Full title in original language:
Restorative Justice and the South African Truth and Reconciliation Process
Education level:
University University (18+ years)Topic / subtopic:
Crime prevention and criminal justice Restorative justice Criminal justice systemTarget audience:
Students,
Teachers / Lecturers
Type of resource:
Publication / Article
Languages:
English
Region of relevance:
Global
Access:
restricted access: requiring payment
Individual authors:
Christian B. N. Gade
Publication year:
2013
Published by:
South African Journal of Philosophy / Taylor & Francis
Copyright holder:
© Taylor & Francis
Contact name and address:
Taylor & Francis
Contact email:
enquiries@taylorandfrancis.com
Key themes:
cpcj, criminal justice, justice, crime, restorative justice, south africa, reconciliation, reconciliation process
Links:
Short description:
It has frequently been argued that the post-apartheid Truth and Reconciliation Commission (TRC) was committed to restorative justice (RJ), and that RJ has deep historical roots in African indigenous cultures by virtue of its congruence both with ubuntu and with African indigenous justice systems (AIJS). In this article, the author looks into the question of what RJ is. He also presents the finding that the term ‘restorative justice’ appears only in transcripts of three public TRC hearings, and the hypothesis that the TRC first really began to take notice of the term ‘restorative justice’ after April 1997, when the South African Law Commission published an Issue Paper dealing with RJ. Furthermore, he shows that neither the connection between RJ and ubuntu nor the connection between RJ and AIJS is as straightforward and unproblematic as often assumed.