Restorative Justice: Reconciliation of Society, the Victim and the Offender

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Nelson Mandela once said, “If you want to make peace with your enemy, you have to work with your enemy. Then he becomes your partner”. This is essentially a main characteristic of restorative justice- to reconcile society, the victim and the offender- but also to rehabilitate the offender so that he is no longer an “enemy” of the criminal justice system. This form of justice is gaining support in South Africa; however there are limitations to this form of justice which also in turn limit its success in the future. Restorative justice alone is definitely not a method of justice which we can adopt but it may be possible that this form of justice can help if it is integrated into the criminal justice system.
WHAT IS RESTORATIVE JUSTICE?
In 1997 restorative justice was defined as a process which redefines crime extending the interpretation to the wrong done to another person and not just the breaking of the law the victim and offender are encouraged to be directly involved in the resolution process of the dispute in the sense that the offender takes full responsibility for their actions and the victim and the community fully participate in the resolution process. Restorative justice is a fairly new process of punishment in the area of criminal justice, it is the idea that the offender should right the wrong that was caused- this process directly involves the victim and the offender. Restorative justice is more recently defined as a method used to address the hurts and needs of both victims and offenders which repairs or heals the relationship between both parties as well as the relationship within the community. The goal of restorative justice if to create a better environment for all parties affected (the victim, offender and in s...

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Margalit v Standard Bank of South Africa LTD and Another , (2) SA 466 ((SCA) 2013).
GWEBU v Minister of Correctional Services and Others , (1) SACR 191 (GNP 2014 ).
Restorative Justice. (2014, 03 15). Retrieved 05 17, 2014, from Western Cape government: http://www.westerncape.gov.za/general-publication/what-restorative-justice
(n.d.). Chapter 5: The purpose of Criminal Punishment . In Banks II Proof .
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