Is Restorative Justice Gaing Support In South Africa?

1752 words - 7 pages

Introduction

Punishment, central to any legal proceeding where the accused is found guilty, directly falls under criminal law and is determined by punishment theories. Whether South Africa is moving towards restorative justice approaches influences many aspects: it allows the protection of society, results in more of a crime-free life for the offender and it gives offenders the chance to learn from their experience, and gain insight into their behaviour and allows victims to handle their injustice. If South Africa is truly moving towards applying restorative justice principles in the resolution of disputes it will be evident in the legislation and recent case law in different fields; including crimes of child offenders, serious crimes and less serious crimes.

Restorative justice versus traditional theories

Punishment theories such as retributive and utilitarian approaches focus on the objective to ‘right the wrong’. Retributive theories are based mostly on theological principles; where the offender can only pay for his ‘sin’ by suffering. On the other hand, utilitarian approaches are focused on the legal and moral order and protecting society and potential victims from the offender. This approach also centers on using the deprivation of liberty, pain and suffering to deter potential offenders. Both of these theories focus on punishment as penance. Restorative justice, defined by Burchell, as “an essentially non-punitive [, or less punitive,] resolution of disputes arising from the infliction of harm, through a process involving the victim, the offender and the members of the community.”
Restorative justice focuses on the “healing of breeches, the redressing of imbalances and the restoration of broken relationships.”
Restorative justice principles are being applied in many facets of the criminal justice system; including serious crimes, lesser crimes and crimes of children. The majority of the cases favour the restorative justice principles and if they don’t there is adequate reason therefore. The State plays an extremely important role in the progressive use of restorative justice principles as it provides the legal framework for it and it evident that South Africa is supporting these principles. It is, however, important to consider that each case needs to be judged according to its own circumstances. In more serious cases, where minimum sentences are applicable, restorative justice principles are not always being applied. This is not to say that a combination of restorative justice principles and more ‘traditional’ theories of punishment cannot be used. However, Restorative justice shouldn’t be considered a ‘soft’ option that excludes the need for actual punishment. It can successfully serve many of the goals and shortcomings of traditional punitive methods; including deterrence, crime reduction, rehabilitation and incapacitation, while taking the victims interests into consideration. In many cases, restorative justice can be used...

Find Another Essay On Is Restorative Justice Gaing Support in South Africa?

Restorative Justice: Forgiveness is the Best Punishment

1300 words - 6 pages Restorative justice is concerned with healing victims' wounds, restoring offenders to law-abiding lives, and repairing harm done to interpersonal relationships and the community. It seeks to involve all stakeholders and provide opportunities for those most affected by the crime to be directly involved in the process of responding to the harm caused”. The Rwanda government has suffered a tremendous violent act in the loss of their two major

Apartheid in South Africa Essay

2552 words - 10 pages that blanket amnesty would not be granted in South Africa. The purpose of this commission was to “. . . investigate human rights abuses, . . . provide victim support to ensure that the Truth Commission process restores victims' dignity [and] . . . to consider that applications for amnesty were done [legally and fairly] . . .” (The Truth and Reconciliation Commission, The Committees of the TRC). This multifaceted TRC is composed of three

Apartheid In South Africa

2284 words - 9 pages Equals American Support Beginning in the mid 1960s, there was a push for American companies to disinvest in South Africa pending the abolishment of apartheid. Disinvestment is defined as the “withdrawal of U.S. firms from South Africa” (Massie 219). Until the mid 1980s, most companies fought to keep their feet inside of South Africa, regardless of apartheid practices. Several major American companies including Chevron, Citicorp, Ford

Investment in South Africa

1223 words - 5 pages it provided job opportunities to majority of South African blacks, for their families and dependants. By 1976, American companies in south Africa had employed more than 60,000 people, this ensured that they had something to rely on for their survival, another benefit is that Caltex provided support to south Africa’s economy hence aided the government in stabilizing general price level and controlling inflation, this prevented the shooting of

Morality in South Africa

643 words - 3 pages the genuine reconciliation that South Africa needs to emerge from the shadow of Apartheid? As rural poverty and starvation push millions of people out of rural and into urban communities, people migrate not as communities, but as individuals. Many settle in squatter shacks where there is no sense of community. As a result there is an absence of socially reinforced rules of conduct and morality. In these areas a shortage of appropriate housing

Apartheid in South Africa

847 words - 4 pages laws. F.W. De Klerk took over the government from the previous regime. He also made reforms including revisiting of the population act among others. In 1994, a new law came in and the people of South Africa elected a government, which brought to an end, the apartheid regime (Allen, 2005). Apartheid regime brought suffering to the people of South Africa. This is especially to the Black, since racial discrimination mainly targeted them. Police

Apartheid in South Africa

1347 words - 5 pages commitment to fight for justice and equality for all people in South Africa. In 1994, Nelson Mandela was elected to become the first black president of South Africa and formed a government that represented the people of South Africa. What was Apartheid? Apartheid was when people were segregated into different groups: White, Black, Indian, and Colored, as a government policy. In the South African language apartheid means separateness. In 1958 Blacks

Apartheid in South Africa - 1600 words

1600 words - 6 pages The word apartheid comes in two forms, one being the system of racial segregation in South Africa, and the other form is the form that only those who were affected by apartheid can relate to, the deeper, truer, more horrifying, saddening and realistic form. The apartheid era truly began when white South Africans went to the polls to vote. Although the United Party and National Party were extremely close, the National party won. Since they

Apartheid in South Africa

856 words - 3 pages all racist laws against blacks and all other minorities. Nelson Mandela is one of the great leaders of our time. A hero whose lifelong struggle to the fight against Apartheid in South Africa won him the Nobel Peace Prize and the presidency of his country. Since his release from prison in 1990, Mandela has been at the center of a struggle against the white minority in South Africa. Nelson Rolihlahla Mandela was born on July 18, 1918. After

Ecotourism in South Africa

1515 words - 6 pages species. According to the International Union for Conservation of Nature’s website, eleven of the 229 mammal species in South Africa remain endangered, fifteen vulnerable, and thirteen near threatened. Mining, which contributes to 18% of the GDP, is detrimental to air quality, causes deforestation, and releases toxic amounts of minerals and heavy metals into the soil and water (“Effects of Mining,” para. 1). Based on a case study from the

Agriculture in South Africa

1991 words - 8 pages increase as well or food imports should increase, but if production needs to increase this will need to be done by using the same amount of resources or possibly even less (Colin, 2014). Factors like what food production is critical will also be discussed .In this essay we will look at factors influencing the agricultural potential of South Africa’s soil , what the soil is used for , agricultural productions and why it’s so important… South Africa

Similar Essays

Restorative Justice Gaining Support In South Africa

1591 words - 7 pages 1 Introduction Punishment is central to any legal proceeding where the accused is found guilty. It falls directly under criminal law and is determined by punishment theories. Whether South Africa is moving towards restorative justice approaches influences many aspects: it allows protection of society and results in more crime-free life for the offender. Consequently, it gives offenders the chance to learn from their experiences, gain insight

The Veracity Of Restorative Justice Gaining Support In South Africa

1611 words - 6 pages The Veracity of Restorative Justice Gaining Support in South Africa Introduction Restorative justice has materialised greatly in South Africa’s jurisprudence, legislation, writings and practices. Is this a sign that restorative justice is gaining support in South Africa? To evaluate the veracity of this statement one will have to know the difference between traditional justice and restorative justice, in which the latter case is a less punitive

Restorative Justice In South Africa Can It Work?

1608 words - 6 pages Introduction In a society filled with crime, violence, and corruption prisons are overflowing and imprisonment often creates more hardened criminals, rather than creating rehabilitated persons. South Africa needs to adopt a less putative approach to the punishment of crimes, and restorative justice can either help achieve this or only worsen matters. In this essay I will evaluate this punishment theory with regard to case law, legislation and

Is Restorative Justice More Appropriate In Dealing With Young Offenders Than Conventional Criminal Justice?

2674 words - 11 pages This essay aims to make clear the system of restorative justice and its aims towards youth offending, whilst arguing points for and against the current system and whether or not it is more appropriate in terms of dealing with youth offending. It will also define restorative justice as well as defining what is meant by conventional justice. Making clear how and why these two systems came to be a part of youth justice whilst concluding as to which