The South African Constitutional Court's restorative justice jurisprudence

Abstract

ABSTRACTRestorative justice has received considerable attention from the South African Constitutional Court. Unique features of the Court's restorative justice jurisprudence lie in its connection to the national project of reconciliation, and the linkages the Court has made between the African philosophy of ubuntu and modern concepts of restorative justice. A further remarkable aspect is the Constitutional Court's contribution through the application of restorative justice in the field of civil justice, which is distinguishable from progress made in many other countries which has occurred primarily in or alongside the criminal justice process. Although the Court's jurisprudence is open to criticism, particularly in respect of its over-reliance on court-ordered apology, it has established a firm, homegrown basis for the application of restorative justice across a range of legal contexts.