1 IntroductionPunishment is at the heart of any legal process in which the accused is found guilty. This falls directly under criminal law and is determined by theories of punishment. South Africa's move towards restorative justice approaches influences many aspects: it helps protect society and results in a more crime-free life for the offender. Therefore, it gives offenders the opportunity to learn from their experiences, better understand their behavior and allows victims to deal with their injustice. If South Africa is truly moving towards the application of restorative justice principles in dispute resolution, this will be evident in legislation and recent case law in different areas; including crimes committed by child offenders, less serious crimes, and serious crimes.2 Restorative justice versus traditional theoriesTheories of punishment such as retributive and utilitarian approaches focus on "repairing the harm." Retributive theories are based on the idea that the offender can only pay for his “sin” by suffering. While utilitarian approaches focus on the legal and moral order, protecting society and potential victims of the offender. This approach also involves using deprivation of liberty, pain and suffering to punish current and potential offenders. Both of these theories focus on punishment as penance. However, neither theory is concerned with the effects of punishment on the accused or the interests of the victim. Restorative justice is “an essentially non-punitive [or less punitive] resolution of disputes arising from the infliction of harm, through a process involving the victim, the offender and members of the community. It focuses on "healing the panties, reparation...... middle of document......: RSA Sentencing (A Compensation Scheme for Victims of Crime in South Africa) 97.RSA Presentation on the National Conference on Restorative Justice on the Victim's Charter 2012. Law Journal Articles: Skelton A & M Batley “Restorative Justice: A Contemporary South African Review” (2008) 21 Acta Criminologica 37. Tshehla B “The virus of restorative justice bites South African criminal justice system” (2004) 17 SACJ 1. Cases: Director of Public Prosecutions, North Gauteng v Thabethe 2011 (2) SACR 567 (SCA).S v Maluleke 2008 (1) SACR 49 (T.S v MALGAS 2001 (1) SACR 469 (SCA).Manyolo v S [2011] JOL 26684 (ECG).S v Matyityi 2011 (1) SACR 40 (SCA).S v Melapi 2014 (1) SACR 363 (GP).S v Nkunkuma [2013] JOL 30832 (SCA).S v Shilubane 2008 (1) SACR 295 (T). Legislation: Children's Justice Act 75 of 2008. Criminal Law Amendment Act 105 of 1997. Probation Services Act 35 of 2002.