Pride mural vandalised: What happens to the suspects?

After the Pride mural near the Amphi was discovered vandalised again on Monday, and the North-West University (NWU) announced on Tuesday that a suspect or suspects had been identified, the focus now shifts to what steps could be taken against them.

The incident was a near repeat of the one in September 2025 when the same mural was defaced – and signed with the initials “RH” – in what was seen by activists as a statement against LGBTQ+ rights. The same initials were spray-painted on the mural this time, together with the words “Heil Hitler” and “Nazi”, as well as a swastika.

While the NWU said in its statement that “the necessary disciplinary processes against [the culprit or culprits] have already commenced and criminal charges may also follow”, it is unclear if the matter will also be treated as a hate crime. 

Either way, the suspects may face one or both of two separate processes: a disciplinary hearing by the NWU, and a criminal investigation under South African law. In a criminal case, they may face charges of malicious damage to property, while in an internal process they may be charged with misconduct in terms of university rules.

If prosecuted as a hate crime, this could fall under the Prevention and Combating of Hate Crimes and Hate Speech Act, 2023. Separately, a matter could also be pursued in an Equality Court under the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA).

Section 10 of PEPUDA states that “no person may publish, propagate, advocate or communicate words based on one or more of the prohibited grounds [which includes sexual orientation], against any person that could reasonably be construed to demonstrate a clear intention to be hurtful, be harmful or to incite harm and to promote or propagate hatred”.

Likewise, the NWU said in its statement: “As an institution, we remain committed to fostering an environment of respect and inclusivity. We pride ourselves in upholding and protecting the dignity of all members of our community regardless of race, political affiliation, religion, gender, or sexual orientation. We remain committed to diversity in all its forms; thus, we will not tolerate actions that seek to undermine a sense of belonging for our students, staff, and other stakeholders.”

Lucas Makoro from the NWU’s Student Judicial Services (SJS) told threestreamssedia that should the suspect or suspects be charged internally within the NWU judiciary, their possible punishment could include expulsion, suspension and a fine. He says the SJS is awaiting a formal docket of evidence from Protection Services before they can proceed further with a disciplinary hearing.

He also pointed out that the university must ensure they have a winnable case based on a balance of probabilities. Should the university proceed without sufficient evidence, it could face legal challenge on procedural grounds or claims of reputational harm. – By Delphinah Sibanyoni, Ntombikayise Mahuma,Thato Bosiu, Sibusiso Moledi and Angelique Rossouw.

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