RESTORATIVE JUSTICE: EMERGING STRATEGIES FOR DEALING WITH CRIME AND THE INTERESTS OF STAKEHOLDERS

Abstract

This article explores the growing relevance of restorative justice (RJ) as a viable alternative to the traditional retributive criminal justice system. Rooted in indigenous conflict resolution mechanisms, RJ prioritizes healing, accountability, and reintegration over punitive responses. Drawing on global experiences from New Zealand to South Africa the article examines the conceptual foundations of RJ, including its emphasis on restoration, reconciliation, and stakeholder participation. The study outlines key RJ practices such as victim-offender mediation, community conferencing, circle sentencing, and emerging digital platforms. Particular attention is given to the interests and rights of stakeholders: victims are afforded a voice and restitution; offenders benefit from opportunities for rehabilitation and reintegration; communities are engaged in conflict resolution and healing; and the state gains cost-effective justice outcomes. The article also analyses legal and policy frameworks that support RJ, referencing international instruments such as the UN Basic Principles on the Use of Restorative Justice Programmes and comparative national examples. Through selected case studies, it evaluates the outcomes and limitations of RJ, addressing critical concerns around voluntariness, power imbalances, secondary victimization, and challenges in handling serious crimes. The paper concludes by proposing legislative reforms, stakeholder training, institutional support, and public sensitization as pathways for integrating RJ into formal justice systems. Ultimately, it argues that RJ offers a transformative model that fosters dignity, social harmony, and sustainable peace.