The South African Constitutional Court today delivered what many South Africans see as its most controversial judgments to date; making spanking of a child illegal in the country. Many civil society organizations are protesting already. The Constitutional Court earlier today upheld a South Gauteng High Court ruling in 2017 to eliminate the common-law defence of reasonable chastisement when spanking a child.
In its ruling, the Court maintained that there are effective ways to discipline a child without needing to resort to corporal punishment. This case has dragged for two years after following earlier ruling by the High Court that reasonable chastisement was unconstitutional in a matter related to a father who was found guilty of assaulting his 13-year old son for watching pornography.
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Reports say that a civil society group Freedom of Religion SA (FOR SA), sought to have the high court ruling set aside claiming that parents should be allowed to practice “reasonable” and “moderate” chastisement on their children, and that there was a difference between administering discipline and abuse. The group opposed the ruling of the Constitutional Court that declared corporal punishment at home unconstitutional.
Reacting to the unanimous Constitutional Court judgment, FOR SA said the ruling effectively meant “parents who physically correct their children – no matter how light or well-intentioned – will be committing the crime of assault and open themselves up to the full penal machinery of the state”. Speaking through its attorney Daniela Ellerbeck, FOR SA maintained that the ruling seriously eroded parents’ rights to religious freedom. Ellerbeck added that it is disturbing, however, that the right of parents to raise their children according to their own convictions and what they believe to be in the best interests of their children, has not been upheld lamenting that this development holds a very dangerous precedent in that the State can dictate to people of faith how to read and live out the scriptures.
The group further stated that this ruling will leave many people with no choice but to obey God rather than the law. As a result, good parents of faith who only want what is best for their children will potentially see their families torn apart as is happening in other countries where physical correction has been banned. They added that this ruling will destroy families as the bedrock of our society.
Reacting to the development, Save the Children South Africa (SCSA) welcomed it and called on parents to respect it. According to Divya Naidoo, Programme Manager of SCSA, this is a historic judgment, and a victory in the ultimate bid to end violence against children. “As we commemorate heritage month, this judgment reflects on the important legacy that we will leave for children in South Africa,” she said.
Naidoo also called for the government’s financial investment in positive discipline and parental support interventions. “As a pathfinder country, we need interventions to educate and raise awareness on positive parenting and to help equip parents with skills to raise their children without using violence and help do away with the belief that corporal punishment is the best solution,” Naidoo said.
“Corporal punishment may result in immediate compliance, but it does not lead to self-discipline. Instead, it often results in repeated misbehaviour. Positive discipline, on the other hand, is about guiding and teaching a child to develop understanding, self-discipline and long-term changes in behavior, the group said.