ConCourt hears spanking a child 'is a form of violence'
Freedom of Religion South Africa (FOR SA) argued before the Constitution Court on Thursday to oppose a 2017 High Court judgement which criminalised ‘reasonable to moderate chastisement’ of children as a form of discipline.
This includes spanking and other forms of physical punishment, which the organisation claims do not amount to abuse.
The organisation told the court that the criminalisation of such forms of discipline will result in jail time, for well-meaning parents who only want to instill good values and discipline on their children.
“What one finds is that there are parents and in this country there are going to be a large percentage of this population who subscribe to the use of reasonable and moderate chastisement, that’s not corporal punishment, it’s not parental punishment and it’s not physical punishment and its part of their set of tools they use to discipline and raise their children. Not all but many do so when necessary, reasonably and in love,” said Advocate Reg Willis, representing FOR SA.
Justice Leona Theron asked Willis if this society shouldn’t move toward eradicating all forms of violence, especially against women and children.
“Justice Theron, there is not even a proper argument that reasonable and moderate chastisement is the cause of anything negative. The reason I say so is that everything works of this mischaracterisation, indeed violence, indeed punishment, all of these things play a role. But reasonable and moderate chastisement when tested according to the authorities as they stand in this country, is a highly unlikely contributing factor to the levels of violence in this country, that's a contributing factor are parents who exceed the boundaries,” replied Willis.
Advocate Ann Skelton, representing the Children’s Institute and Sonke Gender Justice, disagreed with FOR SA’s arguments.
“The applicants argue that the applicants argue that a loving slap or a smack on the bum or the smacking of a child is not an assault, but all types of force used against another person is an assault. Not all will result in prosecution necessarily but prima facie, all are assaults.
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“Positive discipline alone in itself is a sufficient tool to allow parents to discipline their children. So in this way, if we assume that parents have a right or duty to discipline their children they are able to adequately satisfy that right on positive discipline alone,” added Advocate Emma Webber, representing The Global Initiative to end all Corporal Punishment of Children.
She added that it is not clear that corporal punishment is effective beyond the moment it is administered.
The court reserved judgment.