South Africa: Spanking Children is Unconstitutional, ConCourt Rules

Constitutional Court of South Africa (file photo).
18 September 2019

Cape Town — The Constitutional Court has upheld a South Gauteng High Court ruling in 2017 to eliminate the common-law defence of reasonable chastisement when spanking a child, TimesLive reports.

The court said that there are effective ways to discipline a child without needing to resort to corporal punishment. The case arrived at the Constitutional Court after the South Gauteng High Court ruled that reasonable chastisement was unconstitutional in a matter related to a father who was found guilty of assaulting his 13-year old son for watching pornography.

According to IOL, civil society group Freedom of Religion SA (FOR SA), sought to have the high court ruling set aside during, claiming parents should be allowed to practice "reasonable" and "moderate" chastisement on their children, and that there was a difference between administering discipline and abuse.

The ruling now opens the possibility of making spanking illegal.

See What Everyone is Watching

More From: allAfrica

Don't Miss

AllAfrica publishes around 700 reports a day from more than 140 news organizations and over 500 other institutions and individuals, representing a diversity of positions on every topic. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct.

Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica. To address comments or complaints, please Contact us.