Social justice for peace: towards the complementarity of criminal justice systems- The case of the San communities of the Northern Cape Province of South Africa

Originating from the need for the recognition of social justice for communities living in remote areas and in conditions characterised by unequal power relationships, fear and exclusion. This article addresses the question 'How can the complementarity of the criminal justice system of South Africa in partnership with communities, with specific reference to the San communities of the Northern Cape Province of South Africa, achieve social justice?'. The authors argue that social justice for communities such as the San communities of South Africa, could be achieved by means of a triangulation that involves mutual respect for the dignity of the person; applying the principles of human rights to all people; and the complementarity of dispute resolution processes which are acknowledged by the communities. After offering a theoretical and philosophical framework, the specific case study of the San is discussed to elucidate how the criminal justice system in partnership with communities, can achieve complementarity of justice systems towards social justice in society at large. This complementarity is relevant in highlighting access to justice and the implementation of dispute resolution processes that accounts for the rights, human dignity, culture and integrity of the participants.