Is it Illegal To Beat Your Child in South Africa?

Beating a child as a way of punishment inflicts physical pain and therefore is considered as a form of corporal punishment. Corporal punishment can be defined as the infliction of a physical injury to someone who has committed a crime or for doing a mistake.

Whereas many countries have outlawed corporal punishment for children, their laws have provided for a reasonable chastisement instead of corporal punishment which is often viewed nowadays as the abuse of children.

In South Africa and majority of other African countries, beating up the child is the common form of punishment. Recently, a South African court gave a ruling that made it illegal to beat your child in the country.

What Law makes it illegal to beat your child in South Africa?

A South African court in Gauteng ruled against beating your child as a form of punishment thereby making it illegal and unconstitutional. The court emphasized its intention to help parents find other positive and more efficient alternative methods of disciplining their children.

The court also offered an assurance that it is committed to protecting children in this era where there are high levels of child abuse in South Africa and other countries around the world. Parents were therefore, urged not to view this ruling as a plot to prosecute them.

This judgment brought South Africa closer to fulfilling the international obligations to protect children.

According to the United Nations Convention On The Rights Of The Child (UNCRC) general comment 13:

“States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.”

What led to that anti-child beating ruling in South Africa?

Children in South Africa have for centuries been exposed to abuse ranging from corporal punishment such as spanking, slapping, yanking, kicking, ear twisting, violent shaking, pinching, paddling and many others.

The ruling against the beating of a child in South Africa that made such activities illegal came after a South African father was found guilty of assaulting his 13-year old son, when he was found punching and kicking him as punishment. This assault raised questions about the extent of punishment that children should receive from their parents whenever they make mistakes.

As stated by the Chief Justice Mogoeng Mogoeng when making the ruling, “ children have the right to be free from all forms of violence and to be treated with dignity”. According to the chief justice, there is no justification for beating your child in South Africa.

Several organizations such as the Freedom of Religion South Africa (FORSA) in South Africa were against that ruling, arguing that it would erode the morals and discipline in the children if they go unpunished after making mistakes.

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