Life Orientation CAT Part A

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QUESTION 3

RESTORATIVE JUSTICE – BREAKING THE CHAIN

Compulsory – 20 marks

AIM: Through the analysis of a contextual source, you will respond to the concept of
restorative justice.

Name: __________________________________________________ Class: __________

INSTRUCTIONS

• Read the sources below and then answer the questions that follow.
• Take note of mark allocations as an indication of length and depth of response.

Source 1: Nov. 21 marks the start of National Restorative Justice Week

It's a system that brings victims and young perpetrators together to help heal.

Sudbury District Restorative Justice is a non-profit organisation that offers free programmes
focused on conflict and harm reduction for youth aged 12–17. Restorative justice operates on
the belief that harm can be healed through the sharing of feelings and experiences, the open-
minded listening and hearing of feelings and experiences, and the acceptance of responsibility
and accountability.

'Restorative justice is a methodology* that believes that through people sharing, speaking, and
also being heard, healing can happen,' said Stacey Lavallie, programme co-ordinator with
Sudbury District Restorative Justice. 'It isn't about punishment. It isn't about retribution*. It's
about both the victim and the individual who caused harm talking to each other and finding a
way to make real and substantial efforts at healing the wound that was caused by whatever
happened.'

Traditional justice is much more effective when the person does not take any accountability or
responsibility for what they do, Lavallie said.

'Restorative justice requires the person causing harm to say, "Yeah, what I'm doing has caused
harm. And I'm responsible for that. So, I want to make it better",' she said.

Sudbury District Restorative Justice has helped hundreds of teens who have been involved in
various types of crime, including hate language, sexual assaults, physical assaults, theft,
vandalism, and mischief, Lavallie said.

A good example of the healing benefits of restorative justice can be seen through one of its most
notable success stories, she said.

She said Sudbury Restorative Justice helped a teen who was in a poverty situation, his family
didn't have money, so he started engaging in small thefts around the community to get money.

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The teen ended up stealing some lawnmower parts from an older gentleman in the community,
who would take broken lawnmowers, fix them and resell them. He was ultimately caught, but
instead of going through the criminal justice system, and in an effort to avoid criminal charges,
the teen attended a mediated* restorative conference with the man from whom he stole.

'They got to talking with each other, and the guy agreed to let him mow his lawn for the summer,'
Lavallie said.

The man got to know the teen, and he became a father-type figure in the teen's life, she said.

'The man let him borrow some of the lawnmowers and start mowing lawns in the community for
money.' she said. 'When winter came around, it changed to snowblowers. So, this kid basically
was running his own little business, making money legitimately.'

It's not just about the person who caused harm, she said. It's also about the people who were
harmed.

While many victims have also been helped through restorative justice here in Sudbury, not every
victim is so willing to meet with the young perpetrator, she said.

'That is a big challenge for us,' Lavallie said. 'A lot of times, they say no. Sometimes, they come to
the conferences, and they're angry. They just want to rip into the kid who wronged them. And
so, there are definitely some struggles there.'

Sudbury District Restorative Justice offers programmes to youth including mediated restorative
conferences, conflict management coaching and a theft education program. Adult programmes
are also available, such as eviction prevention and housing dispute resolution.

The non-profit is looking to expand its services, creating programmes addressing racism, hate,
risky social media use, and human trafficking. The stumbling block has been successfully
obtaining funding for the programmes and for the staff to deliver them.

[Pickard, A, 22/11/2021, Nov. 21 marks the start of National Restorative Justice Week, Sadbury.com,
<https://www.sudbury.com/local-news/nov-21-marks-the-start-of-national-restorative-justice-week-
4784485>, accessed 26/11/2021]

GLOSSARY

∗ Methodology: a particular procedure or set of procedures used in a particular area of study.
∗ Retribution: punishment inflicted on someone as vengeance for a wrong or criminal act.
∗ Mediated: bring about (an agreement or solution) by intervening in a disagreement/offence.

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Source 2: How restorative justice can bring health to SA's fractured communities

Efforts to implement restorative justice in various scenarios across SA are bearing fruit, and the
stories are being highlighted this week, International Restorative Justice Week.

This year's theme is 'Protect and empower the person harmed' and is particularly aligned with
the work being done in SA. Restorative justice is a system that focuses on the rehabilitation of
offenders through reconciliation with victims and the community at large.

One practitioner, Venessa Padayachee of the College of Humanities at the University of KwaZulu-
Natal – who has been working in collaboration with various NPOs, conflict resolution experts and
the Restorative Justice Centre (RJC) – presented three case studies illustrating the success of
restorative justice interventions.

Titled 'Stories of healing and restoration', Padayachee's project involved work with three Khulisa
beneficiaries.

Khulisa Social Solutions and the RJC have been applying tangible interventions to transform the
way that people coexist in SA, proving that restorative justice initiatives can radically improve
community safety and progress.

'We are introducing different types of dialogue around restoration, bringing in grassroots
community members, showing their capacity to negotiate their own peace. By doing so, we open
up opportunities for investment in developing people to their full potential as constructive
members of society, primarily through NGOs at this level,' said Lesley Ann van Selm, founder and
MD at Khulisa.

She said Khulisa and the RJC intend sending out skilled mediators to the hardest-hit communities
in SA with the aim to reduce crime, violence and bullying.

[One example of a number of success stories is of a case involving] Lydia Sono, a community
builder and health trainer. Sono and her girlfriend were attacked and raped by a group of men
known to them. They reported the matter and the police treated them badly – derogatorily*
referring to them as lesbians, refused the case, and referred them to the hospital. Sono tried to
lay charges several times but was fobbed off and ordered to bring the suspects in herself if she
wanted action. Depressed, she attempted suicide.

Eventually she received assistance from a supportive NGO, started a support group of her own
and more than 200 people from her community came out as gay.

She has now registered the Lydia Sono Foundation, hosted 10 community dialogues and has
become a respected activist. She has received awards for bravery, participated in a Green Paper
drive to have Home Affairs include a third gender marker in IDs and founded a church that does
not discriminate against LGBTI people.

[Gifford, G, 24/11/2021, How restorative justice can bring health to SA's fractured communities, Times Live,
<https://www.timeslive.co.za/news/south-africa/2021-11-24-how-restorative-justice-can-bring-health-to-sas-

fractured-communities/>, accessed 26/11/2021]

GLOSSARY

∗ Derogatorily: Belittling; intending to detract and diminish the person.

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QUESTIONS

3.1 According to both sources, what are the two main areas of focus of the restorative
justice process and how is it facilitated?

(1 + 1 + 2 = 4)

3.2 Both sources talk about the conditions necessary for the restorative justice process
to be effective. What are these two conditions? Describe them fully.

(4)
3.3 According to Source 1, under what condition is traditional justice more effective?

(1)

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3.4 Consider the statement in paragraph 5 of Source 2: 'Khulisa Social Solutions and the
RJC have been applying tangible interventions to transform the way that people
coexist in SA …'

Unpack this idea – give an example of a situation where this 'co-existence' is
problematic and what you think it should change to.

(2)

3.5 What do you find interesting/notable/inspiring about Lydia Soho's story in Source 2?
Explain your answer.

(1 + 2 = 3)

3.6 Consider the following quote from paragraph 6 of Source 2: 'We are introducing
different types of dialogue around restoration, bringing in grassroots community
members, showing their capacity to negotiate their own peace. By doing so, we open
up opportunities for investment in developing people to their full potential as
constructive members of society, primarily through NGOs at this level'.

3.6.1 Why is it important to bring community members into the dialogue around
restoration?

(1)

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3.6.2 Why is it important to show people their capacity to negotiate their own peace?

(1)

3.6.3 What does the term 'constructive members of society' mean?

(1)

3.7 Consider the importance and effectiveness of restorative justice as opposed to
traditional justice in your country or community. Do you believe there is a need for
each of these forms in your own context? Explain your answer.

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[20]

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