NCJ Number
196408
Journal
British Journal of Criminology Volume: 42 Issue: 3 Dated: Summer 2002 Pages: 496-513
Date Published
2002
Length
18 pages
Annotation
The South African Cabinet has recently approved the introduction into Parliament of a bill that will provide a new system for dealing with juvenile offenders; this article suggests that the context of political transition in South Africa made it easier to promote restorative justice as a fundamental principle of juvenile justice reform.
Abstract
The theme of reconciliation that characterized the transition is linked to the African philosophy of humanity and community, i.e., "ubuntu." The acceptance of a concept of justice similar to African traditional justice has permeated criminal justice policymaking since the transition. Community courts and the Truth and Reconciliation Commission have provided fertile ground for debates about the modern international trend toward restorative justice approaches, and this has had a notable impact on juvenile justice reform. The law-making process began when the Minister of Justice requested that the South African law Commission include in its program an investigation into juvenile justice. This led to the creation of the Juvenile Justice Project Committee, which eventually led to the composition of the Child Justice Bill, which was approved by the Cabinet for introduction into Parliament in 2002. The objectives of the bill are to promote "ubuntu" in the child justice system through fostering children's sense of dignity and worth and reinforcing children's respect for human rights and the fundamental freedoms of others by holding children accountable for their actions and safeguarding the interests of victims. Further, the bill provides for involving parents, families, victims, and communities in child justice processes in order to encourage the reintegration of children who are subject to the provisions of the bill. The proposed system includes alternatives to arrest, compulsory assessment of each child by a probation officer, and appearance at a preliminary inquiry within 48 hours of the arrest or the alternative to arrest. Some of the challenges to be addressed in implementing a restorative justice system are community involvement in restorative justice and ensuring that the bill is enacted into law without significant change in restorative justice concepts. 40 references