The Constitutional Court has ruled that spanking your child at home is illegal, upholding a 2017 high court ruling that found that physically disciplining children violates their rights.
The appeal was brought to the apex court by the Freedom of Religion South Africa (FRSA), which wanted the court to re-institute reasonable moderate chastisement, while children’s rights groups and the Minister of Social Development argued for the banning of spanking which they said was actual corporal punishment.
Delivering the judgement on Wednesday, Chief Justice Mogoeng Mogoeng said spanking children was against the constitution’s sections 10 and 12.
“The decison of high court is upheld. Freedom of Religion SA appeal is dismissed. It is declared that common law defense of reasonable and modern parental chastisement is inconsistent with the provisions of Sections 10 and 12 1c of the Constitution.”
There was no cost order in the judgement.
South Africa banned corporal punishment in schools in 1996.
People took to Twitter to react to the news;
Constitutional court ruling is only against Whites. It’s only whites who spanks their children. Black families don’t spank, they beat. #concourt
— Man’s Not Barry Roux (@AdvBarryRoux) September 18, 2019
— Aphiwe Phungula (@AphiwePhungula) September 18, 2019
Ok people calm down.
How many of your children read #ConCourt judgments anyway?
If you fear prosecution just don’t tell them about the judgment 😂
— Khaya Sithole (@CoruscaKhaya) September 18, 2019
Dunno if some ppl realise, but kids are humans too. And you don’t hit other humans? I thought that was the rule? If that’s the case, then doesn’t this #ConCourt decision makes perfect sense? So who’s mad & why? 🤔
— Rob AF. (@RobForbesDJ) September 18, 2019
You guys are confusing me.
Last two weeks you’ve been complaining that there’s too much violence in SA. Now they’ve made it illegal to use violence against children but your angry.
What do you want
— Munei Tshamano (@sensei_munei) September 18, 2019
Rather spank the kid than have society want him hanged when he doesn’t understand right from wrong. #ConCourt
— 𝔖𝔈𝔄𝔑 (@Shamah_Sean) September 18, 2019