South Africa has outlawed corporal punishment

godfred akoto

October 24, 2017 7:34 AM

Parents cannot use reasonable chastisement as defence

South Africa has joined the ranks of countries in Africa that have outlawed corporal punishment after a High Court in Johannesburg ruled that the defence of reasonable chastisement was not in line with the constitution.

The ruling means that parents will have trouble defending themselves if criminal charges are filed for spanking a child.

Corporal punishment is common is a several African settings including at schools and is perceived as the most effective mode of child discipline.

The judgment did not create a new offence, as hitting a child, whether your own or someone else's, has always been assault under the country’s criminal law.

However, in the past a parent who smacked or spanked a child had special defence of reasonable chastisement to plead. They stood to be acquitted of assault if they could prove that the chastisement was moderate and reasonable.

High Court Judge Kightly in reading her ruling said it was time for parents to be held responsible .

“Many parents may believe they they are behaving reasonably. However, given the levels of child abuse and domestic violence in our country, it is likely that many a child is subjected to levels of physical punishment that, regardless of their parents’ belief, they are unable to withstand”.

Countries such as Kenya, Tunisia and South Sudan actually abolished corporal punishment in all settings.

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godfred akoto