Child spanking outlawed as court scraps use of 'reasonable chastisement' defence

The High Court has ruled that parents who smack their children will no longer be able to plead special defence in court if criminally charged.

The defence of reasonable chastisement of children has been declared unconstitutional in the Johannesburg High Court on Thursday.

The landmark ruling means that the defence no longer acts as a shield in South African law, explains child law expert Karabo Ozah.

The defence of reasonable chastisement has always been part of the common law.

Karabo Ozah, deputy director of the Centre for Child Law at the University of Pretoria

Take a listen to her explain what the ruling means and the details of the specific case:


This article first appeared on CapeTalk : Child spanking outlawed as court scraps use of 'reasonable chastisement' defence


Recommended

by NEWSROOM AI
Read More
England legend Jeremy Guscott blasted for calls to change rugby substitution law

England legend Jeremy Guscott blasted for calls to change rugby substitution law

Stormers coach John Dobson has slammed Jeremy Guscott's proposal as a preposterous idea which could never work for the sport.

Netflix and other streaming operators to crack down on password-sharing

Netflix and other streaming operators to crack down on password-sharing

Regular password resets, two-step authentification, accounts geo-fencing and even possible fingerprint IDs could be on the cards.

Skepticism over new 'fake rhino horn' and its intended effects

Skepticism over new 'fake rhino horn' and its intended effects

A team of scientists have created a product similar to rhino horn in an effort to confuse the trade.

About 400 jobs to be lost when ArcelorMittal closes Saldanha steel plant - mayor

About 400 jobs to be lost when ArcelorMittal closes Saldanha steel plant - mayor

Marius Koen says the municipality had even offered steelmaker 20% rebate on its water bill in a bid to keep it up and running.

Mkhwebane, Sars boss clash over Zuma tax records - who has greater legal muscle?

Mkhwebane, Sars boss clash over Zuma tax records - who has greater legal muscle?

The legal battle between Sars and Mkhwebane will make clear the powers of the public protector's office when it comes to tax info.

Winde explains why Western Cape wants to urgently import gas

Winde explains why Western Cape wants to urgently import gas

Premier Alan Winde explains why his provincial government is lobbying for a licence to import liquefied natural gas (LNG).

Popular articles
[WATCH] 'Fourth industrial revolution' braai has social media talking

[WATCH] 'Fourth industrial revolution' braai has social media talking

Khabazela shares tweets and Facebook posts that have gone viral.

[WATCH] Pre-school class erupts as boy returns from RWC, goes viral

[WATCH] Pre-school class erupts as boy returns from RWC, goes viral

Khabazela shares tweets and Facebook posts that have gone viral.

We’ll shut you down! – unions to SAA ('overstaffed by any measure globally’)

We’ll shut you down! – unions to SAA ('overstaffed by any measure globally’)

The money-pit airline is fighting for its life. Bruce Whitfield interviews Theto Mahlakoana, a senior political reporter at EWN.

'KZN ideal tornado climate, but no evidence it's consequence of climate change'

'KZN ideal tornado climate, but no evidence it's consequence of climate change'

Wits University's Global Institute climate modeller professor Francois Engelbrecht explains why a storm hit the area on Tuesday.

'Drought is so bad that farmers are taking own lives'

'Drought is so bad that farmers are taking own lives'

South African Water Warriors co-convenor Isabel Coetzee says the country cannot sit back and lose farmers because of the crises.

[WATCH] Gay teen fights back against school bully as teachers do nothing

[WATCH] Gay teen fights back against school bully as teachers do nothing

Khabazela shares tweets and Facebook posts that have gone viral.

'Aarto Act could be used by Sanral to enforce e-toll compliance'

'Aarto Act could be used by Sanral to enforce e-toll compliance'

Justice Project SA chair Howard Dembovsky says the act presumes a motorist to be guilty until he or she proves they are innocent.

[VIDEO] Family saved from being hit by speeding SUV goes viral

[VIDEO] Family saved from being hit by speeding SUV goes viral

Khabazela shares tweets and Facebook posts that have gone viral.