In a society like ours with a long history of violence and abuse of human rights, it is not easy. The impact of the abolition of corporal punishment on teacher. Promoting effective enforcement of the prohibition against corporal. This week, it emerged that a learner at ndindini junior secondary school in lusikisiki in eastern cape was beaten so brutally, he lost his sight. The fact that corporal punishment of children is legal in many countries, unlike other forms of. Macharia kamau, unicef representative to south africa. In south africa until 1993, up to 30,000 young offenders were whipped. Twenty years on, corporate punishment in schools is ali. South africa divided over concourts corporal punishment. Call to ban corporal punishment wraps up south africa meeting. Less than 20 countries worldwide have adopted legislation to prohibit corporal punishment of children. According to our law, corporal punishment in schools is not allowed. There is a dearth of good quality data on the prevalence of corporal punishment in south africa, and this knowledge gaps weaken efforts to develop viable interventions to address this form of violence against children dawes et al. South africa has a number of laws that protect learners from corporal punishment and abuse.
It includes any punishment in which physical force is used and intended. Mar 14, 2016 twenty years on, corporate punishment in schools is alive and well despite it being banned since 1997, many teachers in south african schools continue to dish out corporal punishment, often for. Corporal punishment has previously been outlawed as a punishment in the justice system or in schools, but courts have. Groundbreaking judgment outlaws spanking south africa news. The unpalatable truth is that 20 years since corporal punishment was abolished in south african schools, many teachers continue to dish it out, often for the most mundane of offences. Reality of corporal punishment in south africa in spite of a strong legislative framework, corporal punishment remains widespread in south africa, in both the school setting where it is illegal and in homes where it is hidden from public view and protected through civil and customary law.
The impact of the abolition of corporal punishment on teacher morale. Tanzania, kenya, uganda, malawi, zimbabwe, swaziland, south africa, nigeria, switzerland, and the united kingdom to discuss existing and potential cases and strategies for litigating the right to education. Severe corporal punishment still carried out at many sa schools. It deconstruct the preoccupation with discipline, power s.
Under this section any person who has care of a child may not treat or punish the child in a cruel, inhuman or degrading way when disciplining them. The unpalatable truth is that 20 years since corporal punishment was abolished in. Reconsidering the role of power, punishment and discipline in. A video has gone viral of a teacher in kwazulunatal seen implementing strict corporal punishment on the students. The solution for the problems experienced in schools is also not clearly articulated in literature. Corporal punishment in schools refers to any kind of violent action inflicted. The issue of corporal punishment has left south africans divided. The constitutional court judgment on corporal punishment of children means that the. High court strikes down corporal punishment defence for.
Corporal punishment has huge consequences voice of the cape. South africa does not appear to have a sentencing institution in place. The universal form of corporal punishment in modern times, then, has been the application of a cane to the buttocks. Under the convention south africa agreed that school discipline should be administered in a manner consistent with the childs human dignity and in conformity with the spirit of the convention article 28, section 7. Corporal punishment was long in use in south africa as a sentence for disobedience by prisoners of prison rules.
South africa is no stranger to the institutionalization of physical punishment of the young. It became acknowledged as an essential part of the schooling system. Corporal punishment is one of the key drivers of the high levels of violence against children in south africa. Chapter 6 maps out a way forward for the development of appropriate legal and. Corporal punishment can be described as any physical action that hurts a child in the name of discipline. The theory and practice of criminal justice in africa. In terms of this act, capital punishment was made discretionary for all capital offences. Ruling banning the spanking of children is both legally. As in so many other countries in the world, many children in south africa suffer corporal punishment and other forms of humiliating and degrading punishment in the home, in the school and in different institutions. In total, 140 countries have abolished it in practice. Apart from presentday singapore, there can hardly be another country where judicial corporal punishment jcp was used as widely as in twentiethcentury south africa. You will now need this new certificate to stay open as an essential service during south africa s lockdown new law to end corporal punishment in south african homes.
Unicef south africa media home children have a right to. Judicial corporal punishment in south africa section 5. Since the scrapping of corporal punishment, a sense of despair seems to have taken over a mongst teachers in south africa. The south african education system historically has used corporal punishment to maintain discipline. Judicial corporal punishment in south africa page 2 section 3. The first generation to examine colonial punishment in its own right tended to concentrate on the study of colonial prisons and penal colonies in asia, africa, south america, the caribbean, and the indian ocean. Africa global initiative to end all corporal punishment. Hitting people is wrong and children are people too unicef. Criticism of its effects led, in 1996, to the banning of this form of punishment. The abolition of corporal punishment act, 1997 act no. This does not mean that your parents are allowed to hit you senseless and get away with it. Corporal punishment in the south african context historical overview of corporal punishment in south africa prior to 1994, corporal punishment was frequently relied on to ensure discipline in south african schools. Corporal punishment is the most common form of violence against children worldwide. But this legislative intervention did not end the use of corporal punishment in schools.
Severe corporal punishment still carried out at many sa. Pdf corporal punishment and masculinity in south african. Reconsidering the role of power, punishment and discipline in south african schools abstract this article examines the role of discipline and punishment in south african schools and seekto interrogate the underlying s power relations that guide teaching and learning in south africa. The latest amendment officially introduces section 12a, which deals with the positive discipline of children at home. In eastern and southern africa, peace, democracy, and freedom are the three key elements of a conducive environment for children, said mr. Disciplinary practices in schools and principles of. This means that any educator who beats a child can be charged with assault and possibly sued for damages by parents. Judicial corporal punishment in south africa page 1 sections. Nonprofit organisation freedom of religion south africa forsa, which claimed to. Parents should be able to discipline kids without interference from state for sa says its not asking the apex court to rule on spanking or corporal punishment but on the rights of parents to.
Progress towards prohibiting all corporal punishment of. Capital punishment in south africa was abolished on 6 june 1995 by the ruling of the constitutional court in the case of s v makwanyane, following a fiveyear and fourmonth moratorium since february 1990. Morrell and others published corporal punishment in south african schools. Its a beautiful place, and the reserves are so breathtaking, but you just hear so many horror stories. A teacher was suspended for allegedly using corporal punishment to discipline pupils at the lugobe high school near umbumbulu on the south. Til the slow puncture, a form of punishment in south. Rights of the child to which south africa is a signatory. The judge emphasised that south africa was not the first african country to do away with corporal punishment in the home. Although south africa banned corporal punishment in september 1997, 17 years later, this form of punishment is still being used by some educators. Pdf corporal punishment contestations, paradoxes and. Judicial corporal punishment in south africa was definitively abolished in all respects with the passing of the abolition of corporal punishment act 1997 new url pdf, which received presidential assent on 5 september 1997 government gazette 18256. Ensuring a safe and protective environment for children in the region will be key to the continued existence of nations as free democracies. Oct 25, 2015 this resolution of the abolishment of corporal punishment has led to many deliberations in folks and educators in south africa. Jcp evolved over a long period from traditional use under british colonial administration for serious crimes only, to a mandatory requirement in the 1950s and 1960s for many crimes in the case of adult men.
Ss terblanche bjuris lld professor, department of criminal and procedural law, unisa 1 onodntri i uct the influence that previous convictions should have on the determination of an appropriate sentence is a feature that highlights the flaws of the south. What is clear is that since the ban on corporal punishment in 1996, there is still no remarkable change in learners behaviour and corporal punishment is still. It provided in section 1 that any law which authorised corporal punishment by a court of law. This article offers an explanation for the ongoing use of corporal punishment. However, getting a smack at home is not against the law although steps are being taken to stop this too. Pdf the continued use of corporal punishment in some south african schools and the reasons advanced for it make this subject topical even. East and southern africa pdf west and central africa pdf middle east and north africa pdf online global table browse all summary tables. Concourt to rule on corporal punishment in the home. The global ini tiative aims to build a global map of the prevalence and. Act of 1911 empowered prison governors to order a punishment of six cuts if the prisoner was a male apparently under the age of 60 years, and magistrates to order twelve cuts in the same circumstances.
Solomon sacco of interights is thanked for his inputs which strengthened this information packet, and. It is a grave concern in terms of childrens development as it violates childrens human rights. Africa global initiative to end all corporal punishment of children. A south african national survey report for save the children sweden child, youth and family development hsrc private bag 9182 cape town 8000 south africa phone. It followed the constitutional courts 1995 decision in the case of s v williams and others that caning of juveniles was unconstitutional.
Ending corporal punishment of children in south africa. Ive never had a bad experience staying there aside from some little uh oh this could go wrong quickly moments, but nothing ever has happened. The predominant christian national education policy affirmed the. Statistics south africa 2012, general household survey 2011, pretoria. During the apartheid era, corporal punishment was widely used as a sentence for juveniles in the justice system, and in schools as the primary method of discipline. The constitutional court of south africa has ruled that corporal punishment is illegal in south african homes, upholding a high court judgement from 2017 in the process. New law to end corporal punishment in south african homes. Abolition of corporal punishment act, 1997 wikipedia. Basic education rights handbook education rights in south. Global initiative to end all corporal punishment of children. Corporal punishment 58 geographical differences in capital punishment 58 the middle east, 63 caribbean countries, 64 asian countries, 65 africa, 69 north america, 70 central america, 71 south america, 72 europe, 72 oceania, 73 level of economic development 73 statesponsored violence and civil unrest 74 summary 75 suggested readings 80. Kansas, north carolina, south carolina, wyoming, corporal punishment is. In south africa, capital punishment is a legal punishment form.
This judgment has nudged south africa closer to fulfilling its international obligations to protect children. I know i wasnt the only teacher who thought this, and listening to the callers on radio and reading some of the tweets around corporal punishment. Corporal punishment basic education rights handbook education rights in south africa chapter 19. The use of corporal punishment in south african schools xm. Statistics south africa a survey by statistics sa revealed that the use of corporal punishment in schools declined overall between 2009 and 2010, from 17% of students experiencing corporal punishment in 2009 to 14% in 2010. Global report 2019 tracks progress to end corporal punishment. South africa has a number of laws that protect learners from corporal punishment. Progress towards prohibiting all corporal punishment of children in east and southern africa launched at the 28th ordinary session of the african committee of experts on the rights and welfare of the child and 59th ordinary session of the african commission on human and peoples rights, banjul, the gambia, october 2016. May 09, 2015 reinstating the death penalty wont solve south africas crime problems but the current punitive retributive justice system isnt working either, according to nicro ceo, soraya. Its application was amended by the criminal procedure amendment act, 107 of 1990. Aug 31, 2016 capital punishment in south africa was abolished on 6 june 1995 by the ruling of the constitutional court in the case of s v makwanyane, following a fiveyear and fourmonth moratorium since.
The effects that results after the usage of corporal punishment are harmful to children and can be longlasting and damaging reaching well into adulthood cicognani 2004. Prior to 1290, clpital punishment was mandatory for murder, except in a few exceptional cases. Ending corporal punishment of children save the childrens. Corporal punishment and masculinity in south african schools article pdf available in men and masculinities 42. South africa divided over concourts corporal punishment ruling parents could earn a criminal record if they are charged for abuse. Basic education rights handbook education rights in. In this monograph, four eminent critics and researchers examine the theory and practice of criminal justice in africa. Progress in east and southern africa english only 2016. If you are working to end corporal punishment in your country, or if you would like to, get in touch to see. Kzn teacher suspended for alleged corporal punishment. Oct 19, 2017 high court strikes down corporal punishment defence for parents. Apr 24, 2015 as of 2014, 98 countries in the world, including south africa, had abolished the death penalty by law. Judicial corporal punishment in south africa page 1. A word that frequently appears in the afrikaans version of legislation and official documents is lyfstraf, which translates literally as corporal punishment.
764 602 1292 1478 1232 1001 48 723 620 1220 431 533 576 494 264 664 740 800 1667 1407 1648 1345 1162 298 100 741 1313 871 560 1069 1292 946 1456