The Traditional Restorative Justice Practices That Have Influenced Southern Africa

The Traditional Restorative Justice Practices That Have Influenced Southern Africa

Angelo Kevin Brown
Copyright: © 2023 |Pages: 20
DOI: 10.4018/978-1-6684-4112-1.ch003
OnDemand:
(Individual Chapters)
Available
$37.50
Current Special Offers
No Current Special Offers
TOTAL SAVINGS: $37.50

Abstract

The indigenous peoples of Southern Africa have a tradition of using restorative justice practices. The region has used restorative justice practices primarily until European colonization had enforced a Western criminal justice and legal system. During and after colonization, Southern Africa has continued to use traditional methods for public safety and resolving conflicts in communities. This led to governments having a dual system in which nonserious violations are usually handled in the traditional courts, and the more serious crimes are handled in the formal criminal courts.
Chapter Preview
Top

South Africa

South Africa is the largest nation in Southern Africa, with over 60 million people. The majority of South Africa is made up of indigenous Black South Africans, with minority groups of White South Africans (8%), Multiracial 9% (Coloured South Africans), and Asian mostly Indian South Africans but more recently Chinese South Africans. The nation is predominantly Christian (78%), and around 4.5% have traditional religious faiths.

South Africa’s Truth and Reconciliation Commission (TRC) institutionalized traditional restorative justice practices under the presidency of Nelson Mandela to help create a peaceful transition from the instability that was present after apartheid (Llewellyn & Howse, 1999). TRC brought traditional practices that were used by the indigenous people of the region and instilled them into the legal system. TRC combined indigenous and Christian values.

Complete Chapter List

Search this Book:
Reset