The aim of this study was to critically examined the juvenile justice system with regard to the theory of restorative justice as a better alternative to the punitive system that recognizes the rights of children as human rights is in line with the convention on the rights of the child. This research looked at punishment as a penal option, which the court imposes on a person for committing a crime. By means of a case study with regards to the One Stop Youth Justice Centre in Port Elizabeth, this study argued that the restorative method of dealing with youth offenders is a better alternative in contrast to the punitive system.

No abstract available. / Thesis (M.A.)-University of KwaZulu-Natal, Durban, 2005.

The research focuses on the human dignity of prisoners and their families. The dominant human rights perspective of human dignity in terms of retributive justice is critiqued for its punishment approach of imprisonment which does not meet the benchmark of respecting human dignity but instead perpetuates experiences of indignity for prisoners and their families. While the approach of human rights under restorative justice as opposed to retributive justice is supported as a better approach to counter indignity, it’s dominant approaches are also shown to particularly overlook the dignity of prisoners and their families by often not focusing on their plight, and neglecting the very values of restorative justice. A case study of the Phoenix Zululand restorative justice programme, in KwaZulu-Natal South Africa confirms that a restorative justice approach that respects these values can re-humanise prisoners and their families. The study includes a discussion of the Christian perspective on human dignity, which forms a basis for a theological response to the indignity experienced by prisoners and their families. The concepts of Imago Dei and Imago Trinitatis as fully revealed in Jesus Christ lay the foundation for human dignity in the Christian perspective. The study concludes by showing how this theological basis has implications for the Church in working with prisoners and their families and also highlights some areas for future research. / Thesis (M.Th.)-University of KwaZulu-Natal, Pietermaritzburg, 2011.

The aim of this study was to critically examined the juvenile justice system with regard to the theory of restorative justice as a better alternative to the punitive system that recognizes the rights of children as human rights is in line with the convention on the rights of the child. This research looked at punishment as a penal option, which the court imposes on a person for committing a crime. By means of a case study with regards to the One Stop Youth Justice Centre in Port Elizabeth, this study argued that the restorative method of dealing with youth offenders is a better alternative in contrast to the punitive system.

The levels of crime and violence in South Africa seem to go hand in hand with the increase in the number of police practitioners. However, despite all the work going into it, “nothing seems to reduce the general trend” (Burger 2007:1). Domestic violence, for instance, is one of the major challenges practitioners are faced with on a daily basis at all levels in South Africa (Bendall 2010:100). Nonetheless, the country has yet to recognise this specific type of violence as a crime in their official crime statistics (SAPS 2010). Domestic violence has, in fact, struggled to become recognised as one of the most serious types of crime in today‟s society. This might be explained in terms of the developments that have occurred – both in international research and in the domestic realm – especially in terms of the ever-changing nuclear family. However, this could also be explained in the way such violence is treated by the South African Police Service. Nonetheless, it appears that a significant amount of research has been undertaken on the nature and impact of domestic violence, including the various responses and strategies to its management. However, it seems as though no-one can come up with a proper solution to this problem. In terms of violence in general, a number of different researchers in the field have suggested possible explanations to the problem. Burton, for instance, explained violence in terms of the neglect of basic human needs, the need for identity and the need for control. This author suggested that if these basic needs are frustrated, violence could be expected to occur, including violence within the family. Moreover, some violent behaviour could be described in terms of a loss of control of the situation and the management thereof. It is especially in these circumstances that conflict management techniques are to be highly recommended. Mediation – or facilitation – collectively referred to as restorative justice – is an example of such a technique. However, the question of whether or not to include mediation has been subject to much discussion amongst scholars in the field. As one of the main roles of the police is to prevent violence, and to protect the citizens from harm, it would be appropriate for the purpose of this study, to focus specifically on the SAPS and their response to cases of domestic violence. Their lived experiences are evaluated in terms of the existing legal framework, as well as in the light of other empirical research.

The focal point of this treatise is the evaluation of the paradigm shift that has taken place in our South African criminal justice system post 1994. This shift is seen as a move away from a retribution approach to a more victim-centred approach. One needs to remember that the previous regime had unfair and unjust laws: to do away with such laws an interim constitution1 was enacted in Parliament in 1993 and became operational on 27 April 1994. It was the fundamental law of South Africa. This was later repealed by the final Constitution 2 on 4 April 1997. In its preamble it states categorically that it seeks to establish a “society based on democratic values, social justice and fundamental human rights” and “(to) lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law”. One of the priorities of democratic government in 1996 was the National Crime Prevention Strategy3 (hereafter referred to as the NCPS). It was designed to reduce the high level of crime in our country and has four pillars: the criminal justice process; reducing crime through environmental design; public values and education and trans-national crime. Pillar one is seen as a move away from retribution as punishment towards a system of restorative justice 4. Furthermore the South African government is a signatory to various international laws, treaties and declarations that uphold victims’ rights. One example would be the United Nations Declaration on the Basic Principle of Justice for Victims of Crime and abuse of Power 1985 - in fact the Victims’ Charter is compliant with this declaration. Yet one cannot negate the fact that in the last two decades the status of victims has altered significantly: there has been some development in the transformation of the criminal justice system. Since 1994 the focus gradually shifted from an adversarial and retributive criminal justice to that of restorative justice. This shift is vindicated by following examples: the adoption of the NCPS; the Truth and Reconciliation Commission 5 (hereafter referred to as the TRC); the adoption of the Service Charter for Victims of Crime 6(hereafter referred to as the Victims’ Charter); the enactment of the Child Justice Act7; and case laws which applied restorative justice principles such as S v Maluleke and S v Saayman. Therefore this treatise will evaluate the application of a restorative system by looking at the definition of restorative justice; government commitments to the system; the enactment of Acts and policies that support the system. This will be done in relation to the victims.

This report is the culmination of literature study and semi-structured interviews which assisted in developing a Model for Implementation of Restorative Justice in the South African Correctional System. The study explores the use of Restorative Justice as part of rehabilitation in a prison setting. Literature focuses mainly on Restorative Justice as part of diversion, in cases of first offenders and less serious offences. Restorative Justice with sentenced offenders has been gaining momentum, though. Diversity in terms of language, cultural and religious practice as well as social background, should be considered as it affects the decision to enter into a Restorative Justice process. Restorative Justice with sentenced offenders is challenging and in the main a largely unsupported field. The study draws on experience from other countries, while at the same time advocate for uniquely South African practice. The involvement of the most important role players, namely victim, offender and the community is emphasized. Attitude and insufficient training seem to be some of the challenges for the implementation of Restorative Justice. Successes are reported in the few sites where Restorative Justice is implemented in the Correctional System, but a change of mindset, of being open to possibilities other than lock-up and punish in the entire Criminal Justice System is needed. Restorative Justice in the Correctional System seems to have been approached as yet another new programme, and not as a paradigm shift for the entire Criminal Justice System. Dealing with conflict in a restorative way should be at the front end of the chain, with young children whose behaviour can be directed, as changing behaviour of adults proves to be difficult. Repentance and forgiveness in different cultures and spiritual backgrounds are some of the issues that are grappled with, although forgiveness is nowhere indicated as a requirement for a successful Restorative Justice process. Voluntary participation is required from victims and offenders with support from communities. It remains a deeply spiritual and individual journey for those who choose to turn away from anger, fear and hatred, and start the process of personal healing and restoration. Restorative Justice with sentenced offenders can assist in dealing with the aftermath of crime. / Penology / D. Litt. et Phil. (Penology)

This report is the culmination of literature study and semi-structured interviews which assisted in developing a Model for Implementation of Restorative Justice in the South African Correctional System. The study explores the use of Restorative Justice as part of rehabilitation in a prison setting. Literature focuses mainly on Restorative Justice as part of diversion, in cases of first offenders and less serious offences. Restorative Justice with sentenced offenders has been gaining momentum, though. Diversity in terms of language, cultural and religious practice as well as social background, should be considered as it affects the decision to enter into a Restorative Justice process. Restorative Justice with sentenced offenders is challenging and in the main a largely unsupported field. The study draws on experience from other countries, while at the same time advocate for uniquely South African practice. The involvement of the most important role players, namely victim, offender and the community is emphasized. Attitude and insufficient training seem to be some of the challenges for the implementation of Restorative Justice. Successes are reported in the few sites where Restorative Justice is implemented in the Correctional System, but a change of mindset, of being open to possibilities other than lock-up and punish in the entire Criminal Justice System is needed. Restorative Justice in the Correctional System seems to have been approached as yet another new programme, and not as a paradigm shift for the entire Criminal Justice System. Dealing with conflict in a restorative way should be at the front end of the chain, with young children whose behaviour can be directed, as changing behaviour of adults proves to be difficult. Repentance and forgiveness in different cultures and spiritual backgrounds are some of the issues that are grappled with, although forgiveness is nowhere indicated as a requirement for a successful Restorative Justice process. Voluntary participation is required from victims and offenders with support from communities. It remains a deeply spiritual and individual journey for those who choose to turn away from anger, fear and hatred, and start the process of personal healing and restoration. Restorative Justice with sentenced offenders can assist in dealing with the aftermath of crime. / Penology / D. Litt. et Phil. (Penology)

The purpose of this study was to describe the experiences and perspectives of the users of the services of the Restorative Justice Centre in Pretoria. A phenomenological study was conducted to gain insight in the participants experiences and perspectives of the the services rendered. Data collection was done using indepth interviews with a sample population of girls who were victims of sexual abuse and their caregivers. The reseacher made use of Colaizze (1978) data analysis approach following the transcription of audio recorded information.The study found that first time contact can be a daunting experience for victims, which touches on complex issues like discomfort, fear, cultural barriers and timing. Generally, clients were positive about social workers who build up a meaningful relationship based on empathy and respect. However, clients were concerned about unintentional, but insensitive behaviour by practitioners. Services that recognize a client‟s culture and language, as well as context are viewed as empowering. Therefore, restorative justice interventions should be holistic and consider the context in its approaches / Health Studies / M.A. (Public Health)

The purpose of this study was to describe the experiences and perspectives of the users of the services of the Restorative Justice Centre in Pretoria. A phenomenological study was conducted to gain insight in the participants experiences and perspectives of the the services rendered. Data collection was done using indepth interviews with a sample population of girls who were victims of sexual abuse and their caregivers. The reseacher made use of Colaizze (1978) data analysis approach following the transcription of audio recorded information.The study found that first time contact can be a daunting experience for victims, which touches on complex issues like discomfort, fear, cultural barriers and timing. Generally, clients were positive about social workers who build up a meaningful relationship based on empathy and respect. However, clients were concerned about unintentional, but insensitive behaviour by practitioners. Services that recognize a client‟s culture and language, as well as context are viewed as empowering. Therefore, restorative justice interventions should be holistic and consider the context in its approaches / Health Studies / M.A. (Public Health)