“Tradition Ways and Juvenile Justice: Synergy for a New System in South Africa.”

Source: Documents of the Inter-Ministerial Committee on Young People at Risk.

Van Eden identifies the ways in which the retributive character of traditional justice systems, both in South Africa specifically and in general, fail to bring true justice and rehabilitation to either the offender or the victim. Van Eden identifies the philosophy and methods of the indigenous Inkundla system of communal justice and shows how such justice meets the needs of both victim and offender. Urbanization and apartheid have weakened or altered social cohesion, increased the incidence of criminal behavior, and created a stumbling block in the way of reforming the current justice system. For this reason, communities would benefit greatly from adopting the institution of Family Group Conferencing to deal with their urban experiences and youth criminal acts.