Restorative justice, a social movement seeking to introduce reform in the operation of
the traditional criminal justice system, has seen a marked proliferation of its
initiatives over the last decade in countries like Australia, New Zealand, United
Kingdom, Canada and the United States. Restorative processes are those in which
offenders, victims and/or others affected by a crime participate often with the help
of a facilitator, in the resolution of matters arising from that crime. Prevailing
literature indicates that the intellectual heritage of restorative justice is diverse and
rooted in a myriad of theories, beliefs, values and customs. Restorative justice is also
used to describe a bewildering range of practices and programmes.
While restorative justice draws on existing traditional, indigenous and religious
beliefs in dealing with disputes, effective restorative justice practices depend on a
well functioning and credible criminal justice system. The current preoccupation
with restorative justice by advocates for criminal justice reform is closely related to
low levels of access to justice on the part of many South Africans. The
extraordinarily high rates of violent crimes in South Africa clearly suggest that
restorative justice cannot replace current penal law and procedure. Effective and
innovative integration of restorative processes into the formal criminal justice system
is just one of the many challenges facing criminal justice systems worldwide.
The question that arises is whether restorative processes can and should inform a
greater proportion of justice system activity? In answer to this question the present
study critically explores the development of the restorative justice paradigm in
South Africa both within the criminal justice system, as well as initiatives taking
place outside it Since 1994 there have been numerous policies that have sought to
incorporate restorative principles. Notwithstanding its growing popularity, its
integration into the national criminal justice agenda for reform is fraught with
difficulties, both theoretical and practical.
The study highlights the difficulties associated with applying restorative
approaches in cases of intimate violence against women and children and proposes
that the primary focus should be on victim safety and not merely offence
seriousness and willingness of the offender or victim to participate. dearly the
agenda for implementation and strengthening of restorative practices in the
criminal justice system has to go hand in hand with the provision of victim services
and support. An integrated, multi-sectoral approach involving collaboration with
the relevant government departments is suggested, so that clear strategies may be
developed in order that responses may be facilitated from the moment a crime
occurs until the final restorative elements have been completed.
The study concludes by making recommendations in respect of implementation,
policy and law reform, practice guidelines and standards, skills development and
training, and curriculum development in the field of restorative justice. / Thesis (Ph.D.)-University of KwaZulu-Natal, 2008.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:ukzn/oai:http://researchspace.ukzn.ac.za:10413/5732 |
| Date | January 2008 |
| Creators | Hargovan, Hema Keshavlal. |
| Contributors | Chetty, Vanitha Rakshana. |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Thesis |
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