05/08/2026
The Restorative Justice Centre mourns the passing of Judge Eberhard Bertelsmann, whose leadership and legal legacy shaped how South Africa thinks about justice, healing, and human dignity.
We remember his role convening a 2006 conference on prison overcrowding, where his broad, inclusive approach drew attention to the value restorative justice could bring. That thinking found expression in his groundbreaking judgment in S v Maluleke (2008), where he embraced restorative justice and elements of indigenous law to help heal community and family wounds — even in a serious matter — rather than relying strictly on punitive imprisonment.
His ruling in S v Mokoena and S v Phaswane (2008) was equally significant, establishing constitutional protections for child witnesses and victims of sexual offences in our courts.
Beyond his judgments, we remember his humanity — his ability to engage comfortably with ordinary people without ever diminishing his standing as a judge, and the hope and encouragement he gave to all of us working in this arena of civil society. A good example of this was how he generously agreed to feature in a video we made promoting restorative justice.
May his legacy continue to challenge and inspire us.
https://www.timeslive.co.za/news/south-africa/2026-08-03-chief-justice-maya-leads-tributes-to-retired-judge-eberhard-bertelsmann/
watch Judge Bertelsmann in our restorative justice video https://www.youtube.com/watch?v=H3zHfL4Kiso
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