Chapter 1.p65

This chapter explores the definition and application of restorative justice, particularly in South Africa. It discusses the lack of a universal definition, proposes a 'continuum' for measuring the restorativeness of programs, and highlights the influence of African indigenous justice systems. The text outlines how restorative justice can be applied at various stages of the criminal justice process—from pre-trial diversion to post-sentencing—and argues that, when professionally managed, it can be effective even in cases of serious violence or power imbalances.

• Restorative justice lacks a single, universally accepted definition, leading some advocates to leave its parameters undefined to encourage development. However, this absence of a formal definition risks the concept being "diluted, even corrupted" by its application to programs that are not actually restorative.
• Various South African entities have defined restorative justice: the South African Law Reform Commission (1997) focuses on settling conflicts and resolving underlying problems; the TRC report emphasizes redefining crime as violations against human beings and focusing on reparation; and the Probation Services Act 116 of 1991 and Child Justice Bill B-49 of 2002 define it as promoting "reconciliation, restitution and responsibility".
• Practitioners use a "continuum" to assess the degree of "restorativeness" in a program, ranging from "Pseudo or non-Restorative" to "Fully Restorative". Assessment is based on six key questions regarding the addressing of harms, victim orientation, offender responsibility, stakeholder involvement, dialogue/participatory decision-making, and respect for all parties.
• African indigenous justice systems are recognized as containing elements of restorative justice and have influenced modern concepts. Common features include a value base of reconciliation, peace, harmony, dignity, and respect, as well as procedural similarities such as informality, lack of a sharp distinction between civil and criminal justice, and the absence of the rule of stare decisis.
• Restorative justice can be integrated at multiple stages of the criminal justice process, including prior to reporting (schools/communities), during police investigation (diversion), at the plea and sentencing stage (s105A of the Criminal Procedure Act), and during imprisonment or prior to parole.
• While some argue that restorative justice is inappropriate for serious violent crimes or cases with significant power imbalances (such as sexual offences or domestic violence), evidence from Canada and South Africa suggests that professionally facilitated processes can be successful and provide healing for victims of severe violence.

APA

Skelton, A., & Batley, M. (n.d.). Chapter 1.p65. Institute for Security Studies. https://issafrica.s3.amazonaws.com/site/uploads/CHARTINGPROGCHAP2.PDF

Chicago

Skelton, Ann, and Mike Batley. Chapter 1.p65. Institute for Security Studies, n.d. https://issafrica.s3.amazonaws.com/site/uploads/CHARTINGPROGCHAP2.PDF.

Wikipedia

{{cite report |last1=Skelton |first1=Ann |last2=Batley |first2=Mike |title=Chapter 1.p65 |publisher=Institute for Security Studies |url=https://issafrica.s3.amazonaws.com/site/uploads/CHARTINGPROGCHAP2.PDF |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{skeltonndchapter, author = {Skelton, Ann and Batley, Mike}, title = {{Chapter 1.p65}}, institution = {Institute for Security Studies}, url = {https://issafrica.s3.amazonaws.com/site/uploads/CHARTINGPROGCHAP2.PDF}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }