• Login
    View Item 
    •   NWU-IR Home
    • North-West University Journals
    • PER: Potchefstroom Electronic Law Journal
    • PER: 2011 Volume 14 No 4
    • View Item
    •   NWU-IR Home
    • North-West University Journals
    • PER: Potchefstroom Electronic Law Journal
    • PER: 2011 Volume 14 No 4
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    "Just say sorry?" Ubuntu, Africanisation and the Child Justice System in the Child Justice Act 75 of 2008

    Thumbnail
    View/Open
    2011x14x4JustSaySorry.pdf (261.4Kb)
    Date
    2011
    Author
    Sloth-Nielsen, J
    Gallinetti, J
    Metadata
    Show full item record
    Abstract
    In the midst of concerns about serious offences committed by young people, the Child Justice Act is the first formal legislative step to introduce restorative justice in South Africa, and promotes reconciliation and problem solving as an approach to the criminal behaviour of youth. This article analyses the new place of restorative justice and ubuntu in the Act through an analysis of the Preamble, Objects and General Principles sections of the Act as well as the chapters on diversion and sentencing. It notes that there is a clear and consistent framework for restorative justice and ubuntu in the Act that accords with the Constitutional Court’s understanding of both concepts. In addition, the article also enquires if the inclusion of these concepts has created a criminal justice system for children that does not hold them properly accountable for their actions. The question as to whether or not the Act has created a "just say sorry" regime is answered in the negative by way of reference to the numerous checks and balances included in the Act by the legislature. In this context it is contended that the inclusion of ubuntu–related ideologies remains relevant to the development of indigenous and locally constructed images of Africanised forms of justice, but that the true test of how it is integrated into the criminal justice system lies in the manner in which criminal justice role–players engage with ubuntu and how its implementation is effected.
    URI
    http://hdl.handle.net/10394/4679
    Collections
    • PER: 2011 Volume 14 No 4 [11]

    Related items

    Showing items related by title, author, creator and subject.

    • Thumbnail

      Management strategies for effective social justice practice in schools 

      Van Deventer, Idilette (North-West University, 2013)
      Research problem: This research focused on the following problem statement: What management strategies can be developed and used to advance effective social justice practice in schools? Research aims: Arising from the ...
    • Thumbnail

      Employees'perceved effectiveness of the performance management and development system in a selected department, North West Province 

      Modipane, P.I. (North-West University (South Africa), 2017)
      The study will contribute to the knowledge gap regarding employees' perceptions of the effectiveness of the PMS. Additionally, the study will be used as a benchmark for other provincial departments to emulate in evaluating ...
    • Thumbnail

      The child justice act: procedural sentencing issues 

      Terblanche, Stephan S (2013)
      In this contribution a number of procedural issues related to the sentencing of child offenders and emanating from the Child Justice Act 75 of 2008 are considered in some detail. As a general rule, the Act requires ...

    Copyright © North-West University
    Contact Us | Send Feedback
    Theme by 
    Atmire NV
     

     

    Browse

    All of NWU-IR Communities & CollectionsBy Issue DateAuthorsTitlesSubjectsAdvisor/SupervisorThesis TypeThis CollectionBy Issue DateAuthorsTitlesSubjectsAdvisor/SupervisorThesis Type

    My Account

    LoginRegister

    Copyright © North-West University
    Contact Us | Send Feedback
    Theme by 
    Atmire NV