South Africa's High Court last week ruled that parents can no longer use the defence of 'reasonable chastisement' for smacking their children. Judge Raylene Keightley ruled that parents who believe in corporal punishment cannot put their religious beliefs above the interests of their children. Any form of hitting has been banned in the country's schools. The South African Schools Act states that "No person may administer corporal punishment at a school to a learner." Contravene this and you may be charged with assault. The situation was however different at home. While the criminal law labelled smacking a child, whether yours or someone else's, as assault, a parent could plead the special defence of moderate or reasonable chastisement if taken to court. The ruling largely received praise but some interest groups argued that judgment does not consider this distinction between assault and "reasonable and measured discipline" out of love.
To assist us on this we are joined by:
• Dr. Shaheda Omar, Director of Clinical Services at the Teddy Bear Clinic
• Cornelius Williams, UNICEF’s Global Head of Child protection (STUDIO)
• Michael Swain, EXECUTIVE DIRECTOR For South Africa,
