YEARS of experience have taught Austin Dube one thing – settling a legal dispute by forgiving or compensating a person is much more effective than punishment through the legal system.
Dube has been an assessor by profession under the auspices of the Department of Justice and Constitutional Development, with 20 years of experience. “Sometimes people need to discuss the matter – especially in domestic matters – before going to court. This rules out things like intimidation to get the better of the plaintiff, resulting in cases being thrown out of court. That’s why I always advocate that people try to forgive or seek compensation from each other.”
In his years seated besides magistrates he has gained a reputation as the man who resolves disputes through facilitating discussions between the parties involved. As a mediator of sorts, he has become popular in Soweto and Alexandra after his involvement in cases where people resolve their differences by talking it through.
“When people face each other and discuss the matters at hand both parties feel that they win. The perpetrator gets forgiveness and takes full responsibility for his or her wrong actions, and the victim walks away feeling victorious after the perpetrator has admitted to offences and asked for forgiveness.
“This is especially true in minor offences where possible jail time and a criminal record could ruin somebody’s life,” Dube told the COURIER.
According to Dube, when parties agree to the confession of offences committed and the victim is then compensated in a way agreed to by both parties, the victory is sometimes far greater for the victim – as compared to the offender getting a mere slap on the wrist and a warning and walking away free.
Dube has even established an office that is recognised by the legal system and puts resolutions into ‘legal writing’; and is willing to bring this pro bono service to the South of Johannesburg, giving people an opportunity they never actually had before – that of resolving matters without costly court procedures.
He further explains that such discussions also rule out the possibility of cases being dismissed due to a lack of investigation, leaving the victims feeling even more victimised because the offender is walking out of court free, with no questions asked and is then seen as an innocent.
“These talks also rule out the possibility where, especially elderly folk who cannot speak, read or write English properly, sign police statements which may be contradictory to what they will state under oath in a court of law,” he said.
He is also of the opinion that this way of resolving matters makes it easier for especially younger perpetrators. “Once you have your fingerprints taken and have a criminal record, it is very difficult to start a fresh life upon being released. Although these youngsters get skills training in prison, that record will remain with them forever.
“That is why workshops will be vital in the South to better equip ordinary citizens and emphasise that not every situation or case opened guarantees a clear win – somebody will lose something along the line. I am willing to help the community in every aspect regarding the law of South Africa,” explained Austin.
Those in the South who wish to contact Austin can reach him on 082 639 5903.
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