Vasu Shilubane was charged with theft at the Pinetown Magistrates Court in Durban on the 6thof January 2023. He is 19 years old. On 16thDecember 2022, driven by desperation as they had no foodat home, he stole 7 chickens from Mr Radebe's farm. He figured that MrWikusRadebe had 100's ofchickens and would not be negatively impacted the missing 7. Mr Radebe is very upset by the act of vandalism and theft. The electrical fencing had been damaged by Vasu and poultry theft had become a common occurrence in his community Mariannhill, as a result of several other and much larger incidents of theft, Mr Radebe was not making a profit anymore. Fortunately, just prior to the latest incident, the farming community had CCTV cameras installed which had captured Vasu in the act. Stock theft had become very popular in the Marainhill community and affected all the local farmers.

Vasu and his parents are very worried as they spoke to a Legal Aid lawyer who told them that Vasu could face imprisonment as they do not have money to pay a fine. Vasi has been awarded a NSFAS bursary to study poultry farming at Mangosuthu University Technology in 2023 and he will have to forfeit that if he has a criminal record against his name.

If you were the legal aid lawyer, how would you use the principles of restorative justice to resolve this case? What are the different ways this philosophy could be used to help Vasu and the community. There are many different ways to resolve disputes other than litigation. Conduct further research and be creative in exploring some of these options.

With reference to the case study, draft a victim offender agreement based on this scenario using

principles of restorative justice.

Note the following:

The agreement must reflect the wishes/desires of the client. Please make the necessary

adaptations.

The agreement must also include the ways in which the offender will be repairing the harm,

taking into account the constitution, restorative justice andubuntu.

Marks will be deducted for poor referencing (100 MARKS)

Department of Justice and Constitutional Development,Court-Annexed Mediation2019http://www.justice.gov.za/mediation/mediation.html.

Van den Berg v Le Roux[2003] 3 All SA 599 (NC) and look for recent cases.

ReadMB v NB(2010) (paragraphs 48 to 60 only)

http://www.saflii.org/za/cases/ZAGPJHC/2009/76.html

S v Shilubane2008 (1) SACR 295 (T)

A Skelton & M Batley 'Restorative Justice: A contemporary South African Review' (2008)

21(3) Acta Criminologica

PLEASE USE SOUTH AFRICAN LAW