Topic > Corporal punishment while respecting privacy and...

1 Introduction Corporal punishment is the illegitimate intentional act of causing harm by physically inflicting punishment on the body of an offender or by severely criticizing 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 the requirements are met. The position of the public sphere is very different, in the sense that the government and all schools no longer have the authority to physically discipline school-age children. The authority to exercise corporal punishment often leads to abuse of power, child abuse, and feelings of superiority. All the factors mentioned above will contribute to a common law defense of reasonable disciplinary sanction in South African law in the future2 General implications of corporal punishment In most cases, punishment is given to clarify authority and status over the offender . Regardless of the harm caused to the child or the offender, physically punishing the offender violates many of that person's basic human rights. Punishment is given in the form of slaps, whippings, verbal scolding or violent acts towards the child or the offender, which contributes to the current violence in South Africa. These punishments violate constitutional rights. Accordingly, Article 10 of the Constitution of the Republic of South Africa, 1996 (the "Constitution") provides that every individual has the right to respect for and protection of his or her dignity. Article 12 of the Constitution states that all citizens have: “The right to liberty and security of person” and Article 12(d): “The right not to… Criminal Law and Procedure 3 ed (1997) , Juta & Co.Burchell JM Principles of Criminal Law 4 ed (2013) 193-203, Juta & Co.Snyman CR Criminal Law 5 ed (2008), LexisNexis.Snyman CR Workbook for Criminal Law 2 ed (1994), Digma. Dissertations:Kleynhans D Consideration of the constitutionality of the common law defense of reasonable and moderate punishment. DSkelton University of Pretoria (2011. Law Journal articles: Pete S “To smack or not smack” (1998) SAJHR 430. Cases: 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 382S v Williams and others 1995 2 SACR 251 (CC)Legislation:Abolition of Corporal Punishment Act 33 of 1997.Constitution of the Republic of South Africa, 1996.Correctional Services Amendment Act 111 of 1998 . South African Schools Act 84 of 1996.