South Africa

Provides a listing of articles on restorative justice developments in South Africa. Articles appear in the order in which they were added to the site with the most recent appearing first.

Capito, Benjamin and Goredema, Charles and Fundira, Bothwell and Goba, Ray and Munyoro, Joseph and Banda, Jai. Confronting the Proceeds of Crime in Southern Africa: An Introspection

The six authors all address money-laundering in Southern Africa, with each author concentrating on a different country. Banda describes legislation in Malawi designed to fight money-laundering. Munyoro posits that there is still much work to do in Zambia and then considers what areas specifically need improvement. Fundira examines three scenarios that have particular application to Zimbabwe. Goredema reviews what South Africa has done to stop money-laundering and financing terrorism. Goba analyzes the state of money-laundering in Namibia. Capito explores what measures have been implemented in Mozambique.

Chapman, Audrey R. Truth commissions as instruments of forgiveness and reconciliation

Chapman opens her chapter by asking whether truth commissions promote forgiveness and reconciliation. To begin to answer, Chapman orients the reader to the basic nature and purposes of a truth commission. Moreover, as some truth commissions have a mandate to go beyond truth to promote reconciliation, she discusses the issue of balancing truth and reconciliation. A review of several theological interpretations of forgiveness adds to her treatment of truth and reconciliation. She then specifically relates these themes to conceptions of national or political reconciliation. Throughout her study of forgiveness and reconciliation in relation to truth commissions, she provides particular examples from the Truth and Reconciliation Commission in South Africa.

Child Justice Act undercut from within

from the article by Don Pinnock in the Mail & Guardian Online: 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.

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.

Cilliers, C. H. and Khoza, V. I. and Michell, L. J. and Potgieter, P. J.. Correctional Officers' Perceptions of Restorative Justice

The contemporary criminal justice model has focused heavily on retribution and on the punitive punishment of offenders. Shifts have been occurring in this dominant criminal justice ideology that push for more restorative models of justice, which involve the active participation of the offender, victim, and community in restoring justice to all parties. An integral part of this process is the acceptance of responsibility by the offender. The current study assessed how correctional officers at seven correctional centers in South Africa perceive aspects of restorative justice. Participants were 401 arbitrarily selected correctional officers, representing all ranks, who completed a closed, structured questionnaire that probed perceptions of restitution, restoration between the offender and victim, rehabilitation, and prison overcrowding. Results are delineated based on gender and rank of responding correctional officer. Overall, the findings suggest support for a restorative justice model, particularly the aspects of monetary compensation for crime victims and the rendering of services by offenders to communities impacted by their offenses. Results also indicate that correctional officers believe a restorative justice model can reduce recidivism and reduce prison overcrowding. Abstract courtesy of National Criminal Justice Reference Service, www.ncjrs.org.

Clark, Janine Natalya. Youth violence in South Africa: the case for a restorative justice response.

Crime presents a fundamental challenge in South Africa. Particularly disturbing is the prevalence of violence committed by and against young people. The main purpose of this article is to look at how South Africa should deal with the issue of youth violence. It argues that while structural violence constitutes a significant contextual cause of the phenomenon, a more proximate and specific cause lies in young people’s exposure to direct violence in their schools, homes and communities. In many cases, therefore, simply sending young people to prison – where they may experience even greater levels of violence – is not the answer. This article thus examines the potential merits of restorative justice as a response to the problem of youth violence, focusing particularly on the 2009 Child Justice Act. This research is based on fieldwork in South Africa and draws upon both the author’s qualitative interview data and a range of surveys with young people conducted by the Center for Justice and Crime Prevention in Cape Town. (author's abstract)

Clark, Janine Natalya. Reconciliation via truth? A study of South Africa's TRC.

Within the transitional justice literature, there is much speculation about the relationship between truth and reconciliation, yet little concrete empirical evidence. This is perhaps unsurprising, as measuring this relationship and proving causation poses significant challenges. Focused on South Africa's truth and reconciliation commission (TRC), the aim of this article is not to definitively answer the question of whether truth leads to reconciliation but rather to explore possible ways of gauging and assessing this. To this end, it poses and engages with three subquestions: Is truth-telling healing for victims, how much truth is needed for reconciliation, and is it enough that people simply accept the truth? The article's principal argument concerns the third of these questions. It proposes that for reconciliation to take place, acceptance of the truth is not sufficient. The truth must penetrate society to the extent that it helps to bring about fundamental changes in the way that people live their daily lives and relate to one another. Hence, in order to measure whether truth aids reconciliation, one possible approach is to focus on the practical and attitudinal effects of truth within a society. The impact of truth on behavior and outlook is an important area for future research. This is an empirical study that draws upon 15 semi-structured interviews conducted in South Africa in July and August 2010. (author's abstract)

Cloete, G. Daan. South Africa and Paul's Letter to the Galatians: A Struggle with Ethnicity and Race

Cloete delves into the implications of Paul's letter to the Galatians for race relations. He argues that Paul's words are meant to expose theological and ethnic prejudices that Jews had against Gentiles so that he can argue for the equality of Jews and Gentiles in Jesus Christ. Evolving past these old views and identifying with brotherhood in Christ allows a new identity beyond race and a new morality beyond legalism to develop. Thus, Paul implicates prejudiced race relations but also suggests that healing and growth beyond a fractured ethnic backdrop is possible.

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.

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.

Cronje, Karin and Jaffer, Zubeida. Cameras, Microphones and Pens

This publication is a report about the personal and professional trials endured by the reporters who were covering the South African Truth and Reconciliation Commission's hearings. It includes academic criticism of the effectiveness of the trials as well as positive personal testimonies from those who were directly impacted by them.

Danaher Jr, W.. Music that will bring back the dead? Resurrection, reconciliation, and restorative justice in post-apartheid South Africa.

This essay explores how the doctrine of the Resurrection informs theological reflection on reconciliation in post-Apartheid South Africa. It begins by establishing the fragile and liminal state of reconciliation, despite the efforts of the Truth and Reconciliation Commission. It then argues that the Resurrection offers an ecstatic and relational understanding of the human, which in turn provides a basis for advancing claims regarding human dignity and well-being. In conversation with the work of Oliver O'Donovan and James Alison on the Resurrection, this view is further contextualized by incorporating insights from ubuntu and from the work of Judith Butler on grieving. The essay closes with proposals for how the church in post-Apartheid South Africa can give witness to the Resurrection in its immediate life and work through advocacy and carrying on the politics of grieving. (author's abstract)

Degenaar, Johan. Multiculturalism: How Can the Human World Live Its Difference?

In this chapter, Degenaar conceptualizes what the ambiguous term "multiculturalism" means for a human race increasingly faced with its multicultural nature. He also debunks some of the rhetorical uses of the word by distinguishing between types of multiculturalism and the nature of difference. He proposes that the presence of difference does not justify difference-based oppression, but rather that a society that is democratic both politically and civilly is the the only way in which multiculturalism can be fully realized.

Dissel, Amanda and Muntingh, Lukas. Alliance for Crime Prevention Position Paper on Corrections

The purpose of this paper is to explore the relationship between the Department of Correctional Services (DCS) and what is known as "social crime prevention". In other words, does the DCS have an obligation or task towards those social, economic and environmental factors that are conducive to crime, and if they do, what should its approach be? Most crimes are committed outside of prisons where it affects the free population and the question needs to be asked if DCS has any responsibilities outside the walls of the prison. Logically the answer is yes, but in practical terms, the answer is more complicated. The realities of community life, poverty, development and politics make it starkly different from the prison set-up where the DCS is in control of the situation. This paper will explore this relationship between the DCS and social crime prevention looking at a number of themes: the contextual background of the DCS; legislative, policy and practice gaps; the Draft Green Paper on Corrections (DGP); social exclusion and inclusion; opportunities for the future. (excerpt)

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.

Dyzenhaus, David. Debating South Africa's Truth and Reconciliation Commission.

Introduces a series of articles about South Africa’s Truth & Reconciliation Commission (TRC). Impact of the TRC on the administration of justice; Challenges to the TRC posed by its apparent failure to do retributive justice; Embodiment of restorative justice by the TRC.