Mothers on the Cape Flats will have to pack away their sloffies and wooden spoons as spanking your child at home is illegal, the Constitutional Court ruled on Wednesday.
The court was upholding a 2017 High Court ruling which 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.
LAYING DOWN THE LAW: Chief Justice Mogoeng Mogoeng. File Image
FRSA argued that holy scriptures permitted reasonable and appropriate correction of children by their parents.
But Chief Justice Mogoeng Mogoeng said while many parents meant well, any form of violence, including reasonable and moderate chastisement, had always constituted a criminal act known as assault.
South Africa banned corporal punishment in schools in 1996.
“The effect of relying on this common law defence was to exempt parents from prosecution or conviction,” Mogoeng said.
“Identical conduct by a person other than a parent on the same child would otherwise constitute indefensible assault.”
He said spanking children was against the constitution’s sections 10 and 12.
“The decision of the high court is upheld. Freedom of Religion SA appeal is dismissed.”
FRSA attorney Daniela Ellerbeck said the ruling is “disturbing”: “It sets a very dangerous precedent in that the State can dictate to people of faith how to read and live out the Scriptures, thereby seriously eroding their right to religious freedom.”
Save the Children South Africa (SCSA) said it welcomed the ruling and called on parents to respect it: “This is a historic judgement, and a victory in the ultimate bid to end violence against children.”
Daily Voice readers also rekked their bekke about the matter on Facebook, with most condemning Mogoeng’s ruling.
Christalene Jantjies said: “I got a hiding when I grew up and today I know to respect others. I will give my children a hiding when and if they need it. It’s the very same reason our kids are so rude and uncontrollable today, cause they have too many rights.”
Jayree Tafadzwa Chimbudzi said: “No one tells me how to raise my kids, my house, my rules.”
Theodore Thuynsma commented: “Moegoe Moegoe must rather think of ways to cut out corruption from the judiciary. Too many judges receive bribes in SA.”
But Waseema Jaffer said: “People are misunderstanding why this law was put in place. It’s not to put parents hitting their kids on their bum in jail. It’s for parents who do abuse their children, where cases are opened or children are hospitalised due to ‘disciplining’. It stops people from being able to use disciplining as an excuse to abuse.”