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Abe, Toshihiro. Christian Principles in a Social Transition: The South African Search for Reconciliation

The South African Truth and Reconciliation Commission (TRC) has been argued as one of the prominent cases by which post-confl ict societies coped with diffi culties. Discussions have tended to criticize its effectiveness and limits. That tendency is more marked when the discussion is on the applicability of that kind of activity to another society. This paper features the particularity of South African society without particular evaluation of the TRC, especially dealing with its religious implication. This standpoint is effective for the analysis of the transitional society which is identifi ed from its relative lack of legitimacy on due process. This paper traces some religious discourses, which have affected the TRC body implicitly and explicitly in historical transition. Two prominent fi gures to whom I give my attention are Desmond Tutu and Charles Villa-Vicencio. However the two Christians’ discourses have incompatibilities with each other to some extent, both still show a tangency which can be interpreted as a unique function in a sheer estrangement of post-Apartheid transitional society. Tutu’s Ubuntu (cultural syncretism) and Villa-Vicencio’s restorative justice through negotiation (political secularism) are considered in this context, and both suggest that they let the ‘divided’ people negotiate over confl icting plurality in a transitional society. Author's abstract.

Abrahamsen, Therese and van der Merwe, Hugo. Reconciliation through Amnesty? Amnesty Applicants' Views of the South African Truth and Reconciliation Commission

While much has been written about the TRC's amnesty process, this study seeks to address a serious gap in the research. Through an empirical evaluation of the perpetrators' own experiences of the amnesty process, this study addresses the need for a better understanding of how the amnesty process worked in practice, how it managed to draw perpetrators into applying for amnesty, how they felt about the process, how their lives were affected by the amnesty process, and whether and to what extent a public, conditional amnesty process served as a vehicle for achieving reconciliation between former perpetrators and survivors of gross human rights abuse and the reintegration of perpetrators into society. In order to complement this insider perspective of the amnesty process, this study also draws from interviews with former TRC staff and lawyers who were involved in every step of the amnesty process; from assisting applicants with their applications to representing them during the hearings. The aim of this report is both to inform further intervention with ex-combatants in South Africa, and to provide some insights that may guide other international efforts to engage perpetrators of human rights abuses in conditional amnesties, truth seeking, restorative justice and reconciliation processes. (excerpt)

Abrahamsen, Therese and van der Merwe, Hugo. Reconciliation through Amnesty? Amnesty Applicants' Views of the South African Truth and Reconciliation Commission.

While much has been written about the TRC's amnesty process, this study seeks to address a serious gap in the research. Through an empirical evaluation of the perpetrators' own experiences of the amnesty process, this study addresses the need for a better understanding of how the amnesty process worked in practice, how it managed to draw perpetrators into applying for amnesty, how they felt about the process, how their lives were affected by the amnesty process, and whether and to what extent a public, conditional amnesty process served as a vehicle for achieving reconciliation between former perpetrators and survivors of gross human rights abuse and the reintegration of perpetrators into society. In order to complement this insider perspective of the amnesty process, this study also draws from interviews with former TRC staff and lawyers who were involved in every step of the amnesty process; from assisting applicants with their applications to representing them during the hearings. The aim of this report is both to inform further intervention with ex-combatants in South Africa, and to provide some insights that may guide other international efforts to engage perpetrators of human rights abuses in conditional amnesties, truth seeking, restorative justice and reconciliation processes.(excerpt)

Al-Kassim, Dina. Archiving Resistance: Women's Testimony at the Threshold of the State.

Increasingly today, Fanon's imagination of the postcolonial subject of difference is reconceived in the mode of an international human rights discourse along the lines of reconciliation and reparations. South Africa's Truth and Reconciliation Commission has become the paradigmatic instance of a state mechanism capable of inducing the change from nationalist to politico-social consciousness; so pervasive is its influence that Moroccan and Algerian commissions refer explicitly to the South African example and openly cite it as a model of reconciling the people. This article examines the ways that women's testimony of political violence is called upon in the nationalist postcolony to signify both a primitive sphere outside the boundaries of national memory and public debate and the progressive character of inclusion at the advent of the new state. This paradox is illustrated in the South African TRC's commitment to symbolic reparation and to providing a space for women's testimony despite the refusal of most women to testify. What conceptions of the human are naturalized in state-mandated projects of healing that depend upon such narratives? What new forms of subjection and resistance await the citizens of the modern postcolonial state? It is with these questions about the power of the symbol to deny `voice' while granting the rights of speech that I turn to Asia Djebar's Blanc de l'Algérie, Antjie Krog's Country of My Skull and Zoe Wicomb's David's Story as a counter to the politics of testimony. (author's abstract)

Anderson, A M. Restorative Justice, the African Philosophy of Ubuntu and the Diversion of Criminal Prosecution

South Africa is in a state of transition; it is a country on the verge of major political, constitutional, social, and economic changes. The paper discusses one such change: the movement towards a process of diversion in the criminal justice system. Diversion is defined as the disposal of suitable criminal cases in a matter other than traditional prosecution. Methods of diversion may include conditional discharges, simplified procedures, or the decriminalization of certain conduct. The paper explores the emerging methods of diversion in South Africa and discusses issues pertinent to diversion for both juvenile and adult offenders. Next, the principles of restorative justice are reviewed and the South African term Ubuntu is discussed. The paper compares principles of Ubuntu to elements of restorative justice and argues that restorative justice could play a major role in the emerging diversion process in South Africa. The paper outlines how the restorative justice model embodies the principles found in Ubantu by illustrating how both encourage consensus, agreement, and reconciliation. Abstract courtesy of National Criminal Justice Reference Service, www.ncjrs.org.

Baptista, Daniela and Wood, Catherine. Evaluating the SayStop Diversion Programme: Findings From the First Follow-up Study.

This longitudinal study evaluates the outcomes and impact of the diversion programme developed and piloted on three occasions by SAYStOP (South African Young Sex Offenders Project) between 1997 and 1999. Method. The study set out to determine the effectiveness of the programme through gauging recidivism rates, assessing the impact of the programme content, and exploring the children's experience of attending the diversion programme. Semistructured interviews were conducted with children, who had attended one of the initial three SAYStOP diversion programmes and their caregivers. The interviews were conducted after a minimum time period of twelve month had past since their completion of the programme. Research problems resulted in only six of the 28 boys being interviewed. Results. The results suggested that SAYStOP had developed an intervention useful for holding children who have committed sexual offences accountable and providing them with an opportunity to reflect on their abusive behaviour. The sessions appeared to be fairly successful in accomplishing their individual aims and objectives. In particular, the children assessed seemed to have developed insight into their victim's feelings and realised the importance of responsible decision-making. Group work seemed to be necessary and a beneficial aspect. None of the children interviewed reported any sexual re-offending subsequent to attending the programme. The study highlighted numerous research and methodological difficulties inherent in this type of longitudinal evaluation study. These problems and recommendations for future follow-up studies are discussed. Conclusion. This study, while limited, provides initial support for the continued use of the SAYStOP diversion programme when dealing with certain types of children accused of committing sexual offences. Authors' Abstract.

Batley, Mike and Maepa, Traggy. Introduction.

In this introduction, Batley and Maepa outline issues of public safety in South Africa and the applicability of restorative justice. They then give a brief overview of the monograph.

Batley, Mike. Outline of relevant policies.

This article examines the policy initiatives developed in South Africa to address restorative justice issues. Among the categories analyzed are legislation, South African Reform Commission projects, policy white papers and strategies. Specifically, Batley examines the Probation Services Amendment Act, the Child Justice Bill, and Reform Discussion papers concerning a new sentencing framework, Community Dispute Resolution Structures, and out of court settlements. The policy white papers discussed are the White Paper for Social Welfare and the White Paper on Safety and Security. Batley concludes that these strategies and policies have provided a positive framework that needs to be implemented in order for restorative justice to take hold in the South African justice system, noting that the principles are sound, but it remains to be seen whether their implementation will achieve the desired results. Abstract courtesy of the Marquette University Law School-Restorative Justice Initiative http://law.marquette.edu/cgi-bin/site.pl?2130&pageID=1831

Bogopa, D.. Critique on Traditional Courts, Community Courts and Conflict Management.

This study examined traditional and community courts in South Africa and their ways of managing conflict, with attention to the factors that have drawn the most criticism. Among South Africa's traditional courts, the tribal court is the highest court in the tribe. The chief is the only person who is authorized to pass judgment. Adult men in the tribe play a central role in assisting the chief in his judicial duties. Adult men attend court sessions and may participate in the cross-examination of the parties to lawsuits as well as witnesses. Traditional courts settle disputes that involve two parties, for example, a victim and an offender. In criminal cases, the traditional court attempts to reconcile the victim and offender. Civil and criminal cases stemming from the same event are often heard simultaneously. An offender may be sentenced to some punishment and to the payment of compensation. The accused person must prove his/her innocence. There is no legal representation. Community courts are created by communities in order to deal with disputes locally. These courts tend to be formed in communities where the police have failed to address crime over a long period of time. Critics view these courts as vigilante courts based on cases in which alleged offenders were killed or severely injured only to be subsequently found innocent. Case studies are presented to show instances of brutality without determining the merits of the case, bias by the courts against defendants, mob influence in court decisions, bias against women, and lack of training for court officials. The South African Law Commission (1999) has recommended that traditional courts continue to be recognized where they are already established, but with the assistance of paralegals appointed by the Ministry of Justice. (Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.gov)

Choudree, R.B.G. Traditions of Conflict Resolution in South Africa

In the domain of law, and elsewhere, 'alternative' dispute resolution can be used in more than one way. It may signify a recognition that there are other methods than litigation, and that these may sometimes be more appropriate. But it may also serve as a label for methods which are frowned upon as popular but amateurish. This article is written from the perspective that the deep roots and valid reasons for traditional conflict resolution methods and customs should be taken seriously. They form part of time-proven social systems, in which the objective is usually more than just settling a case. Such methods, whether they include more adjudication or more mediation, are especially oriented towards reconciliation and the maintenance or even improvement of social relationships. Representative examples from a few South African societies are discussed, as well as the current situation of Western and customary law, modern courts and tribal courts, legal professionals and traditional leaders. Possibilities for the future are pointed out, in an increasingly urbanised South Africa, but a South Africa with a new Constitution.

Coetzee, Charles. The Circle of Courage: restorative approaches in South African Schools.

An entirely different approach is needed regarding the way in which troubled learners are perceived and approached. The removal of traditional punitive methods has left many educators unequipped for youth showing destructive behavior. This article reviews the shift towards a restorative approach within education in the Western Cape, South Africa. (excerpt).

Cole, Catherine M.. Performance, Transitional Justice, and the Law: South Africa’s Truth and Reconciliation Commission.

How did the TRC’s performative conventions, modes of address, and expressive embodiment shape the experience for both participants and spectators? How is performance being used in the larger field of transitional justice and human rights law? Is performance being embraced by truth commissions as a means to assimilate traumatic history into public memory, and, if so, how? Such questions are not only of paramount importance to the world and to the field of international law and human rights, they are also questions that our field—theatre and performance studies—is uniquely equipped to answer. Yet to date, we have not ventured into this field nearly to the degree that one might expect given the prevalence of “performance” within the discourse and operations of transitional justice. My objective in the brief span of this essay is not to provide answers, but rather a more careful parsing of the necessary questions to be asked if theatre and performance studies scholars are to contribute to the field of transitional justice. I will do so with particular focus on South Africa’s Truth and Reconciliation Commission. (excerpt)

Colvin, Christopher J.. 'We Are Still Struggling': Storytelling, Reparations and Reconciliation after the TRC.

Since the inception of the Truth and Reconciliation Commission, the twin projects of 'healing' and 'reconciliation' have gained prominence as key elements of a particular model of socio- political transformation being articulated in South Africa. Though by no means universally accepted, an emphasis on the ideas of healing and reconciliation formed the focus of much of the TRC's self-presentation, the government's support for the TRC and the media's representation of its work. As the most public, most publicised and best funded and supported of healing and reconciliation projects, the TRC provided both the impetus and the model for many of the parallel and subsequent projects in civil society that have tried to add to, complement, extend and critique the work initiated by the TRC. As Undine Kayser mentions, however, there remain 'few institutionalised post-TRC spaces for South Africans to practically engage with personal memories and the apartheid past' (Kayser, 2001, p. 3). This report considers one of those institutionalised spaces: the Cape Town Trauma Centre for Survivors of Violence and Torture and the Western Cape Branch of the Khulumani Support Group that grew out of the work of the Trauma Centre. Like the TRC, these two groups confront past memories of violence and abuse in an attempt to heal from and overcome the emotional toll these memories continue to exact. However, the contexts examined here are different to that of the TRC and the work, at least of the support group, is often oriented towards meeting longer-term economic survival and political advocacy needs as much as to enabling psychological recovery. Though the Trauma Centre facilitates a range of programmes that might be considered part of the broader project of healing and reconciliation, this report will focus on one of its programs, the Torture Project, and in particular, the now-independent victim support group that grew out of the work of that project. What follows is both a description of the development and current activities and organisation of these two groups as well as a consideration of the impacts of their work, the challenges they face and the broader issues they raise about the problems of bringing about personal, social and political change in post-apartheid South Africa. This report will focus on the work of the support group, and in particular, on the work and perspectives of the group's executive committee. (excerpt)

Court Ruling Upholds Principles of Restorative Justice, Overturns Shaming Sanction

In January, a ruling from the High Court of South Africa (Eastern Cape Division) set aside a lower court ruling requiring a defendant convicted of six counts of fraud to publicly wear a placard announcing her guilt and asking her victims for forgiveness. In setting aside this one aspect of the sentence, the High Court referenced both the unconstitutionality of the sanction and its departure from the principles of restorative justice.

Dissel, Amanda. Restorative Justice Initiative Research Report on the Victim Offender Conferencing Project: November 2002 to October 2003

The Restorative Justice Initiative raised funds for a third year of Victim Offender Conferencing in its four partner sites: Alexandra Community Law Clinic, Odi Community Law Clinic, Conquest for Life in Westbury, and the West Rand Justice Centre. The project has been supported by the Open Society Foundation during the three years. The proposal sought to ensure that the VOC project would continue for a further year, but it also sought to test VOC in relation to more serious offending. The current year was intended to focus on serious offending (such as assault with intention to inflict grievous bodily harm) and domestic violence. It was also intended to pilot mediations at custodial institutions. Because the nature of cases was meant to be different, requiring more detailed preparation, the number of cases to be handled by each site was reduced to thirty cases in the year. In fact, each site was paid for 36 mediations, or three a month (a total of 144 cases). This report reviews the cases dealt with during the 2002/03 year, compares them with cases mediated in the previous two years, and reviews whether these cases did indeed fulfill the expectations of testing VOC with more serious cases and domestic violence. (excerpt)

Dissel, Amanda. Restoring the Harmony: Piloting Victim Offender Conferencing in South Africa

The Victim Offender Conferencing project was a pilot project that sought to build on restorative justice experiences described above.

Editor. Court Ruling Upholds Principles of Restorative Justice, Overturns Shaming Sanction

"In January, a ruling from the High Court of South Africa (Eastern Cape Division) set aside a lower court ruling requiring a defendant convicted of six counts of fraud to publicly wear a placard announcing her guilt and asking her victims for forgiveness. In setting aside this one aspect of the sentence, the High Court referenced both the unconstitutionality of the sanction and its departure from the principles of restorative justice." (Abstract)

Editor. Pickering, J. 2008. Antoinette Saayman vs. The State. Case No:CA&R 82/2007. High Court of South Africa. (Eastern Cape Division).

"In January 2008, a ruling from the High Court of South Africa (Eastern Cape Division) set aside a lower court ruling requiring a defendant convicted of six counts of fraud to publicly wear a placard announcing her guilt and asking her victims for forgiveness. In setting aside this one aspect of the sentence, the High Court referenced both the unconstitutionality of the sanction and its departure from the principles of restorative justice." (Abstract)

Fields, Shawn. Private Crimes and Public Forgiveness: Towards a Refinded Restorative Justice Amnesty Regime.

Both restorative justice and amnesty involve complex and controversial issues that lend themselves to lengthy analysis.Likewise, the nexus between restorative justice and amnesty offers a wealth of interesting topics that have and undoubtedly will continue to be discussed and debated. However, this paper is necessarily limited in its scope. Consequently, this paper will not address the legal legitimacy of amnesty, nor will it address the moral contours of amnesty beyond those implicated by restorative justice. Similarly, this paper will not examine the merits of alternative justifications of amnesty. While the scope of this paper does not lend itself to a historical discussion of amnesty, the South African experience will serve as a general case study. Finally, this paper will not directly assess the merits of restorative justice as a theory of criminal punishment, although some of the criticisms implicitly involve criticism of restorative justice theory.This paper will focus on the specific use of restorative justice as a basis for granting conditional amnesty. To that end, Part II will briefly discuss the difference between conditional and unconditional amnesty, and explain why unconditional amnesty can never serve the interests of restorative justice. Part III examines the restorative justice model, both as a general theory of criminal punishment and as applied to amnesty situations. Part IV critiques the use of classical restorative justice as a justification for amnesty, focusing largely on the South African experience. Part V offers recommendations for a refined restorative justice amnesty regime, and Part VI concludes with a brief summary. (excerpt)

Frank, Cheryl and Ann Skelton. 2007.Practice Standards for Restorative Justice: A Practitioner’s Toolkit.

This Toolkit presents a set of “Practice Standards for Restorative Justice”, and consists of a set of tools to guide their usage. The intended purpose of these standards is to guide the implementation of restorative justice programmes and processes linked to the criminal justice system. The standards presented here were developed from a review of literature in the field of restorative justice, and consultations with stakeholders in this field. They are specifically derived from a range of restorative justice values and principles ... (excerpt)