A restorative approach to criminal justice: examining sentencing reforms in South Africa

Abstract

This mini-thesis examines the integration of restorative justice principles into South Africa’s sentencing framework, against the backdrop of a criminal justice system historically rooted in retributive punishment. It argues that despite constitutional developments and the formal recognition of victims’ rights, particularly through mechanisms such as victim impact statements, the current sentencing regime continues to prioritise punitive measures, often at the expense of victim participation, offender rehabilitation, and community healing. The study adopts a desktop-based, doctrinal and historical research methodology, informed by socio-legal literature. It draws on legislation, case law, and academic literature and uses New Zealand’s restorative justice model as a comparative reference from which lessons are drawn for South Africa. It critically evaluates the tension between judicial discretion, mandatory minimum sentencing, and the limited application of restorative justice in practice. The research highlights inconsistencies in judicial approaches, the marginalisation of victims in sentencing decisions, and the limited capacity of predominantly punitive measures to address crime, rehabilitation and prison overcrowding. Central to the analysis is the concept of Ubuntu, which underpins restorative justice and emphasises human dignity, reconciliation, and communal harmony. The study argues that although restorative justice has been partially incorporated mainly within the child justice system, it remains underutilised in adult sentencing.