This mini dissertation will critical analyze the development of restorative justice and its aftermath in the South African legal system. This mini dissertation seeks at castrating the contrasts and the contradictions of classifying restorative justice within the ambits of legal system in South Africa. This paper will also level the playing fields by, inter alia, outlining the impact and the effect of restorative justice on the Constitutional imperatives and on the future of the South African society, which is healing from the past injustices.
The mind-set of the South African Courts in relation to restorative justice will be interrogated, so as to analyse the effectiveness and the purpose of the justice system. The response from the totality of all recognised legal authorities will shed light and afford a guideline as to whether the aforesaid classification is constitutionally…show more content… It is aimed at the eventual rehabilitation and reconciliation processes of the offender themes that underpin restorative justice. Importantly, all these interests must be balanced against those of the community, which include the right to be protected against crime.
In order to verify the important role that restorative justice can play in South Africa’s crime prevention and criminal justice efforts, it is necessary to consider the charges against this approach. Restorative Justice is not unstructured; but the structure is different from what we have learned to expect from our systems. Restorative Justice encourages us to be constantly present; attending to needs as they arise it exercises our ability to be dynamic rather than static in our responses.
It also creates a safe space for people to express themselves their strengths, assets, responsibilities, and also, their vulnerability. As a result, it humanizes all those involved and promotes connection and