Blog
LOCKDOWN-RELATED DISPUTES AND THE ROLE OF ADR
As expected, we are starting to experience an influx of lockdown-related disputes. Here are some of the areas in which we are starting to apply mediated approaches: Renegotiating the terms of commercial agreements like commercial leases as well as various service...
read moreADR, HUMAN RIGHTS AND COVID-19
Dear friends I greet you all in peace and hope that your Easter Weekend or whatever it is that you observe or don’t observe, has been a happy one. Many have raised with me the fear of an emerging totalitarianism and/or authoritarianism accompanied by loss of civil...
read moreALTERNATIVE DISPUTE RESOLUTION IN THE TIME OF COVID 19
The World Health Organization has now declared the coronavirus outbreak a pandemic in that as of today the virus had spread to at least 114 countries. Italy has tightened its quarantines and the USA has placed a ban on flights to Europe (Kate Mayberry, Aljazeera)...
read moreCAN THE INJURY OR DISEASE HEAL OUR LIVES?
The Application of Alternative Dispute Resolution and Restorative Justice in Delict or Personal Injury Matters Say you are studying criminal law and the general public knows exactly what you are talking about. Say you are studying Delict and…crickets In its most...
read moreSACRED JUSTICE
‘Instead of seeing the many parts that make up a collective whole, the polities of faith and legal justice practice often tend to splinter and fragment these diverse facets of life’[I]I want to, over time, examine four propositions:Genuine human justice is an...
read moreWe work hard for peace and justice and sometimes we still get that call: clients have been injured or killed
In 2014 and 2015 I did restorative justice advocacy for two taxi associations in Cape Town. The work comprised: 1. Looking into the sidelining of individuals from the industry; 2. The fairness of and uniformity of application of the minibus taxi...
read moreTHE GREAT DIVORCE AND HOW WE UNDERSTAND THE CONCEPT OF JUSTICE AND THE WORK OF JUSTICE
By Sheena Jonker “On that day, you will know that you are in me and I am in you” John 14:20 That sounds a lot like union with the divine, with the creator and it sounds like a good place to start thinking about restorative justice: a justice that restores or makes...
read moreTowards a Brave New World: Restorative Justice
TOWARDS A BRAVE NEW WORLD: RESTORATIVE JUSTICE By Sheena Jonker The public look into the trial of Timothy Omotoso and especially the cross examination of Cheryl Zondi has drawn strong reaction. I wrote about her cross examination last week from a Restorative Justice...
read moreThe Broadcast of the Testimony of Cheryl Zondi
THE BROADCAST OF THE TESTIMONY AND CROSS EXAMINATION OF CHERYL ZONDI By Sheena Jonker This week I watched most of the cross-examination of Cheryl Zondi in the trial of Tim Omotoso. I wasn’t shocked. I wasn’t shocked at all. We were merely watching the criminal justice...
read moreKing’s Six Principles of Non-Violence for a Restorative Justice Approach to Land Reform in South Africans
For those of us who work as lawyers, mediators and/or activists, I believe that much courage is required right now. Specifically moral courage. The kids in the USA campaigning for more regulation in gun law in the wake of more mass shootings have resurrected King’s six principles of non-violence in what I think to be very practical ways.
I hope to spend some time in coming weeks unpacking each one as I think they relate to and/or could be applied to our peculiar context.