Abstract
This article considers the value and parameters of re-integrative shaming in the context of restorative justice, particularly in the light of a recent Eastern Cape decision. The basic values and programmes of restorative justice are sketched in order to position this aspect of restorative justice (re-integrative shaming) in the larger milieu. The writer concludes that restorative justice – which is internationallyrecognised and forms the guiding philosophy in the development of SA criminal justice and sentencing – is multi-facetted. Its strength lies in the fact that it utilises not only existing, but also customary and historical concepts, in order to create fresh solutions to the problem of restoring the harmony in the tripartite relationship of victim/community/offender which is upset when a crime is committed.
Highlights
In S v Saayman[1] the meaning of certain aspects of restorative justice was considered
A further and novel condition of suspension – which formed the basis of the review – required the accused to apologise publicly to the three victims of her crimes by standing in the vestibule of the court for fifteen minutes bearing a placard with her name and an apology for the harm caused to the victims who were named on the placard
It is clear from the foregoing that apology and/or public shaming are not specific, individual values or programmes of restorative justice; they are means which may, in appropriate circumstances, be employed to heal the rift which the crime has created in the tripartite relationship of victim/community/offender
Summary
This article considers the value and parameters of re-integrative shaming in the context of restorative justice, in the light of a recent Eastern Cape decision. The basic values and programmes of restorative justice are sketched in order to position this aspect of restorative justice (re-integrative shaming) in the larger milieu. The writer concludes that restorative justice – which is internationally recognised and forms the guiding philosophy in the development of SA criminal justice and sentencing – is multi-facetted. Its strength lies in the fact that it utilises existing, and customary and historical concepts, in order to create fresh solutions to the problem of restoring the harmony in the tripartite relationship of victim/community/offender which is upset when a crime is committed
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
