Freedom of Religion South Africa v Minister of Justice and Constitutional Development | |
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Court | Constitutional Court of South Africa |
Full case name | Freedom of Religion South Africa v Minister of Justice and Constitutional Development and Others |
Decided | 18 September 2019 |
Citation(s) | [2019] ZACC 34 |
Case history | |
Prior action(s) | YG v S [2017] ZAGPJHC 290 |
Appealed from | High Court, Gauteng Local Division, Johannesburg |
Court membership | |
Judges sitting | Mogoeng CJ, Basson AJ, Cameron J, Dlodlo AJ, Froneman J, Goliath AJ, Khampepe J, Mhlantla J, Petse AJ and Theron J |
Case opinions | |
Decision by | Mogoeng |
Keywords | |
corporal punishment in the home, children's rights |
Freedom of Religion South Africa v Minister of Justice and Constitutional Development and Others [2019] ZACC 34 is a decision of the Constitutional Court of South Africa which found that corporal punishment in the home is illegal. The court found that the common law defence of "moderate and reasonable chastisement" is unconstitutional, so that parents are no longer exempt from prosecution or conviction for assault for striking their children. [1] The unanimous judgment was written by Chief Justice Mogoeng Mogoeng and handed down on 18 September 2019.
Reactions to the decision were mixed. [2] [3] Freedom of Religion SA, the Christian lobbying group which had been party to the case, described the decision as "dangerous" and "destructive". [4] It was welcomed by children's rights groups including Save the Children South Africa [4] and the Children's Institute at the University of Cape Town, [5] as well as by the Department of Social Development. [6]
Spanking is a form of corporal punishment involving the act of striking, with either the palm of the hand or an implement, the buttocks of a person to cause physical pain. The term spanking broadly encompasses the use of either the hand or implement, the use of implements can also refer to the administration of more specific types of corporal punishment such as caning, paddling and slippering.
A corporal punishment or a physical punishment is a punishment which is intended to cause physical pain to a person. When it is inflicted on minors, especially in home and school settings, its methods may include spanking or paddling. When it is inflicted on adults, it may be inflicted on prisoners and slaves.
Caning is a form of corporal punishment consisting of a number of hits with a single cane usually made of rattan, generally applied to the offender's bare or clothed buttocks or hands. Caning on the knuckles or shoulders is much less common. Caning can also be applied to the soles of the feet. The size and flexibility of the cane and the mode of application, as well as the number of the strokes, vary greatly—from a couple of light strokes with a small cane across the seat of a junior schoolboy's trousers, to up to 24 very hard, wounding cuts on the bare buttocks with a large, heavy, soaked rattan as a judicial punishment in some Southeast Asian countries.
School corporal punishment is the deliberate infliction of physical pain as a response to undesired behavior by students. The term corporal punishment derives from the Latin word for the "body", corpus. In schools it may involve striking the student on the buttocks or on the palms of their hands with an implement such as a rattan cane, wooden paddle, slipper, leather strap or wooden yardstick. Less commonly, it could also include spanking or smacking the student with the open hand, especially at the kindergarten, primary school, or other more junior levels.
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Physical or corporal punishment by a parent or other legal guardian is any act causing deliberate physical pain or discomfort to a minor child in response to some undesired behavior. It typically takes the form of spanking or slapping the child with an open hand or striking with an implement such as a belt, slipper, cane, hairbrush or paddle, hanger, and can also include shaking, pinching, forced ingestion of substances, or forcing children to stay in uncomfortable positions.
Dikgang Ernest Moseneke is a South African judge and former Deputy Chief Justice of South Africa.
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Christian Education South Africa v Minister of Education is an important case in South African law. It was heard in the Constitutional Court, by Chaskalson P, Langa DP, Goldstone J, Madala J, Mokgoro J, Ngcobo J, O'Regan J, Sachs J, Yacoob J and Cameron AJ, on 4 May 2000, with judgment handed down on 18 August. FG Richings SC appeared for the appellant, and MNS Sithole SC for the respondent.
Corporal punishment, sometimes referred to as "physical punishment" or "physical discipline," has been defined as the use of physical force, no matter how light, to cause deliberate bodily pain or discomfort in response to some undesired behavior. In schools in the United States, corporal punishment takes the form of a school teacher or administrator striking a student's buttocks with a wooden paddle.
Corporal punishment of minors in the United States, meaning the infliction of physical pain or discomfort by parents or other adult guardians, including in some cases school officials, for purposes of punishing unacceptable attitude, is subject to varying legal limits, depending on the state. Minor children in the United States commonly experience some form of corporal punishment, such as spanking or paddling. Despite opposition from medical and social-services professionals, as of 2022, the spanking of children is legal in all 50 states and, as of 2014, most people still believe it is acceptable provided it does not involve implements. Corporal punishment is in the United States usually considered distinct from illegal child abuse, although the distinction can often be vague.
Economic Freedom Fighters v Speaker of the National Assembly and Others; Democratic Alliance v Speaker of the National Assembly and Others [2016] ZACC 11 is a major judgment of the Constitutional Court of South Africa which finds that President Jacob Zuma breached the South African Constitution by failing to implement the recommendations in the Public Protector's Nkandla report.
Cannabis in South Africa has been decriminalised by the country's Constitutional Court for personal consumption by adults in private. However, laws prohibiting use outside of one's private dwelling and buying and selling cannabis still remain. Since regulations against the purchase of products containing cannabis still remain in effect, it is unclear how the ruling can be enforced.
The legality of corporal punishment of children varies by country. Corporal punishment of minor children by parents or adult guardians, which is intended to cause physical pain, has been traditionally legal in nearly all countries unless explicitly outlawed. According to a 2014 estimate by Human Rights Watch, "Ninety percent of the world's children live in countries where corporal punishment and other physical violence against children is still legal". Many countries' laws provide for a defence of "reasonable chastisement" against charges of assault and other crimes for parents using corporal punishment. This defence is ultimately derived from English law. As of 2022, only three of seven G7 members including seven of the 20 G20 member states have banned the use of corporal punishment against children.