern Cape-based law firm Engelsman Magabane noted that public outcry often erupts when individuals charged with serious crimes are granted bail.
The firm stressed, however, that courts are guided by legal principles, not public sentiment. As Judge Dennis Davis once remarked: “Justice cannot be served by sacrificing constitutional rights on the altar of public outrage.” It further said that the constitution demands fairness for both the accused and the victims. The legal system must remain objective, ensuring that each case is judged on its merits, not emotions.
Yet, gender-based violence (GBV) activists argue that public pressure and demonstrations are crucial tools for drawing attention to stalled investigations and pushing authorities to act with urgency.
Frustrated by recurring delays and what many see as systemic failure, Buang Basadi founder and former Free State Premier, Sefora Ntombela, has called for a national conversation on reinstating the death penalty.
“When you brutally kill our daughters, we die with them,” Ntombela told Journal News this week.
“The solution is to open up the discussion about the death penalty. Families have faced delayed investigations, poor communication, lost evidence, and in some cases, complete indifference. Our presence in courtrooms sends a clear message that communities are watching. It may not always guarantee justice, but it ensures these cases don’t disappear into silence,” she added.
Buang Basadi has long supported families affected by violence, including the widely publicised case of 19-year-old Kamogelo Baukudi, whom Ntombela described as “particularly tragic and complex.”
Baukudi became the latest victim in a series of abductions in the Free State. He was allegedly kidnapped by two men impersonating police officers in Fichardt Park, Bloemfontein, and held captive for more than 20 days. He was eventually found alive in Wepener, roughly 110 km outside Bloemfontein, and reunited with his family.
National Prosecuting Authority (NPA) spokesperson Mojalefa Senokoatsane confirmed that the Baukudi case is active and ongoing, and has not been influenced by public opinion.
“The NPA opposed bail during court proceedings; however, the court exercised its discretion and granted it. The matter continues unhindered in court. The NPA remains committed to prosecuting based on available evidence, in line with the principle of acting without fear, favour, or prejudice.”
Commenting on public perceptions of justice, Nthabiseng Dubazana, attorney and director of Dubazana Attorneys Incorporated, said many suspects are “convicted in the court of public opinion” before receiving a fair trial.
“The public doesn't control how cases are handled,” she explained.
“But many suspects are judged guilty long before their day in court. Complicating matters, our SAPS personnel often lack the training and tools needed to uncover new evidence. Some cases grow cold, leaving detectives demotivated. That leads communities to believe public attention is compromising justice, when in fact, it is systemic challenges within law enforcement,” added Dubazana.
Meanwhile, SAPS spokesperson Captain Loraine Earle confirmed to Journal News that there are no significant new developments in the investigations into the disappearances of Masiu and Motaung. However, she said that all efforts to trace them are ongoing.
Captain Earle also urged the public to refrain from spreading conspiracy theories and unverified claims, warning that such actions complicate investigations and delay progress.
“Our investigations are guided by facts, evidence, and due process,” she said.
