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A REFLECTION ON THE THEME IN AN AFRICAN CONTEXT                                                     

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…

For the Christians who brought the Gospel to Africa, the Christian community, the church, is in South Africa the most suitable body to strengthen the community at large. This is due to its calling, command and task/mission and the fact that it is best equipped to care for those in need. Christianity is growing the fastest in Africa. In South Africa more than 70% of the population indicates that they are Christians.

The value of the church community in society includes the following:

• the Church received salvation and comfort from God and is a home for comfort for all in all sorts of trouble - 2 Cor. 1:2,3,4;
• its accessibility due to its location [venue] in a community;
• its availability in a community at moments of heightened psychological accessibility;
• its mobility to move to all places of need;
• its flexibility and adaptability in all circumstances and at all times;
• a community where each member counts and is known and addressed;
• the being in Christ shines through in a caring empathy and service;
• a community where the evil deeds of the past can be addressed and where forgiveness is practised;
• a community where the deed of love lives and is alive in caring for the victim, the family of the offender and the offender and ex-offender;
• some churches and church-based organisations have care centres for parolees, probationers, alcoholics, and drug addicts;
• clergy, leaders, elders, deacons, trained members, … who can take care of the offender and people affected by crime;
• other professional persons in service of some of the churches like social workers, psychologists, councillors, medical staff;
• care groups in Churches who can be ports of grace to the offender and all affected by crime in need of reconciliation.

The extended family plays an important role in Africa, more so in the case of parents who died of HIV/AIDS and wars. Deaths due to HIV/Aids reached pandemic measures.

The political, financial and religious leaders in South Africa came together to join forces in the uplifting of the morality of the nation and to fight crime as South Africa is experiencing a crisis of values. This vision was also carried through to The African Renaissance and the New Partnership for Africa's Development [NEPAD] for the whole of Africa.

Writings from Holy Books or Beliefs

More than 58 times the writers of the New Testament used the Greek word 'alléllón to exhort believers to engage in a mutual and reciprocal process of being involved in one another. See the following twelve verses in the African Bible, NAB, NIV.

• Romans 12:5: "…members of one another…" [body]
• Romans 12:10: "… be devoted to one another in brotherly love…" [family]
• Romans 12:10: "… honour one another above yourselves…"
• Romans 15:5: "… to be of the same mind with one another according to Christ Jesus." [oneness/unity]
• Romans 15:7: "… accept one another.. just as Jesus accepted you…"
• Romans 15:14: "…admonish one another…"
• Romans 16:3-6,16: "… greet one another…"
• Galatians 5:13: " … serve one another in love…"
• Galatians 6:2: "… bear one another's burdens,…" [6:1 -restoration]
• Ephesians 4:2: "…bearing with one another in love…" [Forgiveness]
• Ephesians 5:21: "… submit to one another…" [servanthood, humility, respect, reverence, honour, teachableness and openness]
• * 1 Thessalonians 5:11: "… encourage one another…" [build up]

The elders in the tribe or family verbally passed the Ubuntu philosophy of a caring community in Africa from one generation to the other. "The Old One feels a heavy responsibility towards the young ones sitting around him… he begins the story - the old, old story which he knows he must repeat as he heard it so long ago, without changing, adding or subtracting a single word…"

Here are a few sayings and stories connected to the concept of community:

• Ubuntu: " people are people through other people."
• "If you have two cows, and the milk of the first cow is enough for your own consumption, Ubuntu expects you to donate the milk of the second cow to your underprivileged brother and sister."
• "A dish goes out, a dish comes back."
• 'To talk is to love, to love is to talk."

There are a few broad pathways implicit in restorative justice that need urgent attention in Africa:

• First is the reformation of the criminal justice system as such and initiatives to be taken by governments.
• Making provision for alternative sentences like correctional supervision [probation] and community corrections.
• Including the victim and the family in a more constructive role in sentencing, rehabilitation and reconciliation.
• Giving an appropriate place to traditional customs like Ubuntu and Palaver where applicable.
• Making room for restitution and victim compensation [reparation].
• Making accredited, state subsidised halfway houses and facilities imperative for inmates going back to society, especially the long-term inmates.
• Using the Truth and Reconciliation principle as was the case in South Africa [1996-1998], Chile and New Zealand where major conflicts were a stumbling block in correcting the wrongs of past regimes inflicted on whole communities and paving the way for restoration, reconciliation and reparation. In Africa more than 50% of the countries have unrest, struggles, wars and gross violation of human rights.
• Providing for co-ordinated efforts of all the role players in the criminal justice system in the relevant government departments and the non-governmental organisations and various denominations and religions.

Within the community, some pathways in particular, need further attention.

• To extend the African Transformation Initiatives where the Government, religious leaders and community leaders joined hands to build a new morality.
• To build on the co-operation of a significant number of the churches and denominations who joined forces to work towards the transformation of Africa as the continent is in a crisis of values.
• To extend the Operation Sunrise Africa evangelistic campaign in bringing hope to Africa and to turn the tide. In 2002 and 2003 millions of believers in Africa prayed for transformation in Africa and focussed their prayers on the 5 sins of Africa: immorality, witchcraft and idolatry, injustices - harmful acts and deeds, racism - racial hatred and ethnic pride and ungodly covenants. During The Week of Abundance in 2002 and the Week of Bounty in 2003, the Christians have shared their riches with the underprivileged.
• The healing of those affected by crime and conflict in our communities through circles of support. All the parties with a stake in each crime should collectively resolve how to deal with the crime, the aftermath of the crime and its implication for the future.
• To provide professional help for the victims of crime as a standard practice and not only to make available all sorts of professional help to the offender alone. In this regard medical schemes should change their policy to include professional help to victims of crime.
• Each person should take responsibility for his/her own deeds and should not fix the blame on somebody or something else.

These Restorative Pathways Can Offer the Following To Strengthen Life in a Community

1. Bringing together all the forces against crime as a united front against the onslaught of the criminal and criminal deeds. Bringing together the State and the people as a united force. The churches and the governments realised their inability to bring forth restorative justice on their own- they need each other to fulfil each one's role within their field of responsibility/interest.
2. Making better use of finances and resources, especially human resources.
3. Focusing on hope by fighting despair and bringing hope in a crime stricken world.
4. Lessening the fear of being a victim. Take the focus away from living in fear.
5. Restoring the dignity of the victims of crimes.
6. Sending out the message that crime will be taken seriously.
7. Fighting evil with good and so break the vicious circle of recidivism.
8. Placing responsibility back where it belongs.
9. Recognizing that this is in line with the great command and commission.
10. Restorative justice can offer a holistic approach, starting at the roots.

    Efforts to address conflict and crime have been effective in bringing people together, restoring harmony, a sense of safety, a sense of satisfaction that justice is happening.

    • The work of the Truth and Reconciliation Commission has left an indelible mark on the South African community, not only by recording as best as it could the 'truth' about the past, but by recommending and setting guidelines for nation building and reconciliation in the future. It leads the way to a long process of restoration, reparation, reconciliation and reform.
    • Churches, denominations and faith-based organisations who were antagonistic and even hostile towards each other in the past, have joined hands in fighting crime, the causes of crime and the results of crime. Some churches are talking about a unity church and others about church unity, which calls for a dialogical unity in diversity and combined actions in order to be faithful incipient communities in society. There is a call for more effective means to express mission as a one and undivided church and to move from maintenance to mission.

    The churches in South Africa reacted to the calls from the government for help:

    The Dutch Reformed Church declared the year 2001 as The Year of Hope and eventually the century as an Era of Hope. They focused on the hope for God's world, moral repair, fighting poverty and reconciliation. An emergency relief project code named Wings of Hope was formed which is an integrated network, covering the whole country, of all people interested to help immediately in a crises.

    • The incidence of major crimes dropped by 60% in Cape Town following the evangelistic campaign of Operation Sunrise Africa in 2002.
    • During the Week of Bounty and the Week of Abundance, Christians donated abundantly for the relief of poverty, one of the major causes of crime.
    • Walk Thru the Bible made and distributed a video "Hope for Africa - God's answer to AIDS" in prisons and it is on its way to all of Africa. Africa has by far the greatest occurrence of HIV/AIDS in the world. One aspect dealt with in the video and the presentations is forgiveness, one of the cornerstones of restorative justice.

      MESSAGE TO OUR COMMUNITY ABOUT THE IMPORTANCE OF RESTORATIVE JUSTICE AS A NEW PARADIGM FOR DOING JUSTICE THAT CAN IN FACT CONTRIBUTE TO THEIR WELL BEING.

      The church has the genuine service motif, the specific service objective and worthy service objective to contribute towards restoring justice. The structures and organisation of the caring church makes it a mighty weapon. The church still has a message to and a stance in the community.

      If the church is not a home for victims of crime, offenders, families of offenders, ex-offenders, criminal justice personnel, no other institution can fill that empty place and fulfil that role.

      Restoring justice is a fulfilling of the great commandment and practising the great commission of loving one another.

      Restoring, healing justice is in fact going back to Biblical principles and practises of spreading the Gospel as recorded in Acts.

      Restoring justice is taking care of the body of Christ [Matthew 25:35-45].

      PRAYER- GOD BLESS AFRICA

      Lord, bless Africa; may her horn rise up; hear Thou our prayers and bless us. Descend, O Spirit, descend, O Holy Spirit.
      Bless our chiefs, may they remember their Creator, fear You, that You may bless them.
      Bless the public men, bless also the youth that they may carry the land with patience and that Thou may bless them.
      Bless the wives and also the young women; lift up all the young girls and bless them.
      Bless agriculture and stock raising. Banish all famine and diseases; fill the land with good health and bless it.
      Bless our efforts of union and self-renewal, of education and mutual understanding and bless them.
      Lord, bless Africa. Blot out all its wickedness and its transgressions and sins, and bless it. May her spirit rise high up. Hear Thou our prayers and bless us. In Jesus' Name. Amen.

      RESOURCES

      Broodryk, Johann. Ubuntu, Life Lessons from Africa. 2002. ISBN 0-620-29331-4
      Buchanan, Duncan and Hendriks, Jurgens ed. Meeting the Future. 1995. Knowledge Resources. ISBN 1-874997-05-5
      Eenders dink, eenders doen? Kriel, Abraham. 1996. Lux Verbi. ISBN 0-86997 583 X
      Jericho Walls International Prayer Network. April-May 2003.
      Kerkbode. Official Newspaper of the Dutch Reformed Church in SA. 9 May 2003.
      Lab, Steven P. Crime Prevention. 1997. Anderson Publishing. ISBN 0-87084-513-6.
      Meiring, PGJ. Chronical of the Truth and Reconciliation Commission. 1999. Carpe Diem Books.
      Meiring, Piet. Die Kerk op pad na 2000. 1997. Tafelberg ISBN 0 624 01055 4.
      Mulemfu, MM. Palaver as a Dimension of Communal Solidarity in Zaire.1995. Unpublished Phd thesis.
      Prozesky, Martin. Ed. Christianity in South Africa. 1990. Southern Book Publishers. ISBN 1.86812 251 4
      Seedat, M ed. Community Psychology. 2001. Oxford University Press. ISBN 019 571922 0.
      Swanepoel, Francois. Ed. Prison Ministry; The New Challenge. 2003. CB Powell Bible Centre.
      Turn TheTide 2003. February 2003.
      Van Niekerk, Attie. Sààm in Afrika. 1992. Tafelberg Uitgewers. ISBN 0624 03115 2
      Van Niekerk, Attie. Anderkant die Reënboog. 1996. Tafelberg. ISBN 0 624 03526 3
      Walaza, M., Insufficient Healing and Reparation.
      www.gov.za for NEPAD, African Renaissance.
      www.jwipn.com for Jericho Walls International Prayer Network.
      www.turnthetide.net for Turn The Tide and Transformation Africa.
      www.transformationafrica.org for Transformation Africa.

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