Research Explores the Role of Restorative Justice in South Africa

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Attorney, Ms Shamla Govender says that pursuing her LLM fuelled her belief in restorative justice.

Her study titled: The Role of Restorative Justice in the Sentencing of Adult Offenders Convicted of Serious Crimes: Some Reflections through an Examination of Recent Case Law, argues for a hybrid model of criminal justice that will expand restorative justice beyond being merely a viable alternate approach in sentencing adult offenders convicted of serious crimes.

Govender explained that her argument emerged when the Supreme Court of Appeal declared that the use of restorative justice in certain serious offences may result in a loss of public confidence in our criminal justice system, degrade restorative justice and harm its integrity as a meaningful sentencing alternative.

The study’s findings reveal that for restorative justice to be viable in sentencing adult offenders convicted of serious crimes with benefits for both victims and offenders, it has to be included alongside retribution and deterrence to make it acceptable as a sentencing option.

Govender maintained that ‘the increase in serious crime has not abated despite the introduction of severe sentencing legislation.’

She further advanced that ‘The South African criminal justice system needs to change in order to address the fear of serious and violent crime and its dire consequences for victims. Restorative justice is an effective mechanism to address the harms suffered because of an offender’s actions and an opportunity for the offender to right such wrong by acknowledgement, apology and reparation. Introducing restorative justice into sentencing serious crime will help victims to understand why they were victims, help offenders understand the impact of their wrongful behaviour on victims and may succeed in changing the offender.’

Running her law practice, Shamla Govender & Associates while juggling her studies was not easy, but she said that the rewards made her sacrifices worthwhile.

Words: Thandiwe Jumo

Photograph: Supplied