I.
Best practices
i)
Restorative Justice Project
Restorative or relational justice is an approach to crime that focuses on healing relationships
and repairing the damage crime causes to individuals and communities. Restorative Justice is
a problem-solving approach to crime which involves the parties themselves, and the
community generally, in an active relationship with statutory agencies. The concept has been
accepted for some time by governments, communities, organisations, interest groups, and
even by courts that are looking for more constructive ways to deal with crime.
As more programs and initiatives on how to enhance the justice system are developed,
questions are being raised as well - how do we balance the needs of victims, communities,
and offenders and ensure that everyone’s rights are respected? What is the most effective
relationship between government and the community in developing these programs? How
can we ensure that restorative processes do not end up restoring unequal or even dangerous
situations?
Over the past decades the South African public has become increasingly interested in
alternative ways of resolving conflict and preventing crime. Many believe that the courtbased, adversarial system needs to be supplemented by other approaches that allow for the
active involvement of victims, offenders, and communities. Restorative justice tries to meet
these needs by addressing the harm that a crime has caused to the victim, the community,
and even the offender. The goal is to repair the damage caused by crime as much as possible,
to restore harmony and stability, and to prevent further crime from occurring20.
Recent years have seen a growing interest in the concept of restorative justice in South
Africa. In November 2001, the Department of Correctional Services held a conference to
launch its new "restorative justice approach". Although other government departments have
included restorative justice in their policy documents and the government has sponsored
pilot projects, this was certainly the most highly publicized policy statement on restorative
justice by the South African government. Another conference entitled “Restorative Justice
and Community Facilitation” was hosted by the African Christian Democratic Party and
funded by the Konrad Adenhauer Stiftung. The conference was not party political, with speakers
and attendees representing a range of political backgrounds, different faiths and secular
organizations. On 21 November 2001, the South African Cabinet approved the Child
Justice Bill for introduction into parliament. This once again demonstrates the South African
government’s commitment to restorative justice policy as the Bill is based firmly on
restorative justice principles. The government is seeking a moral regeneration, to fight crime
and links this idea firmly to restorative justice, which it has characterized as giving
communities more of a stake in the criminal justice system.
20
RESTORATIVE JUSTICE IN CANADA,. A Consultation Paper - May 2000. A national
consultation, paper prepared by the Federal-Provincial-Territorial Working Group on Restorative
Justice in Canada.
59
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents