Restorative justice as a possible approach to decolonising the aspect of punishment in the South African criminal justice system

Abstract

This dissertation examined restorative justice as a possible approach to decolonising the punitive aspect of the South African criminal justice system. The research is rooted in the broader discourse of decolonisation, decoloniality, and Africanisation, focusing on how these concepts can transform epistemologies and practices inherited from colonial and Western legal systems. The study argues that the current justice system, grounded predominantly in Roman-Dutch and English legal traditions, marginalises African customary law and its restorative values. Through a literature-based analysis, the dissertation explores theories of crime and punishment, the philosophical foundations of restorative justice, and comparative perspectives from Western, Eastern, and African indigenous systems. Findings indicate that restorative justice, anchored in values of Ubuntu, reconciliation, and community participation, aligns closely with African customary law and offers a viable mechanism to decolonise sentencing. By integrating restorative principles into South African penal policy, the justice system can move towards inclusivity, rehabilitation, and social restoration rather than retribution and exclusion. The study concludes that adopting restorative justice is not only consistent with constitutional imperatives but also essential for achieving genuine epistemic and structural decolonisation within South Africa's legal framework