Restorative Justice in the South African Truth and Reconciliation Commission

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2025-02-02

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Journal of Customary and Religious Law

Abstract

The Truth and Reconciliation Commission (TRC) , established in South Africa, is a model for other TRC because it addresses the injustice, reparations, and healing processes that took place during the postapartheid era in South Africa, which has been classified as a crime against humanity. It is critical to consider how restorative justice is applied and the kinds of remedies it might provide for South Africa. The victims, their families, society, and the country can benefit from restorative justice. Restorative justice seeks to bring about healing by viewing trauma as a social problem that everyone in society must deal with rather than an individual issue since trauma is a common experience that is collectivelyshared. This paper uses the doctrinal research methodology to employ restorative justice in resolving the education conflict in postapartheid South Africa. The Bantu Education Law during the apartheid regime in South Africa severely limited black people’s right to an education. This resulted in a generation-long conflict that is challenging to resolve, one that has also had an impact on future generations. Restorative justice, which was tried in South Africa after apartheid, provided an avenue to resolve this conflict and provided the only way to start talks that would lead to positive peace. The simplest definition of restorative justice’s fundamental tenet is “repairing damage, replacing it, or compensating it.

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Restorative Justice, Bantu Education Law, South Africa, Truth, and Reconciliation, Commission.

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