n Servamus Community-based Safety and Security Magazine - Mediation and the Law - corruption & restorative justice - regulars

Volume 112 Number 12
  • ISSN : 1015-2385


The traditional approach to dealing with acts of corruption is through the criminal justice system. In South Africa, Restorative Justice is defined as an approach to justice that aims to involve the parties to a dispute and others affected by the harm (victims, offenders, families concerned and community members) in collectively identifying harms, needs and obligations through accepting responsibilities, making restitution, taking measures to prevent a recurrence of the incident and promoting reconciliation. This may be applied at any appropriate stage after the incident. In terms of the official guidelines for criminal cases there are three broad categories of referral to restorative justice, namely diversion, informal mediation and restorative mechanisms. Not all cases are appropriate for restorative justice processes and the big question is whether corruption is appropriate for referral to these informal processes.

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