ABSTRACT

This chapter explores what role the concept of transformative justice might have in addressing the continuing effects of historical wrongs on South Africa in the post-transition period. It suggests that transformative justice can most readily add value to the analysis of existing and proposed actions in relation to their contribution to addressing socioeconomic rights violations and other historical wrongs. The chapter argues that the transformative justice framework could play a role in implicitly or explicitly shaping practice. It discusses the latter possibility then moves on to a discussion of the former. The chapter also discusses possible value added by a transformative justice approach. It also argues that for term to retain meaning it is essential transformative justice is defined and applied as distinct from transitional justice and social justice, even if a degree of overlap is necessary. The chapter shows that it is necessary to understand and approach human rights from a variety of disciplinary perspectives beyond the narrowly legal.