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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Repressive and Restitutory Sanctions in the Townships: The Social Origins of the Different Forms of Punishment in the People's Courts
Author:Xaba, Thokozani
Year:1995
Periodical:Transformation: Critical Perspectives on Southern Africa
Issue:28
Pages:51-74
Language:English
Geographic term:South Africa
Subjects:punishment
popular justice
Politics and Government
Law, Human Rights and Violence
Urbanization and Migration
Peoples of Africa (Ethnic Groups)
Ethnic and Race Relations
External link:http://digital.lib.msu.edu/projects/africanjournals/html/itemdetail.cfm?recordID=621
Abstract:The apartheid justice system in South Africa alienated Africans and led to the development of strategies which confronted, encumbered and impeded its normal operation. One such strategy was the establishment in the 1980s of radical 'people's courts' in African areas. This article deals with the punishments issued by the people's courts, in particular the differences in punishment. It examines why some people's courts use repressive sanctions and why others use restitutory sanctions and focuses on the social origins of the different forms of punishment. The article is based on participant observation in two people's courts in KwaMashu (Durban), and in-depth interviews. After a section on repressive and restitutory sanctions and on the evolution of people's courts in the period 1960-1980, the article examines the successes and failures of people's courts and the conditions conducive to repressive punishment. The final chapter deals with postapartheid South Africa and the prospects for justice. Bibliogr., notes, ref.
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