Is Restorative Justice Gaing Support in South Africa

Introduction Punishment, central to any legal proceeding where the accused is found guilty, directly falls under criminal law and is determined by punishment theories. Whether South Africa is moving towards restorative justice approaches influences many aspects: it allows the protection of society, results in more of a crime-free life for the offender and it gives offenders the chance to learn from their experience, and gain insight into their behaviour and allows victims to handle their injustice. If South Africa is truly moving towards applying restorative justice principles in the resolution of disputes it will be evident in the legislation and recent case law in different fields; including crimes of child offenders, serious crimes and†¦show more content†¦It also prevents the children from being exposed to situations in prisons that could influence them more negatively. Less serious crimes As less serious crimes’ sentences do not have minimum sentences prescribed the courts can easily use their discretion in deciding on an appropriate punishment for cases involving less serious crimes. The goal of sentencing should be to prevent future offences, in the most beneficial and least harmful way possible. They can take into consideration two main aspects: the seriousness of the offence and the vulnerability and power differences between the victim and the offender. These are crimes where the victim would benefit more from action that would allow the victim to be compensated than just know that the offender is being punished. In S v Shilubane (2008) the offender was originally sentenced to nine months in prison due to the theft of seven fowls, but at review the sentence was set aside and replaced with a suspended sentence that was â€Å"in line with the new philosophy on restorative justice†¦Ã¢â‚¬  (2008 (1) SACR p297 4). Serious crimes Restorative justice is most suitable for cases that involve an identifiable victim who have suffered a crime of dishonesty and violence, as it allows the victim and the offender to rectify the imbalances and aid in coming to terms with the injustice. The case of S v Maluleke (2008) the victim’s mother was devastated that the offender did not apologize for their wrongdoing. The