n South African Journal of Criminal Justice - The development and operation of negotiated justice in the South African criminal justice system

Volume 23, Issue 2
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



Negotiated justice has been introduced formally by statutory amendment and accepted as a facet of criminal procedure in South Africa. It is, however, important to acknowledge that two independent systems of negotiated justice exist in South African criminal procedure, namely, statutory negotiated justice and informal negotiated justice. This article defines and analyses these systems, and demonstrates the manner in which they co-exist. Since the practice does not enjoy undivided academic support, the views of supporters and detractors of the practice are also considered.

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