We are arguing in the case that a more restorative approach (rather than claiming monetary damages) would have promoted healing and been more proportional, and we are aiming to make comparisons with our new Child Justice Act, which encourages diversion and allows for FGCs and VOMs as an alternative to prosecution (and at sentence). So we are in fact arguing that the civil justice system – at least in regard to children – in South African common law has not kept pace with criminal law developments that have now infused RJ into the statutory criminal law.
We are thus looking for any judgments that might help us with this argument, as well as any published papers. Can you point us in the direction of any such resources?
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