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  • Essay / Complete abolition of corporal punishment - 1413

    1. Introduction: The administration of corporal punishment to children is an archaic practice that has become obsolete, not only in the postmodern era, but also under South Africa's current constitutional regime. The Constitution seeks to protect the right to human dignity, physical integrity, equality, liberty and security of all South African citizens. The administration of corporal punishment to anyone would clearly amount to a violation of these fundamental constitutional values, which raises the question of why corporal punishment of children is permitted. Corporal punishment in South African public life was officially abolished in 1997 with the coming into force of the South African Schools Act 84 of 1996 (SA Schools Act), the Second Amendment Correctional Services Act 79 of 1996 and the Abolition of Corporal Punishment Act 33 of 1997. The catalyst for this change of position through legislation was the case of S v Williams in 1995, in which the court was called upon to rule on the administration of corporal punishment as punishment for a crime. The Constitutional Court declared the administration of corporal punishment unconstitutional because the human rights to bodily integrity, human dignity and equality were violated. This essay will endeavor to assess the future of the common law defense of reasonable punishment in light of the influence that the Constitution might have for further development2. Nature of the defense Section 10 of the SA Schools Act was the provision considered in the case of Christian Education South Africa (SA) v Minister of Education. This provision stated that no person could administer corporal punishment in a school to a student, applicable to both state-funded and private schools. The court decides......middle of document......e development of this common law position and orders the legislature to enact legislation which will give full effect to the rights of children. Works Cited Abolition of Corporal Punishment Act 33 of 1997. Children's Bill [B 19B-2006] Correctional Services Second Amendment Act 79 of 1996. Minutes of the Social Development Portfolio Committee: Draft Children's Amendment Bill, 23 October 2007 South African Schools Act 84 of 1996 H Kruger "The legal nature of parental authority" (2003) 66 THRHR 277-284S Pete "To hit or not to hit hit ? Should the law prohibit South African parents from inflicting corporal punishment on their children? (1998) SAJHR 430 - 460Christian Education South Africa (SA) v Minister of Education 2000 (4) SA 757 (CC)S v JB 2012 JDR 1040S v Kunene and Another, Mpumalanga Regional Division, Unreported Case No. 131 /10S v Williams 1995 (3) SA 632 (CC)