RESTORATIVE JUSTICE: BRINGING BACK THE PILLORY?

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 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 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.