What is Restorative Justice?
Restorative Justice is an approach to justice that aims to involve the parties to a dispute and others affected by the harm (victims, offenders, families concerned and community members) in collectively identifying harms, needs and obligations through accepting responsibilities, making restitution, and taking measures to prevent a recurrence of the incident and promoting reconciliation.
Restorative Justice sees crime as an act against the victim and shifts the focus to repairing the harm that has been committed against the victim and community. It believes that the offender also needs assistance and seeks to identify what needs to change to prevent future re-offending.
When can it be applied?
Restorative Justice can be applied at any stage in the Criminal Justice System such as:-
- Pre-charge (before a charge is laid).
- Pre-trial (after a charge is laid and before accused appears in Court).
- Post-charge (after charge, but before plea in court).
- After conviction, but before sentence.
- Post-sentence (for parole and re-integration purposes).
What are the benefits of a restorative approach to justice?
- Preventing re-offending
- Empowering victims
- Benefiting criminal justice agencies
- Enhance community involvement in the dispute resolution process
What are the values and principles of Restorative Justice?
- Restorative Justice processes must comply with the
rule of law, human rights principles and the rights
provided in the South African Constitution.
- Restorative Justice must promote the dignity of
victims and offenders, and ensure that there is no
domination or discrimination.
- All parties must be provided with complete
information as to the purpose of the process,
their rights within the process and the possible
outcomes of the process.
- Parties should clearly understand that they may
withdraw from the process at any time.
- Parties must be given a reasonable amount of
time to consider their options, when a restorative
justice option is proposed.
- Referral to restorative justice processes is possible
at any stage of the criminal justice system, with
particular emphasis on pre-trial diversion, plea and
sentence agreements, pre-sentence process, as
part of the sentence, and part of the reintegration
process, including parole.
- Participation in restorative justice processes must
be voluntary for all parties, including victims.
- Victims and offenders should be allowed to bring support persons to the encounter provided that this does not compromise the rights and safety of any other party.
DOJ &CD Contact details: National Office:
Ms C Badenhorst, Tel: (012) 315 4572
Adv J.V Mbamali, Tel: (012) 315 1458, Email: VMbamali@justice.gov.za
Regional offices (Legal Services Directors):
Ms P Moodley- Director: Legal Services KwaZulu-Natal
Tel: (031) 372 3000, Email: firstname.lastname@example.org
Mr P Mthimunye- Director: Legal Services Mpumalanga
Tel: (013) 752 8393, Email: PMthimunye@justice.gov.za
Mr D.B Ramolibe- Director: Legal Services Free State
Tel: (051) 407 1800, Email: email@example.com
Ms Mokhibo Gwintsa- Director: Legal Services Eastern Cape
Tel: (043) 721 2684, Email: mailto:MGwintsa@justice.gov.za
Mr Ramathikithi: Legal Services Gauteng
Tel: (011) 332 9069, Email: SRamasodi@justice.gov.za
Ms R Tladi- Director: Legal Services Limpopo
Tel: (015) 297 5562, Email: mailto:mailto mailto:RTladi@justice.gov.za
Adv D Plaatjies- Director: Legal Services Northern Cape
Tel: (053) 839 0001, Email: firstname.lastname@example.org
Ms Seehaam Samaai- Director: Legal Services Western Cape
Tel: (021) 462 5471/2, Email: mailto:SSamaai@justice.gov.za
Ms Motshabi Sethlako Maliehe- Director: Legal Services North West
Tel: (018) 389 8302, Email: mailto:MSethlako@justice.gov.za