Submitted in fulfillment of the requirements for the degree of Doctor of Philosophy in Management Sciences: Public Management (Peacebuilding), Durban University of Technology, Durban, South Africa, 2017. / The retributive justice system has been used in most parts of the world aimed at rehabilitating, deterring and incapacitating offenders. High prison rates reveal that the retributive justice system has not been too effective when it comes to reducing recidivism and addressing causes of crime. The system makes offenders to be accountable to the state, while victims of crime are left out of the picture. Family members of offenders, who are the secondary victims, are also closed out of the system, while in essence; they suffer a lot including loss of family members to imprisonment, which affects the family fabric. This research seeks to enhance the restorative justice work with ex-prisoners done by Second Chance Rehabilitation centre. The question that this research seeks to answer is: can restorative justice models have a positive impact on the lives of ex-prisoners and their families? An Action Research paradigm was used during this study. Eleven restorative justice interventions were implemented with a group of twelve ex-prisoners, while four sessions were implemented with ten family members of the ex-prisoners. The findings of this research reveal that, participants attained new knowledge through these interventions, which influenced their attitudes and behaviour about life and relationships. Additionally, the study revealed that human beings are social beings, who can be socialised into doing right, which is a message that should be passed on to policy makers, so they would implement effective rehabilitative processes which will yield transformative results. / D

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.

O presente estudo objetivou identificar a experiência e analisar a percepção dos adolescentes como agentes facilitadores no projeto de Justiça Restaurativa nas escolas municipais de São José dos Campos/SP, quanto ao impacto do projeto no cotidiano escolar, familiar e na sociedade. Para a realização da pesquisa foram escolhidos três adolescentes integrantes do ciclo II, do Ensino Fundamental de Escolas Municipais inseridas no projeto Justiça Restaurativa que se localizam na região Norte, Sul e Leste do município e para complementaridade da pesquisa, após a banca de qualificação, foram realizadas entrevistas coletivas com gestores e professores das unidades escolares envolvidas no projeto. Para alcançar os objetivos propostos, utilizou-se da abordagem qualitativa. A coleta dos dados se deu por meio da Metodologia da História Oral, com entrevista semiestruturada. Para análise dos dados, utilizou-se a técnica da triangulação, valendo-se da pesquisa documental, bibliográfica e da observação e análise dos contextos, nos quais os alunos vivenciaram a Justiça Restaurativa. Os sujeitos entrevistados identificaram que o diálogo é um caminho para a resolução de conflitos. Nas narrativas, constatamos a contradição entre o ideário coletivo e a prática cotidiana. Observa-se, na formação dos sujeitos, que os mesmos não percebem a dimensão total da influência socioeconômica no cotidiano escolar. Concluiu-se que a Justiça Restaurativa é uma técnica que agrega, mas insuficiente para resolução da violência, na medida em que é necessária uma mudança cultural, com a participação de sujeitos ativos e a consciência critica da realidade, como também uma mudança estrutural do sistema econômico, o qual aprofunda a desigualdade social, geradora de conflitos. / This study aimed to analyze the perception of teenagers who participated in the project implementation of restorative justice in municipal schools from São José dos Campos, facing the situation of conflict and violence present in the school context, as well as the impacts of restorative justice in their lives. To conduct the study three teenagers from the cycle II of the elementary school were chosen from schools participants on the project that were located in the north, south and east regions of the city, for completeness of this study, after the qualification board, more interviews were made with school directors and teachers from the schools participants on the project. To achieve the proposed objectives, we used the qualitative approach. Data collection took place through the history of oral and semistructured interview. For data analysis we used the triangulation technique based on archival research, literature and the observation and analysis of the contexts in which students experienced the restorative justice. The interviewees identified that dialogue is the way to violence resolution. In the narratives we see the contradiction between collective ideals and everyday life. It is observed in the formation of individuals who do not realize the full extent of the socio-economic influences of society in school everyday. Restorative justice is a technique that is not enough in itself. We need a cultural change involving active individuals and critical consciousness of reality.

North-east of Braamfontein in Johannesburg lies what used to be an oppressive prison precinct which experienced almost a century of South Africa’s political history. Recently after the introduction of democracy it became a ‘beacon of hope’ what is more commonly known today as Constitution Hill. It hosts the highest court of our democratic nation, the Constitutional Court. A stone’s throw away, Hillbrow. It is a stigmatized neighbourhood plagued by crime and urban squatting and urban decay. This dissertation addresses the ongoing disparities within a continuum to achieve justice. It is assumed that by restoring this unwanted neighbourhood of Hillbrow, the light of Constitution Hill may enlighten this dark part of the city to become a part and productive a contributor to a just city. The Dispute Resolutions Centre will act as a mediator in resolving some of the injustices that face South Africa today, through the procedures of restorative justice. The intention of the project is to fulfill the virtue of justice within the area of the home of the constitution of our democracy. / Mini Dissertation MArch(Prof)--University of Pretoria, 2018. / WMS Architects / Architecture / MArch(Prof) / Unrestricted

The 1999 Constitution of Nigeria provides expressly for the safety and protection of the rights of citizens in general terms, including other provisions which guarantee the safety of the Nigerian people; however, the Constitution places priority on the rights of criminals over and above the rights and interests of crime victims. This position and situation has engendered public dissatisfaction with the Nigerian criminal justice systems in general and the Constitution in particular. This study has analysed the means and mechanisms available in the Nigerian legal system for crime victims’ compensation and restitution for criminal acts committed against them, and it has found that those means are different to what are obtained in other jurisdictions. The study further found that state-funded compensation for crime victims is practiced to various degrees in places like New Zealand, Great Britain, the United States of America, Canada, Australia, Germany, Finland, Colombia and the Philippines to mention but a few. The study discovered that, as it stands presently in Nigeria, there are no public compensation schemes for crime victims and that the compensation mechanisms that exist in the country which the courts award are grossly inadequate. The study also found that the Nigerian government does not see the need to establish state-funded compensation schemes for crime victims on the premise that crime victims should exercise their rights to claim compensation from the criminal offenders in delictual or tort claims. This study, therefore, argues that the extant legal frameworks in Nigeria are manifestly inadequate to provide for the needs of crime victims effectively in the aftermath of victimization and recommends the development of a system for state-funded compensation for crime victims in Nigeria building on comparative best practices and international guidelines such as the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power and the Commonwealth Guidelines for the Treatment of Victims of Crime. / Thesis (LLD)--University of Pretoria, 2017. / Centre for Human Rights / LLD / Unrestricted

This study holistically examines the status quo of learner-on-learner bullying in South African schools. An exposition is given pertaining to inter alia constitutional law, common law, statutory provisions and case law. Since bullying is a global problem, a legal comparative study is necessary in order to place the phenomenon of bullying into context. Concepts such as bystander behaviour, bullycide and restorative justice feature prominently in this dissertation. Important findings include the necessity of drafting of anti-bullying legislation as well as the inception of bullycide as a statutory crime. Furthermore, restorative justice processes are critically important to not only rehabilitate and reintegrate the bully, but also to vindicate the victim in a way that protects and promotes the rights of all parties involved. Recommendations are made with regard to the importance of a national anti-bullying policy to be implemented in conjunction with existing codes of conduct. / Dissertation (LLM)--University of Pretoria, 2012. / Private Law / unrestricted

The present thesis focuses on the phenomenon of juvenile delinquency. Attention is paid to influences and factors that influence the emergence of delinquent behavior in children and adolescents, and of course then the possibilities of justice and judicial response to this undesirable behavior in society. In the legal system of the Czech Republic, there is a separate piece of legislation that responds to the infringement of youth, it is the Law no. 218/2003. The Act represents a response options, and another dealing with children and juvenile offenders. In this Law is delimited the ability to store probation programs and cooperation with the Probation and Mediation Service, which intervenes and helps in dealing with infringements not only children and adolescents but also adults. Attention is paid mainly the form of options and probation programs that are provided by non-profit and non-governmental organizations to help juvenile offenders realize their behavior and above all to prevent recurrences. To illustrate the development of crimes committed by children and juveniles are attached overview tables, which indicate a decreasing number of crimes in the last 10 years. The practical part introduces a design form of a probation program, which is drawn up by the methodical curriculum issued by the...

Settlement in criminal proceeding - Abstract The topic of this diploma thesis is settlement in criminal proceedings, which is one of the diversions, which has had its position in our criminal procedure law for more than 20 years. The settlement is a diversion, which contains the most restorative justice principles. This is the reason, why the text of this thesis does not only deal with the settlement itself, but also with other diversions, as well as with the restorative justice principles. The main objective of this principle is not punishing the offender, but restoring the disturbed relationships between the offender and the victim. Despite the fact that the settlement is beneficial for defendant, because it leads to cessation of prosecution, for victim, who has an easier access to obtain their compensation and also for the whole society, because it prevents the defendant to commit other crimes, it is not used so often in practice as much as for example conditional suspension of criminal prosecution. The thesis is divided into three chapters. The first chapter deals with the term diversion, restorative justice function principles and then with all types of diversions, which are enacted by our criminal procedure law. The statistics then show sometimes giant differences in the usage of particular types of...

The purpose of the thesis is to confirm or disprove the hypothesis whether alternative methods of crime resolution and restorative programs bring advantages and benefits to the victims of crime. For that reason I perceive the victims of crime from the Restorative justice's point of view trying to identify their interests, needs and expectations arising from the criminal event and trying to get to know whether the criminal procedure, as well as its alternatives, is able to fulfill them. Therefore the thesis is composed of four chapters, each of them dealing with different aspects of the victim from the restorative perspective. The first chapter of the thesis is dedicated to the theoretical analysis of the concept of Restorative justice. It deals with the principles of restorative and retributive paradigms and their relation, it briefly discusses the theory of conflict and describes the restorative process, its principles and the stakeholders - the victim, the offender, their communities of care or their social circles and, last but not least, the facilitator. The stakeholders are a crucial part of the process, as the Restorative justice considers the crime as a social event with negative impact not only on the victim and the offender but also on the society and a social peace, so for that reason the...