Restorative justice in South Africa: how may it transcend the ‘mere sentencing alternative’ status in serious crimes?

Abstract

To effectively address the devastating consequences of serious and violent crimes in South Africa, there is a pressing need for change within the criminal justice system. The criminal justice system has perpetuated the disempowerment and marginalisation of individuals affected by crime, exacerbating their feelings of hopelessness and isolation. Some may argue that the system often deepens their victimisation. It has failed to acknowledge that crime represents a violation of the rights and well-being of individuals on a personal level. It has been stated that the criminal justice system is retributive in nature and focuses on punishing offenders and disregards redress to victims.1 This occurrence can be attributed to the inherent characteristics of a criminal justice system that regards crime as a matter between the state and the accused, relegating the victim to a secondary position as a mere witness. While some may not agree with the aforementioned view, it cannot be gainsaid that South Africa has a criminal justice system which does not inspire the confidence of the public.2 The yearning for a system which takes account of the position of the victim and the perpetrator and seeks to address their needs in a fair manner, is non-existent in most cases.