ABSTRACT
Africans have always presented a world view which diametrically opposes traditional Western philosophy. In traditional Africa the concepts ubuntu, community, indigenous justice and restoration are interlinked and aimed at the restoration of victims and the reintegration of offenders back into the community. The restoration of relationships and social harmony undermined by the conflict are also of importance.
Modern restorative justice and indigenous justice practices share many similarities. The same values and principles that underpin the African philosophy of ubuntu are also embodied in restorative justice. This intersection of restorative justice and ubuntu philosophy is of broader relevance as it demonstrates how global and African philosophies have the potential to contribute to restoration and conflict resolution in diverse societies.
This chapter explores the interconnectedness of restorative justice values and the ubuntu world view as a medium to bridge the divide between traditional culture and modern day life in Africa, as well as the Western world in general. A plethora of writings investigating restorative justice from a Westernized perspective has been published but few studies exploring the normative roots of restorative justice as an enduring practice in African and other traditional cultures exist. The first section of the chapter focuses on the ubuntu philosophy and the influence it has on traditional justice practices in Africa. This is followed by an exposition of ubuntuism in a restorative justice context in which the relevance of similarities between ubuntu and restorative justice are explored. Lastly, the chapter examines the interconnectedness of ubuntu and restorative justice and asks what the relevance of these similarities are in the normative development of restorative justice as well as in the administration of justice in modern day society and the Western world in general.
