PFC

Restorative Justice: A Brief Overview

Source: Stilianidou, 2021

The weight of injustice and violence remains rooted in human society, leaving us to question whether healing is possible without restorative justice…

Restorative justice is more than a mechanism to address crime. It represents an approach centred on reconciliation rather than punishment and is founded on the principle that a functional society balances rights with responsibilities, prioritising accountability, truth, healing, and the restoration of relationships. This may take the form of victim–offender dialogue, diversion programmes or support for victims. In particular, the victim–offender dialogue is entirely voluntary in nature; it brings together victims, offenders, their families, community members, and criminal justice officials into a space of dialogue guided by constitutional rights.

In South Africa, crime remains a critical concern, exposing individuals to adverse circumstances and undermining their sense of security. Recidivism rates, which range between 86% and 94%, undoubtedly challenge the correctional system and may contribute to an environment that does not adequately facilitate rehabilitation.  To address these challenges, restorative justice programmes can serve as a method to divert cases away from the justice system with the aim of reducing  the burden and providing the system with a set of constructive interventions that promote accountability and rehabilitation. 

The legacy of the Truth and Reconciliation Commission (TRC), authorised by Nelson Mandela and guided by Archbishop Desmond Tutu, highlights the promise of restorative justice. By providing victims with an opportunity to express the violations they endured while holding offenders accountable to the truth of their actions, the TRC gained considerable results. Although, decades later, the scars of injustice remain, particularly for those whose stories were never entirely heard.

Restorative justice does not excuse or diminish the severity of crime. Rather, it allows offenders to take responsibility, empowers victims to reclaim their voices, and enables communities to move forward. In this process dignity is restored, the trauma is acknowledged and both primary and secondary victims are afforded the opportunity to regain agency. 

Furthermore, I hold that restorative justice is particularly suitable for first-time offenders and juveniles who commit less severe offences. In cases of serious crimes such as rape or murder, restorative justice alone is insufficient to protect society or reflect the gravity of the offence and must be accompanied by punishment. Nonetheless, the principles of restorative justice can inform responses to all forms of crime. In my view, healing without restorative justice is possible, yet remains incomplete unless therapy or other structured coping mechanisms are actively employed.

Questionnaire

Please take a few minutes to complete this questionnaire on restorative justice in South Africa.

How familiar are you with restorative justice as an approach for addressing crime?

Can restorative justice provide benefits alongside punishment in cases of serious crimes (e.g., murder, rape)?

Do you think restorative justice should be applied more widely in South Africa?

Which should be prioritised in the administration of justice?

*Consent to Participate: By completing this questionnaire, you voluntarily consent to participate in this poll on restorative justice. Your personal information (name and email) is collected solely for validation, which will be kept confidential and not be shared.

References

Jacobs, B. (2024) South Africa’s approach to reintegrating criminals and managing crime is a catastrophic failure. North-West University. Available at: https://news.nwu.ac.za/south-africas-approach-reintegrating-criminals-and-managing-crime-catastrophic-failure (Accessed: 28 August 2025).

Makhathini, S. (2023) South Africa Truth and Reconciliation Commission (1996-2002) African Transitional Justice Hub. African Transitional Justice Hub. Available at https://atjhub.csvr.org.za/south-africa-truth-and-reconciliation-commission-1996-2002/ (Accessed 28 August 2025).

Nadeau, L. (2022) The challenges of decolonising participatory research in Indigenous contexts: the Atautsikut community of practice experience in Nunavik. Taylor & Francis Online. Available at: https://doi.org/10.1080/22423982.2022.2087846
(Accessed: 28 August 2025).

Just Alternatives. (n.d.) The 20 essential principles of victim-centered VOD. Available at: https://justalternatives.org/the-20-essential-principles-of-victim-centered-vod-v-2-0/
(Accessed: 28 August 2025).

Western Cape Government. (2022) What is Restorative Justice? Available at: https://www.westerncape.gov.za/general-publication/what-restorative-justice
(Accessed: 28 August 2025).

United Nations Office on Drugs and Crime. (2006) Handbook on Restorative Justice Programmes. Available at: https://www.unodc.org/pdf/criminal_justice/Handbook_on_Restorative_Justice_Programmes.pdf (Accessed: 28 August 2025).

Share Post

Reviews & Comments

{{ reviewsTotal }}{{ options.labels.singularReviewCountLabel }}
{{ reviewsTotal }}{{ options.labels.pluralReviewCountLabel }}
{{ options.labels.newReviewButton }}
{{ userData.canReview.message }}

You cannot copy content of this page