AN EXCERPT FROM:

"A REFLECTION ON THE THEME IN AN AFRICAN CONTEXT"

by

Kobus Bezuidenhout, former Prison Chaplain, South Africa, member of the Steering Committee of the International Prison Chaplain's Association, and active in Restorative Justice Initiatives

The Value Placed on Community and Ubuntu:

"Restorative Justice is not a new concept and practice in Africa. By doing what is contrary to society's rules a person exposes him/herself to the multiple risks in life and to total rejection by the whole community because the general view among the traditional African is that a person finds his/her full identity only within its social structures. The person who breaks the law is a transgressor or a sinner. When a transgression or sin disturbs the harmonious interactions of people, a big gathering of the kinship group or whole community is then convened to find ways and means to acknowledge or remedy the situation. It includes: reconciliation; organising happy or sad events; purification; healing of some social diseases with the goal of rebuilding or re-establishing a new order; security and protection in the community. This gathering is called palaver [to compare with the family-group-conferencing].

Palaver is possible within the traditional worldview and life style called Ubuntu [humanness]. Ubuntu is a comprehensive ancient African worldview based on the values of intense humanness, caring, sharing, respect, compassion and associated values, ensuring a happy and qualitative community life in a spirit of family. Ubuntu determines and influences everything a person thinks, says and does. The communal live is the foundation of society. The strong communal solidarity and the sense of the group inhibit people to function outside social boundaries, rules, responsibilities and commitments.

"People [ubuntu] are people through other people" is a saying that reflects the essence of the traditional African community. Add further the Tsêma principle used in Mozambique. When soldiers return from a war they are cleansed in their communities of their impurity due to the killing of other human beings. Elsewhere in Africa purification of the offender takes place after release from prison. Purification of the clan or tribe also takes place due to the shame the criminal did to them and to prevent disasters or punishment from Above.

Throughout the ages, many roads crossed and joined the continental Ubuntu highway used by more than 2000 clans, tribes or ethnic groups with each its own language, history and culture. South of the Sahara Desert, the populations who use the highway consist of a mixture of highly westernised people, traditionalists, Christians, atheists, Muslims, Hindus, etc. All over Africa, people have been led to the point of despising their own native traditions and cultures and of regarding foreign ideas and cultures as the only way to human dignity. Today, a common belief is that the traditional Ubuntu culture of Africa should return and could even be of great assistance to the West in its combating of social decay, crime and its effects. Well, as Plinius said: "Ex Africa semper aliquid novi." (There is always something new in Africa.)

Looking at the aims and goals of traditional Ubuntu and Palaver with all it's content [transgression, judgement-dialogue, confession-pardon, punishment fine and celebration] bring forth real challenges for all the role players in restorative justice in an African context. Not that the whole society should be Ubuntu-fied…"

by

Kobus Bezuidenhout, former Prison Chaplain, South Africa, member of the Steering Committee of the International Prison Chaplain's Association, and active in Restorative Justice Initiatives