PROVIDING A SENSE OF JUSTICE

This research paper evaluates the role of informal justice mechanisms in addressing domestic violence in South Africa, based on 26 interviews conducted in 2003. It finds that many women prefer these community-based structures over the formal criminal justice system due to their immediacy, affordability, and focus on reconciliation rather than punishment. While these mechanisms provide essential access to justice and align with the desires of many complainants, the author notes concerns regarding the lack of regulation and the potential for mediators to overlook abusive patterns in favor of social harmony.

• Women frequently choose informal justice mechanisms over the formal criminal justice system because they offer more immediate resolutions, are more affordable, and prioritize mediation and reconciliation over arrest and punishment.
• Financial dependency and resource scarcity are primary barriers to accessing formal courts. Unemployed women specifically avoid the formal system to prevent the arrest of their partners, which would leave the family without a provider.
• Domestic violence cases often intersect with financial disputes, particularly regarding state grants (pensions, child, and disability grants). These grants are frequently a source of conflict, as male partners may violently demand access to the money, and younger family members may abuse the elderly to steal pensions.
• Informal justice structures typically employ a mediation-style approach aimed at reconciliation and peace, often requiring behavior modification from both parties. However, some male mediators may encourage abusers to maintain culturally-sanctioned behaviors, such as having other girlfriends, as long as they do not 'rock the boat' with their wives.
• There is a complex relationship between formal and informal systems; while they often collaborate, police may sometimes refuse to open domestic violence cases until a complainant has first attempted to resolve the issue through an informal mechanism.
• Informal mechanisms are viewed as legitimate by the community because they are run by residents, operate without language barriers, and are available at all hours, often resolving cases within a single day.

APA

Moult, K. (2005). PROVIDING A SENSE OF JUSTICE. Institute for Security Studies. https://issafrica.org/01-jun-2005-sacq-no-12/providing-a-sense-of-justice

Chicago

Moult, Kelley. PROVIDING A SENSE OF JUSTICE. Institute for Security Studies, 2005. https://issafrica.org/01-jun-2005-sacq-no-12/providing-a-sense-of-justice.

Wikipedia

{{cite report |last1=Moult |first1=Kelley |title=PROVIDING A SENSE OF JUSTICE |publisher=Institute for Security Studies |date=1 June 2005 |url=https://issafrica.org/01-jun-2005-sacq-no-12/providing-a-sense-of-justice |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{moult2005providing, author = {Moult, Kelley}, title = {{PROVIDING A SENSE OF JUSTICE}}, institution = {Institute for Security Studies}, year = {2005}, month = jun, url = {https://issafrica.org/01-jun-2005-sacq-no-12/providing-a-sense-of-justice}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }