Photo: Pixabay
Photo: Pixabay
The Constitutional Court of South Africa has ruled that corporal punishment is illegal in South African homes, upholding a High Court judgement from 2017 in the process. The wording of the document has essentially outlawed disciplinary procedures like spanking and smacking, causing a divide amongst parents in SA.
The Constitutional Court has upheld a South Gauteng High Court ruling declaring corporal punishment at home unconstitutional. The ConCourt agrees that spanking a child is unconstitutional. M.M
— Jozi FM (@jozifm) September 18, 2019
Corporal punishment at home banned: Why “spanking” children is now illegal
Section 12 of the Children’s Amendment Bill is the part of our legislation that is changing. In a brand new addition to the document, lawmakers will seek to put their point in black and white; These are the unambiguous terms that aim to ban everything from a light spanking to actions far more sinister:
“Any person caring for a child, including a person who has parental responsibilities and rights in respect of a child, must not treat or punish the child in a cruel, inhuman or degrading way.”
“Any punishment, within the home or other environment, in which physical force or action is used and intended to cause some degree of pain or harm to the child is unlawful.”
Section 12A (1), Children’s Amendment Bill.
The argument against the Children’s Amendment Bill
While some parents have welcomed the move, other organisations have been quick to dismiss the legal amendment. Freedom of Religion (FOR SA) have repeatedly expressed their disappointment with the decision, which has been two years in the making.
“You can be arrested and prosecuted for assault [for smacking or physically disciplining your children] and if convicted, will have a life-long criminal record for abuse of your own children. Not just that, but for a trivial non-injurious slap or ‘reasonable chastisement’, your children can be removed from the family home.”
FOR SA
Spanking banned: South Africa reaches a crossroads
It’s this term – “reasonable chastisement” – that has been deemed very difficult to interpret. One person’s tough love could be another’s merciless beating. So the Department of Social Development decided to table this matter to establish a full ban on physically disciplining your children.
The court has previously confirmed that jail sentences will be applicable in some cases, but the full wording on this matter is yet to be issued. The Social Development Department have previously stated this deterrent will not apply to most parents, but only in “severe cases”.
Wednesday’s ruling creates an issue between old-school parenting methods and the new ideals of raising children. With a number of caregivers unable to use “moderate and reasonable force”, a blanket directive has instead been ratified, and lawmakers hope this ruling will go a long way towards protecting vulnerable children.
