It is illegal to spank your child in SA – ConCourt
https://www.capetownetc.com/news/it-is-illegal-to-spank-your-child-in-sa-concourt
18 Sept. 2019
The Constitutional Court of South Africa (ConCourt) has ruled that the common defence of “reasonable and moderate parental chastisement” of children is now unconstitutional. The unanimous judgement was handed down on Wednesday, September 18, when the court ruled there are other more reasonable ways to discipline children.
The judgment has not labelled it as a new offence, as hitting a child has always been categorised as assault under South African law. Previously, a parent who smacked their child was able to raise a special defence of reasonable chastisement while pleading in court.
Parents had the opportunity to be acquitted of assault if the chastisement in question is deemed moderate and reasonable.
Many parents, however, have complained that “reasonable chastisement” is difficult to intepret as one parent’s tough love may be considered another’s beating. The Department of Social Development will table the matter to establish a full ban on physically disclipining children.
Wednesday’s ruling follows a 2017 High Court judgement which deemed all forms of physical correction of children by their parents as unlawful.
https://www.capetownetc.com/news/it-is-illegal-to-spank-your-child-in-sa-concourt
18 Sept. 2019
The Constitutional Court of South Africa (ConCourt) has ruled that the common defence of “reasonable and moderate parental chastisement” of children is now unconstitutional. The unanimous judgement was handed down on Wednesday, September 18, when the court ruled there are other more reasonable ways to discipline children.
The judgment has not labelled it as a new offence, as hitting a child has always been categorised as assault under South African law. Previously, a parent who smacked their child was able to raise a special defence of reasonable chastisement while pleading in court.
Parents had the opportunity to be acquitted of assault if the chastisement in question is deemed moderate and reasonable.
Many parents, however, have complained that “reasonable chastisement” is difficult to intepret as one parent’s tough love may be considered another’s beating. The Department of Social Development will table the matter to establish a full ban on physically disclipining children.
Wednesday’s ruling follows a 2017 High Court judgement which deemed all forms of physical correction of children by their parents as unlawful.