In terms of this act, capital punishment was made discretionary for all capital offences. Ruling banning the spanking of children is both legally. Judicial corporal punishment in south africa page 1. South africa divided over concourts corporal punishment. Capital punishment in south africa was abolished on 6 june 1995 by the ruling of the constitutional court in the case of s v makwanyane, following a fiveyear and fourmonth moratorium since february 1990. Basic education rights handbook education rights in. The fact that corporal punishment of children is legal in many countries, unlike other forms of. East and southern africa pdf west and central africa pdf middle east and north africa pdf online global table browse all summary tables.
There is a dearth of good quality data on the prevalence of corporal punishment in south africa, and this knowledge gaps weaken efforts to develop viable interventions to address this form of violence against children dawes et al. The constitutional court judgment on corporal punishment of children means that the. High court strikes down corporal punishment defence for parents. Reconsidering the role of power, punishment and discipline in south african schools abstract this article examines the role of discipline and punishment in south african schools and seekto interrogate the underlying s power relations that guide teaching and learning in south africa. It is a grave concern in terms of childrens development as it violates childrens human rights. This software allowed us to map the use of corporal punishment aggregated to either the. The unpalatable truth is that 20 years since corporal punishment was abolished in south african schools, many teachers continue to dish it out, often for the most mundane of offences. Corporal punishment in the south african context historical overview of corporal punishment in south africa prior to 1994, corporal punishment was frequently relied on to ensure discipline in south african schools. The impact of the abolition of corporal punishment on teacher. But this legislative intervention did not end the use of corporal punishment in schools. My father and his side of the family is from south africa. The global ini tiative aims to build a global map of the prevalence and. A south african national survey report for save the children sweden child, youth and family development hsrc private bag 9182 cape town 8000 south africa phone. Jcp evolved over a long period from traditional use under british colonial administration for serious crimes only, to a mandatory requirement in the 1950s and 1960s for many crimes in the case of adult men.
This week, it emerged that a learner at ndindini junior secondary school in lusikisiki in eastern cape was beaten so brutally, he lost his sight. This article offers an explanation for the ongoing use of corporal punishment. Are south african parents still allowed to chastise their children through corporal punishment in their private homes. Corporal punishment is one of the key drivers of the high levels of violence against children in south africa. Judicial corporal punishment in south africa was definitively abolished in all respects with the passing of the abolition of corporal punishment act 1997 new url pdf, which received presidential assent on 5 september 1997 government gazette 18256. Corporal punishment in the home refers to any kind of. The solution for the problems experienced in schools is also not clearly articulated in literature. Disciplinary practices in schools and principles of. Mar 14, 2016 twenty years on, corporate punishment in schools is alive and well despite it being banned since 1997, many teachers in south african schools continue to dish out corporal punishment, often for. Abolition of corporal punishment act, 1997 wikipedia.
I know i wasnt the only teacher who thought this, and listening to the callers on radio and reading some of the tweets around corporal punishment. Although south africa banned corporal punishment in september 1997, 17 years later, this form of punishment is still being used by some educators. The effects that results after the usage of corporal punishment are harmful to children and can be longlasting and damaging reaching well into adulthood cicognani 2004. Reconsidering the role of power, punishment and discipline in. During the apartheid era, corporal punishment was widely used as a sentence for juveniles in the justice system, and in schools as the primary method of discipline. Corporal punishment and masculinity in south african schools article pdf available in men and masculinities 42. Corporal punishment was long in use in south africa as a sentence for disobedience by prisoners of prison rules. Til the slow puncture, a form of punishment in south. Macharia kamau, unicef representative to south africa.
This means that any educator who beats a child can be charged with assault and possibly sued for damages by parents. Nonprofit organisation freedom of religion south africa forsa, which claimed to. In south africa until 1993, up to 30,000 young offenders were whipped. Promoting effective enforcement of the prohibition against corporal. However, getting a smack at home is not against the law although steps are being taken to stop this too.
Africa global initiative to end all corporal punishment. Concourt to rule on corporal punishment in the home. In this monograph, four eminent critics and researchers examine the theory and practice of criminal justice in africa. Progress towards prohibiting all corporal punishment of children in east and southern africa launched at the 28th ordinary session of the african committee of experts on the rights and welfare of the child and 59th ordinary session of the african commission on human and peoples rights, banjul, the gambia, october 2016. A teacher was suspended for allegedly using corporal punishment to discipline pupils at the lugobe high school near umbumbulu on the south. The use of corporal punishment in south african schools xm. Corporal punishment can be described as any physical action that hurts a child in the name of discipline. You will now need this new certificate to stay open as an essential service during south africa s lockdown new law to end corporal punishment in south african homes. Tanzania, kenya, uganda, malawi, zimbabwe, swaziland, south africa, nigeria, switzerland, and the united kingdom to discuss existing and potential cases and strategies for litigating the right to education. Since the scrapping of corporal punishment, a sense of despair seems to have taken over a mongst teachers in south africa. This does not mean that your parents are allowed to hit you senseless and get away with it. South africa has a number of laws that protect learners from corporal punishment and abuse. The judge emphasised that south africa was not the first african country to do away with corporal punishment in the home.
A video has gone viral of a teacher in kwazulunatal seen implementing strict corporal punishment on the students. Criticism of its effects led, in 1996, to the banning of this form of punishment. This judgment has nudged south africa closer to fulfilling its international obligations to protect children. May 09, 2015 reinstating the death penalty wont solve south africas crime problems but the current punitive retributive justice system isnt working either, according to nicro ceo, soraya. It followed the constitutional courts 1995 decision in the case of s v williams and others that caning of juveniles was unconstitutional. Global report 2019 tracks progress to end corporal punishment. Judicial corporal punishment in south africa page 2 section 3. Pdf corporal punishment and masculinity in south african. Reality of corporal punishment in south africa in spite of a strong legislative framework, corporal punishment remains widespread in south africa, in both the school setting where it is illegal and in homes where it is hidden from public view and protected through civil and customary law. Corporal punishment has previously been outlawed as a punishment in the justice system or in schools, but courts have. The issue of corporal punishment has left south africans divided. Severe corporal punishment still carried out at many sa schools. Its a beautiful place, and the reserves are so breathtaking, but you just hear so many horror stories. Corporal punishment basic education rights handbook education rights in south africa chapter 19.
Ss terblanche bjuris lld professor, department of criminal and procedural law, unisa 1 onodntri i uct the influence that previous convictions should have on the determination of an appropriate sentence is a feature that highlights the flaws of the south. High court strikes down corporal punishment defence for. Ending corporal punishment of children in south africa. Its application was amended by the criminal procedure amendment act, 107 of 1990. Statistics south africa a survey by statistics sa revealed that the use of corporal punishment in schools declined overall between 2009 and 2010, from 17% of students experiencing corporal punishment in 2009 to 14% in 2010. South africa has a number of laws that protect learners from corporal punishment. In eastern and southern africa, peace, democracy, and freedom are the three key elements of a conducive environment for children, said mr. Less than 20 countries worldwide have adopted legislation to prohibit corporal punishment of children. The unpalatable truth is that 20 years since corporal punishment was abolished in. Progress in east and southern africa english only 2016.
Chapter 6 maps out a way forward for the development of appropriate legal and. Statistics south africa 2012, general household survey 2011, pretoria. Aug 31, 2016 capital punishment in south africa was abolished on 6 june 1995 by the ruling of the constitutional court in the case of s v makwanyane, following a fiveyear and fourmonth moratorium since. Parents should be able to discipline kids without interference from state for sa says its not asking the apex court to rule on spanking or corporal punishment but on the rights of parents to.
Corporal punishment is the most common form of violence against children worldwide. As in so many other countries in the world, many children in south africa suffer corporal punishment and other forms of humiliating and degrading punishment in the home, in the school and in different institutions. In south africa, capital punishment is a legal punishment form. The abolition of corporal punishment act, 1997 act no. South africa divided over concourts corporal punishment ruling parents could earn a criminal record if they are charged for abuse. Judicial corporal punishment in south africa page 1 sections. Ending corporal punishment of children save the childrens. Apart from presentday singapore, there can hardly be another country where judicial corporal punishment jcp was used as widely as in twentiethcentury south africa. According to our law, corporal punishment in schools is not allowed. Global initiative to end all corporal punishment of children. Groundbreaking judgment outlaws spanking south africa news. Act of 1911 empowered prison governors to order a punishment of six cuts if the prisoner was a male apparently under the age of 60 years, and magistrates to order twelve cuts in the same circumstances.
The south african education system historically has used corporal punishment to maintain discipline. Basic education rights handbook education rights in south. It deconstruct the preoccupation with discipline, power s. Kzn teacher suspended for alleged corporal punishment. Oct 19, 2017 high court strikes down corporal punishment defence for parents. 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. Africa global initiative to end all corporal punishment of children. The first generation to examine colonial punishment in its own right tended to concentrate on the study of colonial prisons and penal colonies in asia, africa, south america, the caribbean, and the indian ocean. South africa does not appear to have a sentencing institution in place. In total, 140 countries have abolished it in practice. Under the convention south africa agreed that school discipline should be administered in a manner consistent with the childs human dignity and in conformity with the spirit of the convention article 28, section 7. Severe corporal punishment still carried out at many sa.
Progress towards prohibiting all corporal punishment of. The universal form of corporal punishment in modern times, then, has been the application of a cane to the buttocks. Oct 25, 2015 this resolution of the abolishment of corporal punishment has led to many deliberations in folks and educators in south africa. South africa is no stranger to the institutionalization of physical punishment of the young. A word that frequently appears in the afrikaans version of legislation and official documents is lyfstraf, which translates literally as corporal punishment. Hitting people is wrong and children are people too unicef. Morrell and others published corporal punishment in south african schools. Pdf the continued use of corporal punishment in some south african schools and the reasons advanced for it make this subject topical even. Corporal punishment in schools refers to any kind of violent action inflicted. Unicef south africa media home children have a right to. Solomon sacco of interights is thanked for his inputs which strengthened this information packet, and. Call to ban corporal punishment wraps up south africa meeting. Twenty years on, corporate punishment in schools is ali.
Corporal punishment 58 geographical differences in capital punishment 58 the middle east, 63 caribbean countries, 64 asian countries, 65 africa, 69 north america, 70 central america, 71 south america, 72 europe, 72 oceania, 73 level of economic development 73 statesponsored violence and civil unrest 74 summary 75 suggested readings 80. Pdf corporal punishment contestations, paradoxes and. The latest amendment officially introduces section 12a, which deals with the positive discipline of children at home. The impact of the abolition of corporal punishment on teacher morale.
What is clear is that since the ban on corporal punishment in 1996, there is still no remarkable change in learners behaviour and corporal punishment is still. If you are working to end corporal punishment in your country, or if you would like to, get in touch to see. Ive never had a bad experience staying there aside from some little uh oh this could go wrong quickly moments, but nothing ever has happened. It includes any punishment in which physical force is used and intended.
Prior to 1290, clpital punishment was mandatory for murder, except in a few exceptional cases. It became acknowledged as an essential part of the schooling system. Rights of the child to which south africa is a signatory. In a society like ours with a long history of violence and abuse of human rights, it is not easy. The predominant christian national education policy affirmed the. Judicial corporal punishment in south africa section 5. It provided in section 1 that any law which authorised corporal punishment by a court of law. New law to end corporal punishment in south african homes. Corporal punishment has huge consequences voice of the cape. Under this section any person who has care of a child may not treat or punish the child in a cruel, inhuman or degrading way when disciplining them. Apr 24, 2015 as of 2014, 98 countries in the world, including south africa, had abolished the death penalty by law. The theory and practice of criminal justice in africa. Kansas, north carolina, south carolina, wyoming, corporal punishment is.
965 157 929 1272 808 275 1108 674 769 331 884 445 937 836 471 1407 962 714 604 1600 1355 952 1005 563 1053 439 1389 1403 900 1196 1078