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Parents no longer have a defence if they are accused of assault for smacking their children at home. The Constitutional Court on Wednesday upheld an earlier ruling by the High Court to do away with the common-law defence of reasonable chastisement when spanking a child. The judgment comes at a time when violence against women and children has been a burning issue in SA. The issue reached the apex court for a final decision after civil society group Freedom of Religion SA FOR SA challenged a ruling by the South Gauteng High Court that effectively ruled that it was illegal for parents to spank their children.
The case has its origins in the conviction of a father for assaulting his year-old son in Johannesburg. The father later argued, in his defence, that he was administering moderate and reasonable chastisement under common law. But the high court ruled that this was unconstitutional on the grounds that it violated the child's right not to be discriminated against on the basis of age, equal protection of the law, dignity, freedom from all forms of violence and degradation and bodily and psychological integrity.
The organisation argued that parents had a right decide for themselves what was in the best interests of their children. Please read our Comment Policy before commenting. Register Sign in. South Africa. Content hosted by iono. This is a developing story. Next Article. Would you like to comment on this article? Register it's quick and free or sign in now.
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