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Essay / The truth of restorative justice is gaining support in...
The truth of restorative justice is gaining support in South AfricaIntroductionRestorative justice has widely materialized in case law, legislation, writings and practice from South Africa. Is this a sign that restorative justice is gaining ground in South Africa? To assess the truth of this statement, it will be necessary to know the difference between traditional justice and restorative justice, in which the latter case is a less punitive punishment than the other. South African legislation and case law will also need to be taken into account. What is restorative justice? Restorative justice is an approach to achieving reconciliation between the parties involved in a crime and others affected by the harm caused. Restorative justice is considered a separate process. It is also considered a set of unique values. Restorative justice is seen as guided by the value of healing; whereas the criminal justice system (traditional justice) usually used compensates the harm caused by the crime with the harm caused by the punishment. Traditional justice tends to focus more on the crime committed, while restorative justice emphasizes the future. It is further considered an application of the spiritual teaching of criminal justice as well as a theory of social justice. Furthermore, it was also asserted that restorative justice should be adopted as a way of life. This insinuates that as a society we should take the values and principles of restorative justice to heart and apply them in our individual lives. Restorative justice strives to achieve its primary objectives. These objectives involve taking into account the needs and situation of the victim. This objective also extends to those close to the victim......middle of article......ne Restorative Justice Reader 29.A Skelton & M Batley “Restorative Justice: A Contemporary South African Review” (2008) 21 CRIMSA 37 41.2008 1 SACR 295 (T) para 2. Skelton & Batley (2008) CRIMSA 37 412008 1 SACR 49 (T).Skelton & Batley (2008) CRIMSA 37 41 42Skelton & Batley (2008) CRIMSA 37 42.2 008 1 SACR 393 (E) Section 10 of the Constitution of the Republic of South Africa, 1996 (the “Constitution”) provides that everyone has an inherent dignity and the right to have their dignity respected and protected. T Maepa Beyond Retribution: Prospects for Restorative Justice in South Africa (2005) 120121Maepa Beyond Retribution 122Skelton & Batley (2008) CRIMSA 37 39.Department of Justice and Constitutional Development “Restorative Justice: The Path to Healing” (2011) Restorative justice (www.justice.gov,za) (assessed 03-05-2014).18.