1 IntroductionThere is an ever-increasing trend of crime in our society. The troubling problem is that such an increase is also seen in violent crime; between 2012 and 2013 alone, there was a 4.2% increase in murder cases. Many factors contribute to these statistics, one of them being the efficiency of the South African justice system. A system of sanctions that deters people from becoming first-time offenders and prevents existing offenders from reoffending will play a crucial role in stabilizing the level of crime in South Africa. This essay will examine whether restorative justice is an effective process and therefore whether it is gaining support in the South African legal system.2 Defining restorative justice As a starting point, one must first understand what restorative justice is, which according to Burchell is defined as: “Restorative justice essentially involves non-punitive resolution of disputes arising from inflicted harm, through a process involving the victim, offender and members of the community. » Although restorative justice considers both absolute and relative theories of punishment, it is a form of punishment in the field of criminal law that differs from any other form of punishment.3 How does restorative justice differ other criminal proceedings? The restorative justice process in most cases involves a meeting between the accused, the offender and any other affected people. by crime. At this meeting, the people involved will explain to the accused how they were affected. A constructive conversation takes place and in most cases the accused is expected to apologize to those affected by the crime. The idea of ​​an apology raises an important dissimilarity between...... middle of paper ...... and imprisonment, we will not be able to solve the problem of overcrowding in our prisons. » The state of South Africa's prisons raises further concern that imprisoned people will return to society as hardened criminals who pose a more serious threat to society than before their imprisonment. the review of the decision in the Shilubane case resulted in a reduction of the sentence to a fine of 500 rand, or 6 months' imprisonment, suspended for three years.6 ConclusionIt would be very difficult to quantify the results of the process of restorative justice. as it is quite unfamiliar in the South African legal system. However, after studying the existing legislation and jurisprudence, as has been done in the discussion above, one can see that, based on its core values, which are less punitive in nature, restorative justice is gaining ground. in South Africa..