Restorative Justice: briefing by Nicro; Planning for International Study Tour

19 February 2002
RESTORATIVE JUSTICE: BRIEFING BY NICRO; PLANNING FOR INTERNATIONAL STUDY TOUR

Chairperson: Mr N B Fihla (ANC)

Relevant Documents:
Presentation by Nicro on Restorative Justice (document awaited)

SUMMARY
The Committee was briefed by Nicro (National Institute for Crime prevention and Reintegration of Offenders) on the concept of restorative justice. They outlined the strategies used in implementing the concept. Members were supportive of the concept and impressed with Nicro's work.

The Committee discussed an overseas study tour on restorative justice. A visit to Canada was proposed as it was felt that they are the world leaders in restorative justice.

MINUTES
The Chair explained that the briefing was a follow-up on last year's workshop on restorative justice. This was an important concept in South Africa as it has ramifications for the whole justice system. Members of the Committee needed to be fully armed with the concept of restorative justice, as there would naturally be initial resistance to it.

Nicro was represented by Ms Khanya Mpuang ( National Programme Manager: Offender Reintegration) and Ms Fairoza Brey (National Programme Manager: Youth Developoment and Diversion).

Ms Mpuang explained that they would share their experiences of restorative justice and how Nicro has incorporated it into their work.

Ms Mpuang agreed with the Chair that a relatively new concept such as restorative justice would meet with fear and resistance. The concept was a "problem-solving" approach to crime with many proponents and a great deal of literature supporting it. The thrust of restorative justice is to look at the wrong done as well as the plight of the offenders themselves and ask the question: "How can we heal?"

Principles
Ms Brey explained that there were three principles behind restorative justice. Firstly, crime is viewed as primarily a conflict between individuals, communities and victims and only secondarily as an action committed against the State. This is a crucial pillar of the concept, as victims need to know how the perpetrators are being dealt with, rather than just being lost in the system. Secondly, restorative justice aims to create peace in a society. Thirdly, restorative justice requires the active participation of victims, offenders and communities. This final point was especially important as highly bureaucratised legal procedures have taken the place of real justice. Restorative justice offers more than just repayment to the victim; it empowers the victim by giving him or her a voice. The needs of the offender are also considered and the offender is encouraged to face the victim. In the retributive justice system the offender could hide behind the system, whereas in restorative justice they face the victim.

Practical Implications
Ms Brey then briefed the Committee on the practical implications of restorative justice. Pilot 'family-group conferencing' projects had been underway since 1997. These pilot projects deal with young offenders outside the existing system and involve prosecutors, victims, offenders as well as the families of victims and offenders. Ms Brey emphasised that the participants were not forced to take part in the programme. Once the 'family-group conferencing' stage is over, everyone affected by the crime is called, including headmasters, church leaders and other community participants. Ms Brey said that the success of the project depends upon the extent of community involvement and willingness of the offender to apologise.

A key challenge facing Nicro and other proponents of restorative justice is changing the mind-set of communities to accept offenders back into the community.

Another programme currently undertaken by Nicro is the community service programme where young people work for non-profit organisations in the community. This enables them to give something back to society and in doing so, gives them a sense of achievement.

Discussion
Mr S N Swart (ACDP) commended the representatives from Nicro on their work. Was Nicro part of the Child Justice Alliance and had they contributed to the Child Justice Bill which introduces the principle of restorative justice?

Ms Brey replied that Nicro is a part of the Child Justice Alliance. They deal with 15 500 youth annually, which still leaves 55 000 youth needing services annually; Nicro is the largest NGO dealing with diversion in the country and is trying to build partnerships for an integrated approach.

A Committee Member asked how Nicro would counter perceptions that restorative justice is 'soft' on crime.

Ms Mpuang said that the answer is to educate communities. It is necessary to show that restorative justice makes offenders accountable for their actions and that there is an alternative to prison. Indigenous communities once used dialogue and discussion as part of their justice system. It is important to resuscitate such communities and open dialogue again.

Ms P W Cupido (DP) asked what the ratio of worker per child was, given that there are only forty-five staff members and two hundred volunteers country-wide. She also asked if the government made resources available to Nicro. Finally, Ms Cupido asked where Nicro aims to be in two to three years time.

Ms Brey replied that there is one staff member for every four hundred and fifty children in need. She said that these children are not only Nicro's responsibility and that they need help from the government. Nicro's work was becoming increasingly challenging as they struggle to get funding. She said that this is especially worrying, as Nicro's main funders in the Netherlands have announced that they will move out of South Africa by 2004.

Ms Brey said that Nicro plays an important part in relieving the criminal justice system, yet they do not receive a cent from government. Nicro's success is evident from follow-up studies that show that ninety-three percent of young offenders who have been on the Nicro programme do not re-offend within a year of completing the programme and eighty-four percent do not re-offend within three years.

With regards to the plans of Nicro, Ms Brey said that the demand for Nicro's work is great. Therefore the organisation needs to be pro-active and initiate a co-ordinated effort with other organisations.

Ms Mpuang pointed out that restorative justice principles have also been used successfully with adults who have been in prison.

Mr D V Bloem (ANC) asked the attitude of prosecutors and police when a person has been charged. In his experience, some magistrates do not want to put people under correctional supervision.

Ms Brey said that Mr Bloem was quite correct and that the attitudes of some magistrates sometimes make things difficult. However, magistrates are being trained and educated with regards to the principles of restorative justice.

Mr Swart (ACDP) added that there are laws already in place that proscribe prosecutors to take diversion into account as an alternative to incarceration.

Mr L N Diale (ANC) asked whether the various Nicro offices have been able to co-ordinate their work successfully.

Ms Brey said that there are offices in all nine provinces. These are co-ordinated by the national office run by the four national programme managers.

Mr G C Oosthuizen (ANC) asked the Nicro representatives to share their ideas regarding a "half-way house" concept. This is important as often prisoners are released who have no support and no finances and for whom it is sometimes easier to go back to prison.

Ms Brey said that Nicro does not run a half-way house programme as such. Rather, they have implemented an " are you tough enough?" (to stay out of prison) programme designed to prepare prisoners for the outside world six months before they are due to be released. They also have welcoming committees to help the prisoner upon their release. The response from former prisoners has been positive.

Mr Oosthuizen said that it is well known that prisoners always protest their innocence. How does Nicro manage to get prisoners and former prisoners to admit that they have wronged?

Ms Mpaung replied that Nicro had been successful in showing prisoners that they had made the wrong choice making it easier for them to admit that they had wronged.

Ms Brey added that all the prisoners that they dealt with were willing to come on the programme.

Mr Oosthuizen asked if the police were actively involved in Nicro and if so whether they took part on a voluntary basis. In addition, he urged Nicro to keep up the good work as if crimes such as shop lifting are curbed, then more serious crimes will be prevented.

Proposed Study Tour
The Chair raised the issue of the proposed tour abroad to study restorative justice in action in another country. In New Zealand, for example, the cost to the victim of a crime is calculated, allowing for the victim to be fully involved in the justice process. The Chair said that it was necessary for the Committee to decide as a group whether a study tour would benefit them. The Chair called on Anusha Pillay, ANC researcher for Correctional Services to report on the viability of such a tour.

Ms Pillay said that the research team had proposed Canada. Canada's criminal justice system had made great progress with respect to restorative justice as well as other isuues such as parole systems and women in prison. Such a trip would allow the Committee to gather information from the leading country in restorative justice. Correctional services in Canada had successfully decreased in-mate rate and implemented HIV/Aids programmes in their prisons.

The Chair said that Committee visits abroad were becoming restricted and that the Committee would therefore need to present a strong case that such a tour was necessary.

Mr Oosthuizen (ANC) commented that authorities in New Zealand had said that Canada was leading the way in terms of restorative justice. The document compiled by the research team constituted a strong enough case for the visit abroad to go ahead. Members should not be deprived of the opportunity to visit Canada, especially Quebec, as it is multi-cultural. Every political party agrees with the concept of restorative justice and there is therefore no reason why the Committee should not move forward on this matter.

Mr Swart (ACDP) said that he supports Mr Oosthuizen's and Ms Pillay's sentiments as Canada is definitely the world leader in restorative justice. The Child Justice Bill will have an impact on Correctional Services and contains principles of restorative justice. It is therefore a matter of urgency to implement the relevant legislation.

The Chair said that it would be a good idea to ask Canada for any relevant documentation so that Committee members would be up to speed before the visit.

Ms Pillay added that another motivation for the trip to Canada was that the Minister was going there.

The meeting was adjourned.