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2. Who did it? 2. What are their needs? 3. What do they deserve? 3. Whose obligations are these? African indigenous justice systems apply restorative justice principles in the settlement of disputes. To appreciate the principles and processes of African indigenous judicial system, some understandings of the philosophical underpinnings of African concepts of justice will be appropriate. African Philosophy of Justice A brief review of the philosophical underpinnings of African principles of justice is pertinent.
The offense is viewed as a joint responsibility . . as a symptom that something is drastically wrong—and that something decisive is needed to correct it. . [T]he change called for is the transformation of a criminal justice system based on retaliation and disablement to a system based on reconciliation through mutual restitution. Restorative justice is participatory justice-making. Restorative justice is not a novel initiative it, rather mirrors ancient ways of settling disputes. It creates opportunities for the victim, the offender, their families, and the community, to be involved in defining harm and potential repair.
In indigenous African religion, God is recognized as the Supreme Being that created heaven and earth. God’s media of communication with human-beings are through other natural objects, such as “trees, rocks, rivers, and mountains, and rivers” (Gyekye 1996:6). This does not presuppose nature worship since the belief is that the objects are inhabited by spiritual beings who are intermediaries between God and humans. The belief in mystical power is a major aspect of the African religion. This mystical power is expressed through magic, which could be utilized by people with such endowment for good or evil.