How do you balance justice and implementation of ubuntu and its inherant ideas of rehabilitative justice
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Ubuntu concerns listening to and acknowledging others in relationships with the assistance of processes which establish trust, dignity, harmony, and fairness,. It denotes in its fundamental sense humanity and morality. As a criminal justice system functionary we must incorporate Ubuntu principles by treating each one with dignity or equally irrespective of their race, gender, and status.
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- There seem to be numerous ways of using the concept, but ubuntu may well be equivalent to justice. To the large extend that the philosophy tends to hold that society provides human beings their humanity.
- Ubuntu is not just a moral theory that involves the infusion of human dispositions. It also embodies the moral, notions & values, of traditional communal justice in Africa. Justice is perceived as fairness by Ubuntu in Southern Africa. In the indigenous African society this means doing what is right and moral.
- The significance of a correctly functioning criminal justice system cannot be over-emphasized. It does not only successfully deter violence but also guarantees that criminals do not re-offend. It also permits for rehabilitation & social reintegration.
- Correction of offenders in our constitutional democracy is a non-negotiable element of justice. This integration is in several ways is the core of a well-coordinated and effective criminal justice system. The goal is to strike a strong constitutional equilibrium in pursuit of justice & holding responsible those who have committed offences without compromising their dignity. The core of our constitutional democracy is human dignity. In other words, even in pursuit of justice ubuntu is central.
- Ubuntu is highly consistent with international concepts of rehabilitative justice that are fast developing. Along with the worldwide attempts to establish rehabilitative structures focused on reparative rather than merely punitive values, this is profoundly embedded in our culture. The core components of rehabilitative justice have been described as reparation,encounter, participation & reintegration
- Rehabilitation should be considered a "societal undertaking" that embraces and promotes social responsibility, social justice, the instillation of democracy values and empowers people with life skills in order to contribute productively to their communities and to improve their lives in South Africa
- All criminals should be held responsible and liable for their acts, and their offences will have consequences. Rehabilitative justice initiatives should be applied under sufficient conditions.
- When individuals are sentenced to a period in an prison, they must have a second chance of changing their criminal actions by rehabilitation and societal reintegration programs. They need to better train and improve life skills and become active people and make a positive contribution and their return to their families.
- While our criminal justice system has to be decisive and substantial in responding to victims of crime and holding criminals to account, it also needs to take into consideration the dignity and personal conditions of imprisoned individuals , particularly those who have been imprisoned in communities who have suffered most from abject poverty and violence.
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