The implementation of restorative justice principles in the South African Child Justice Act: a critical evaluation of recognition and effectiveness

Abstract

The Child Justice Act 75 of 2008 represents a significant reform in South Africa’s criminal justice system by introducing a child-centred framework that emphasises restorative justice, diversion, rehabilitation, and reintegration rather than punitive approaches. This study critically evaluates the extent to which restorative justice principles are recognised and effectively implemented within the South African child justice system. The research is guided by the central question of how effectively restorative justice practices are implemented in practice as envisioned by the Child Justice Act. The study adopts a doctrinal legal research approach, relying on the analysis of primary legal sources such as the Child Justice Act 75 of 2008, relevant case law, constitutional provisions, and international instruments, alongside secondary sources including academic literature, policy reports, and institutional documents. The research also examines restorative justice practices such as diversion programmes, victim-offender mediation, family group conferencing, and community-based interventions, which aim to promote accountability, repair harm, and facilitate the rehabilitation of children in conflict with the law.