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Restorative Justice Approach Launched by South Africa Department of Correctional Services
The South Africa Department of Correctional Services held a conference in November to launch its new "restorative justice approach". Although other government departments have included restorative justice in their policy documents and the government has sponsored pilot projects, this was certainly the most highly publicized policy statement on restorative justice by the South African government to date.
Located in Previous Editions / 2002 / January 2002 Edition
Victim Offender Conferencing Pilot Project: South Africa
The Victim Offender Conferencing (VOC) pilot project in South Africa was created in 1999 by a coalition of organizations working in restorative justice. This excerpt is from a 2002 research report compiled by Amanda Dissel, manager of the Criminal Justice Programme of the Centre for the Study of Violence and Reconciliation, with links to the full-text of the available research reports.
Located in Previous Editions / 2003 / November 2003 Edition
South African NGO Furthers the Implementation of Restorative Justice
Khulisa, a South African crime prevention organization, has made significant inroads applying restorative justice in a society that has faced significant increases in crime over the past decade. Khulisa, whose name means “to nurture the development of a person”, uses an array of programs to assist children at risk and young offenders. In addition to working throughout the country, Khulisa also partners with a variety of governmental departments.
Located in Previous Editions / 2004 / April 2004 Edition
Juvenile Justice Reforms Pending in South Africa
A bill fostering the inclusion of restorative justice principles and practices for juveniles is still awaiting parliamentary action in South Africa. Originally introduced in 2002, the Child Justice Bill would create a consistent system for responding to youth crime by consolidating current practices and legislation with international standards for the treatment of juvenile offenders.
Located in Previous Editions / 2004 / May 2004 Edition
Restorative Justice in Sentencing: South Africa
In a recent sentencing decision in a murder case, Judge E. Bertelsmann of the High Court of South Africa wrote of the importance of restorative justice in the South Africa context. The full decision is presented here with a downloadable version attached.
Located in Previous Editions / 2006 / October 2006 Edition
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.
Located in Previous Editions / 2008 / February 2008 Edition
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.
Located in Previous Editions / 2009 / January 2009 Edition.
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.
Located in Restorative Justice Online Blog -- RJOB
South Africa's whites and restorative justice
We hear a lot in the news about racial conflict, and a lot less about racial reconciliation. But from South Africa to South Central Los Angeles, there are communities engaging in what experts call “restorative justice" to resolve the wrongs of the past and present.
Located in Restorative Justice Online Blog -- RJOB
RJ Article Borer, Tristan Anne. Gendered War and Gendered Peace: Truth Commissions and Postconflict Gender Violence: Lessons From South Africa.
This article argues that the South African Truth and Reconciliation Commission (TRC), whose aim was to uncover the truth of the atrocities perpetrated under apartheid and develop a framework for reconciliation, failed to reveal the truth about women's experience of sexual violence under apartheid as well as continued "peacetime" violence against women in South Africa. Although it is increasingly evident that women are vulnerable to rape by soldiers from the “other” side as a means of showing the failure of their men as protectors, it has also become clear that women are being raped by soldiers from their own country and by peacekeepers; in both cases, women are being raped by soldiers who are supposedly their protectors. The TRC failed to recognize and address this ongoing violence against women in war and postwar because of the priority given to civil and political rights violations over economic and social rights violations, the adoption of a gender-neutral approach to truth collection, and the criteria used for dispensing amnesty. This article also identifies some consequences of the failure to expose the truth about sexual violence against women during and after apartheid, including its impact on the government’s reparations policy and continued “peacetime” violence against women in South Africa. A person could only be considered a victim and eligible for reparations if he/she came forward to tell of the nature of the victimization. Many victims of sexual violence undoubtedly faced a difficult choice, i.e., to risk estrangement from their families and social exclusion, or making themselves ineligible for reparations. Thus, the TRC failed to set the stage for the creation of a peacetime democratic culture in South Africa with a firm foundation in respect for women’s rights and a priority response to women’s distinctive vulnerability to sexual assault and economic hardship. (abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.gov).
Located in articlesdb / articles