The Constitutional Court is on Wednesday expected to hear a case on the constitutionality of the use of corporal punishment in homes.
The court prohibited corporal punishment in detention settings in 1995 and in schools in 2000. However, currently the common law defence of ‘reasonable chastisement’ practically allows parents to beat their children with the justification of corporal punishment being a form of discipline.
The case is an appeal to the judgment of the High Court in Johannesburg which struck down the defence of ‘reasonable chastisement’ in October 2017.
The High Court found that a defence that allows parents to physically discipline their children violates children’s rights and that the protection of children from all forms of violence is critical.
The judgment reinforced submissions by the Children’s Institute, The Peace Centre and Sonke Gender Justice.
They are all represented by the Centre for Child Law which has underlined the high levels of violence against children and the link between corporal punishment and other forms of violence.
