Corporal Punishment with Respect to the Private and Public Sphere

1 Introduction

Corporal punishment is the unlawful intentional act of causing harm by physically inflicting punishment on the body of an offender or severely criticising the offender. There is a distinction in common-law between corporal punishment in the public sphere and in the private sphere.

Corporal punishment on children in the private sphere is administered by parents. It is legally accepted in South Africa, provided that the requirements are met.

The public sphere’s position is much different in the sense that the government along with all schools have no authority to physically discipline school children anymore. Authority to exercise corporal punishment often leads to abuse of power, child abuse and feelings of superiority. All of the above mentioned factors will contribute to the future for a common-law defence of reasonable disciplinary chastisement in South African law

2 General implications of corporal punishment

In most cases, punishment is given to clarify the authority and status over the offender. Irrespective of the harm the child or the offender caused, physically punishing the offender violates many of that person’s fundamental human rights. Punishment is given in the form of slapping, whipping, verbally reprimanding or violently acting towards the child or the offender which contributes to the current violence in South Africa. These punishments violate constitutional rights. Consequently, section 10 of the Constitution of the Republic of South Africa, 1996 (the ‘Constitution’) provides that everyone has the right to have their dignity respected and protected. Section 12 of the Constitution states that all citizens have: “The right to freedom and security of the person” and section 12(d): “The right not to...

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Kleynhans D Considering the Constitutionality of the common-law defence of reasonable and moderate chastisement. DSkelton University of Pretoria (2011 .

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Pete S “To smack or not to smack” (1998) SAJHR 430.

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Christian Education v Minister of Education 2000 4 SA 788 (CC)

Du Preez v Conradie and Another 1990 4 SA (BG)

Rex v Janke & Janke 1913 TPD 382

S v Williams and Others 1995 2 SACR 251 (CC)

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Abolition of Corporal punishment Act 33 of 1997.

Constitution of the Republic of South Africa, 1996.

Correctional Services Amendment Act 111 of 1998.

South Africa Schools Act 84 of 1996.