The Constitutional Court has ruled that spanking a child is unconstitutional. The Court has confirmed the 2017 judgement of the High Court in Johannesburg, which found that disciplining children physically violates their rights.
Freedom of Religion South Africa approached the Constitutional Court to overturn this ruling, while child rights groups and the South African Council of Churches pushed the court to confirm it.
Child rights groups argue that children who were raised by the rod develop anxieties and are also likely to be violent adults.
Chief Justice Mogoeng Mogoeng delivered the judgement.
“In a unanimous judgement that I have written, we conclude that the common law defence is inconsistent with among others, the provisions of 10 and 12 of the constitution and is therefore invalid. This was especially so because children can be effectively disciplined without resorting to moderate and reasonable chastisement which includes the rod,” says Mogoeng.
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