Confronting exclusion: Time for radical reconciliation
from the report by Kim Wale:
The 2013 South African Reconciliation Barometer (henceforth SARB or Reconciliation Barometer) Report pays closer attention to the relationship between reconciliation, inequality and exclusion. It posits that reconciliation becomes difficult when social divisions are the result of unequal power relations that are being perpetuated in society. Reconciliation, exclusion and inequality are intimately tied to one another. More often than not an imbalance in power results in the material, symbolic, political and social exclusion of marginalised sectors of society.
Tending deep wounds
In October, Prison Fellowship South Africa held its last scheduled Sycamore Tree Project® (STP) course for 2013 in Pretoria Women’s Correctional Centre. The 18 prisoners and six victims addressed many issues related to crime and the harm that it causes. For one, the programme offered an opportunity to address the deep wounds of racism and violence from her country’s past.
South Africa: Judging Ubuntu and Africanisation of the Child Justice Act
from the article by Khunou Samuel Freddy on All Africa.com:
The attention for the child justice system in the new South Africa has not only been inspired by the new constitution-based rights of children in conflict with the law, but also international law and the general principles of ubuntu and jurisprudence of African traditional justice.
In compliance with the precepts of international law and the 1996 Constitution, the national parliament promulgated the Child Justice Act 75 of 2008 (CJA) to establish a criminal justice system for children.
The CJA also expands on and entrenches the principles of restorative justice. Previously in South Africa, the Children's Protection Act 25 of 1913 (CJ) was the embodiment of the trend towards child justice. This act permitted the presiding officer to decline to continue with a criminal trial against a child and to then commit the child to a government industrial school.
Parole, release and restorative justice: Minister and National Council for Correctional Services
The meeting provided an opportunity for the Portfolio Committee (PC) to engage with the Minister and the National Council for Correctional Services (NCCS) on matters of parole and release, with particular emphasis on the position of those sentenced to life imprisonment (lifers) and the role of the restorative justice processes.
Activists berate Traditional Courts Bill in South Africa
The controversial Traditional Courts Bill, which its critics say will take the country back to the era of bantustans, is set to come under scrutiny at a series of public hearings in KwaZulu-Natal.
The sponsor of the bill, the Department of Justice and Constitutional Development, argues that the legislation seeks to affirm the recognition of traditional justice and its values based on restorative justice and reconciliation.
from the entry by Maanda Ntsandeni on Aljazeera:
....My journey to making Parole Camp began four years ago when a friend, Andrew May, invited me to South Africa's Pollsmoor Prison. Andrew, an American studying for his Masters of Law degree, was running a class on the Restorative Justice System for inmates approaching their release.
Like many South Africans frustrated by the country's soaring crime rates, I was deeply prejudiced towards anybody who had served time in prison - choosing to focus on my belief that they deserved punishment while overlooking the fact that they had served their dues behind bars.
Child Justice Act undercut from within
Even before it began the rocky climb through the parliamentary process, the Child Justice Bill was considered to be internationally path-breaking legislation. It was born in the euphoria of the early 1990s in a country where youth had been considered politically lethal, whipping was a sentence, imprisonment the standard response to wrongdoing and torture considered a legitimate interrogation method.
The new legislation sought to provide restorative justice by diverting child offenders from this punitive justice system and keeping them out of prisons, which simply hardened criminality. It devised ways to work with offenders and victims to restore harmony in the community where the crime took place. Punishment would be tailored to the crime and dealt in a way that maintained the self-respect of the offender as well as the approval of both community and victim.
Stefaans Coetzee is the face of restorative justice
from the article by Bobby Jordan in The Sunday Times:
....Today is no ordinary day for the 33-year-old who grew up in an orphanage in Winburg in the Free State. Head slightly bowed, he looks up at two imams who have finally been allowed to visit him at Pretoria Central Prison. Their two previous attempts failed. The imams are from Rustenburg, where some of their congregation were nearly blown up by two Wit Wolwe bombs outside their mosque.
Now they want to ask Coetzee what it was all about.
A humanist defence and critique of the South African Truth and Reconciliation Commission
....In order to build more authentic truth and reconciliation commissions in the future, it is also important to acknowledge the largely inauthentic, instrumentalist political foundations of the TRC project.
Restorative Justice Centre helps change Roman Dutch law:
from RJC's website:
....The Restorative Justice Centre entered as amicus curiae in Le Roux v Dey, represented by the Centre for Child Law. Their submissions argued the common law should be developed to include a procedural step requiring reasonable engagement before court proceedings can be lodged. This way attempts to apologise must be the first resort, that failing, court proceedings may then be implemented. This is particularly important in cases involving children, as they are still developing and will naturally make mistakes as they grow and develop. The submissions were largely successful.