The Veracity Of Restorative Justice Gaining Support In South Africa

1611 words - 6 pages

The Veracity of Restorative Justice Gaining Support in South Africa
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 punishment compared to the other. One will also need to take into account South African legislation and case law.
What is restorative justice?
Restorative justice is an approach to achieve reconciliation between the parties involved in a crime and other people who were affected by the harm done. Restorative justice is seen as a distinctive process. It is also seen as a set of unique values. Restorative justice is seen as being guided by the value of healing; whereas the criminal justice system (traditional justice) usually used compensates the hurt of crime with the hurt of punishment. Traditional justice tends to focus more on the crime that has been committed whereas restorative justice places emphasis on the future. It is further seen as an application of the spiritual teaching of criminal justice as well as a theory of social justice. Moreover, it has also been stated that restorative justice should be adopted as a lifestyle. Thus insinuating that we as a society should take to heart the values and principles of restorative justice and apply it in our individual lives. Restorative justice strives to achieve its primary objectives. These objectives involve taking the victim’s needs and circumstances into account. This objective is also extended to people who are close to the victim such as a spouse or parent. This objective was clearly seen in the S v Thabethe case. The court took into account that the offender was the breadwinner of the family and imprisonment would thus deprive his family financially. Another objective is that restorative justice aims to prevent the offender from committing the same crime again. Restorative justice also gives offenders the chance to own up to their actions. Judge Bertelsmann J confirms the two points mentioned above in the case of S v Maluleke. He stated that if restorative justice were used in appropriate circumstances, it would have a huge impact on preventing offenders from committing the same crimes again as it would encourage the offenders to take individual responsibility for their unlawful actions. This would thus aid in the process of the offenders returning and becoming part of society again. Lastly, restorative justice provides ways that prevent the increase of legal justice as well as the costs and interruptions that were involved.
Restorative Justice Jurisprudence
The judiciary of South Africa has not overlooked the progression of restorative justice. The Associations of Regional Court Magistrates of South Africa held a conference concerning...

Find Another Essay On The Veracity of Restorative Justice Gaining Support in South Africa

The Origins of Apartheid in South Africa

715 words - 3 pages INTRODUCTION: The term apartheid (from the Afrikaans word for "apartness") was coined in the 1930s and used as a political slogan of the National Party in the early 1940s, but the policy itself extends back to the beginning of white settlement in South Africa in 1652. After the primarily Afrikaner Nationalists came to power in 1948, the social custom of apartheid was systematized under law. The apartheid was a social and political

Purpose of Restorative Justice Essay

570 words - 2 pages Restorative justice is commonly used in today's courts, the main goal is to restore the victim, community and offender and to help them become "whole again". "Restorative justice is being seen as one of the tools in the tool box and one of the options that should be available for conflict resolution"(Hall, 2008). To accomplish this, the use of fines, restitution and community service are frequently used by sentencing judges. When restitution is

Women´s Knowledge and Power: The Importance of Gaining Support

2030 words - 8 pages It is not possible to be entirely self-sufficient. People need support to do well in society; they need to learn from the mistakes that their predecessors have made, as well as their triumphs. Throughout the interviewing process, as well as the class of Women’s Knowledge and Power, the importance of gaining support, having mentors, and never giving up has become abundantly clear. Without mentors, teachers, and friends the world would be full of

The Apartheid in South Africa

1347 words - 5 pages Party stayed in power by making sure only white people could vote. South Africa is placed at the bottom of Africa and is on the trade route for ships. That is why the white people started to set up a settlement so that they could start a new life and start a business for a stop off point for ships travelling around the bottom of Africa. Dutch were the first white people to move there because they wanted to escape persecution for their religion in

The Gospel In South Africa

1443 words - 6 pages settelers brought bitter disillusionment, that stood in stark contrast to their high hopes of coming to South Africa. The land given them by the British government of the Cape was unsuitable for agriculture, and their living conditions were appalling. The unnamed man who escorted the groups to their territory would always end his tour of their land by saying, “Gentlemen, when you go out to plough never leave your guns behind.” with that he would get on


1173 words - 5 pages youth delinquent behavior, the traditional justice system, its effectiveness and restorative Justice, and its application in reducing of reoffending in the United Kingdom. Youth delinquent behavior Just like the planning and initiation of any project the formative years of a child is very crucial to their futuristic outcome. Parents are usually saddled with this responsibility of the character formation since they are the primary institution in

The Liberation of South Africa

1552 words - 7 pages scenarios shown in figures 1 and 3 into equilibrium is figure 3. What is more, almost exclusively due to medical aid scheme subscription, the overall financing of healthcare in South Africa is very progressive. The results in the A&M Paper support this further by illustrating that the current financing mechanism is in favour of the poor in that it progressive (Figure 3). The information shown (See Figures 5 and 6 ) indicates that given different

The Arrival of the Gospel In South Africa

1680 words - 7 pages shores of South Africa had arrived. At the time people didn’t think much of it. In fact Schmidt was ridiculed for desiring to evangelize the oppressed Khoi Khoi people. The Reformed Church in Cape town had come to see the Khoi Khoi as less than human and beyond redemption . Some thought these natives didn’t have souls; resulting in the occasional shooting of Khoi Khoi while Dutch colonists were on hunting trips; they were just sport to them

A critique of the Truth and Reconciliation in South Africa

3284 words - 14 pages amnesty process. As one of the three committees of TRC, the amnesty process has been identified as legally “the most stringent and politically the most legitimate of amnesties granted in transitions to demoncracy over a period of more than thrity years.” (Van der Merwe and Audeary pp.93) However, the result of a survy of Institute for Justice and Reconciliation in 2001 revealed that the majority of South Africa people considered the amnesty process as

Basic Conditions of the Employment Act in South Africa

986 words - 4 pages South African business market. BEE is a process that needs all economic sectors in South Africa to work together. Each economic sector is responsible for a charter that describes their current working environment and are required for fulfilling BBBEE. BEE aims to do the following: • Increasing the number of black owned enterprises • The development of human resource and skills in previously disadvantaged communities • Achieving equal representation

Jazz Music of the 1920-1950’s in South Africa

1524 words - 7 pages Jazz music of the 1920-1950’s was a central feature in the urban culture of South Africa. This kind of music developed specifically in Johannesburg and a place called Sophiatown. It took root here due to the increasing urbanization of black South Africans in mining centers. This led to the development of slum yards and ghettos where new forms of cross music began to arise. Marabi, the type of music formed, was founded in a time of disparity in

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

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

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

The Legacy Of Apartheid In South Africa

1620 words - 6 pages in the history of Africa. Perhaps, one of the most blatant forms of racism occurred in South Africa, during the period of Apartheid. From 1948 to 1994 non-white Africans were subjected to horrific treatment, enforced by the South African National Party. The repulsive forms of racial segregation in South Africa, resulting from race and color, not only oppressed the colored majority group, but also denied them of any rights or human dignity