Basic education rights handbook education rights in south africa chapter 19. The act states that discipline must be maintained in the school and classroom situations so that the education of learners. Less than 20 countries worldwide have adopted legislation to prohibit corporal punishment of children. Alternative methods to corporal punishment and their efficacy. Exploring the association between parenting practices and aggressive behaviour in children. Firstly, it seems essential that a clear definition of corporal punishment is established, as the participants in this study both expressed contradicting attitudes and behaviour, depending on age of the child and severity of the corporal punishment.
Corporal punishment and the achievement of educational success. Here are various ways learners ought to be disciplined in schools, and corporal punishment. High court strikes down corporal punishment defence for parents. B e it enacted by the parliament of the republic of south africa, as follows. Twenty years on, corporate punishment in schools is ali. In south africa, sentencing is considered the primary prerogative of trial courts and they enjoy wide discretion to determine the type and severity of a sentence on a casebycase basis. Article pdf available in journal of southern african studies. Department of psychology, zimbabwe open university. Pdf the nature, causes and effects of school violence in. The impact of the abolition of corporal punishment on teacher.
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. The continued use of corporal punishment in some south african schools and the reasons. Nonprofit organisation freedom of religion south africa forsa, which claimed to represent six million religious people. Basic education rights handbook education rights in.
Smacking your child may soon be illegal in south africa. Abolition of corporal punishment act, 1997 wikipedia. 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. Reconsidering the role of power, punishment and discipline in south african schools 246 koers 762 2011. Ruling banning the spanking of children is both legally. Morrell and others published corporal punishment in south african schools. This is when physical punishment is handed down to someone from a teacher or parent. New law to end corporal punishment in south african homes. Corporal punishment was legally abolished and its prohibition adopted into law in 1999 through the south african schools act 84 of 1996 section 10. Perceptions of parents on the use of corporal punishment in. Jul 20, 2018 here is the latest updated list of all the essential goods and services during south africas coronavirus lockdown new law to end corporal punishment in south african homes. Any law which authorises corporal punishment by a court of law,including a court of traditional leaders, is hereby repealed to the extent that itauthorises such punishment.
The arguments for and against mainly revolve around the ethics and practicalities of using physical force as a way of maintaining student discipline. Perceptions of parents on the use of corporal punishment in schools in zimbabwe mugove kudenga senior lecturer. What alternatives can be put in place to promote discipline and who is responsible for. Judicial corporal punishment jcp is the infliction of corporal punishment as a result of a sentence by a court of law. There is no provision for corporal punishment as a sentence in the criminal code 1974 or the village courts act 1989.
Abstract this is part of a broad study that sought to find out views of parents in zimbabwe on the use of corporal punishment in schools. Corporal punishment should be reintroduced to schools because it teaches kids not to misbehave. 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. A teacher was suspended for allegedly using corporal punishment to discipline pupils at the lugobe high school near umbumbulu on the south. Popular corporal punishment books showing 150 of 445 the spanking librarian kindle edition by.
It seems that the abolishment of traditional forms of punishment, especially corporal punishment, left a gap. Statistics south africa the number of complaints relating to corporal punishment in south african schools has increased in the past two years, despite being outlawed. Read further for the real deal about corporal punishment. Criticism of its effects led, in 1996, to the banning of this form of punishment. Should corporal punishment be reintroduced in schools. Oct 19, 2017 high court strikes down corporal punishment defence for parents. The abolition of corporal punishment remains a contentious issue within.
Corporal punishment usually takes the form of paddling with wooden paddles or sticks by school. The latest crime statistics report that nearly a third of all cases are contact. Educators disciplinary capabilities after the banning of corporal. It provided in section 1 that any law which authorised corporal punishment by a court of law. Kzn teacher suspended for alleged corporal punishment. A purposive sample of five principals, 80 learners and 20 educators was selected from. 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. After 1994, when south africa stepped out of isolation and adopted a new, democratic constitution guaranteeing the right to dignity, equality, freedom and security for all citizens, it followed the path of most other democracies by passing legislation to outlaw corporal punishment department of. South african law is murky when it comes to corporal punishment in the home. South africa divided over concourts corporal punishment ruling parents could earn a criminal record if they are charged for abuse. Judicial corporal punishment in south africa section 5 page 4. Oct 07, 2017 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. Ending corporal punishment of children in south africa.
Hiemstra, described the rules that prisoners had to observe as a bewildering system calculated to make delinquents feel like social outcasts. The use of corporal punishment in south african schools xm. Corporal punishment and the effects of its usage corporal punishment is the ability to make physical contact as a form of punishment for reprimanding ones behavior. Should the proposed legislation be passed, south africa would be the first country in africa to outlaw corporal punishment in the home. Since the scrapping of corporal punishment, a sense of despair seems to have taken over a mongst teachers in south africa. Here are various ways learners ought to be disciplined in schools, and corporal punishment is not one of. Corporal punishment is unlawful in all settings, including the home. Exploring the association between parenting practices and. It was recently reported that a total of 269 teachers in. Effects of banning corporal punishment on discipline in. 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. South africa has a number of laws that protect learners from corporal punishment and abuse. South africa and kenya, have equally outlawed the use of corporal punishment in schools.
The impact of the abolition of corporal punishment on. There are many reasons to prohibit corporal punishment of children in south africa. South africa prohibits all corporal punishment of children. The department of basic education has emphasised a big no to corporal punishment in schools. Sep, 2016 student and teacher fighting in a classroom. High court strikes down corporal punishment defence for. Advantages and disadvantages of corporal punishment. Arguments for and against the use of corporal punishment. The universal form of corporal punishment in modern times, then, has been the application of a cane to the buttocks.
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. Corporal punishment basic education rights handbook education rights in south africa chapter 19. Spanking your child is officially illegal in south africa. In doing so, they follow judgemade, broad sentencing principles known as the triad of zinn, which require that, when making sentencing determinations. If you are working to end corporal punishment in your country, or if you would like to, get in touch to see. The punishments include caning, bastinado, birching, whipping, or strapping. Pdf corporal punishment has long been the most common form of. South africa is a signatory to all international conventions on the rights of the child and these must be upheld in a constitutional democracy.
Some of the strongest and most eloquent criticisms of corporal punishment have how ever come from the judiciary in that country in the course of interpreting and applying the manifold statutes which authorise and regulate corporal punishment in the republic of south africa. This study critically analyzed the effect of using this type of punishment on students in nigerian high schools. In 1997, the abolition of corporal punishment act abolished the former practice, and the south african schools act of 1996 outlawed corporal punishment in schools. Twenty years on, corporate punishment in schools is alive.
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. This is followed, in the second chapter, by an exposition of the research. But this legislative intervention did not end the use of corporal punishment in schools. Corporal punishment can scar children or disfigure them for life both physically and mentally. Children have a right to be protected from corporal punishment. Another disadvantage of corporal punishment is the fact that it can land the one meting out the physical punishment in big trouble. There has, however, been an indication in literature that the banning of corporal punishment has had a direct impact on the escalating discipline. Corporal punishment can be described as any physical action that hurts a child in the name of discipline. Histories and legacies of punishment in southern africa. Pdf the effect of corporal punishment in nigerian high. Corporal punishment versus positive reinforcement while they both serve their purpose corporal punishment is known to be more effective. Corporal punishment was long in use in south africa as a sentence for disobedience by prisoners of prison rules. East and southern africa pdf west and central africa pdf middle east and north africa pdf online global table browse all summary tables. Judicial corporal punishment in south africa page 1 sections.
Progress towards prohibiting all corporal punishment of. 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. The constitutional court judgment on corporal punishment of children means that the. Robert morrell, writing from the context of postapartheid south africa. Statistics south africa 2016, general household survey 2015, pretoria. Basic education rights handbook education rights in south.
Judicial corporal punishment in south africa section 5. Corporal punishment, psychological violence and other degrading educational measures are inadmissible. Corporal punishment in schools is an emotional and controversial topic for many people. 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. The practice was once commonplace in many countries, but over time it has been abolished in most countries, although still remaining a form of legal. Africa global initiative to end all corporal punishment. The research findings demonstrate that corporal punishment in schools is highly correlated to family acceptance by practicing corporal punishment at home and lack. We sought to investigate the nature, causes and effects of school violence in four south african high schools. Educators disciplinary capabilities after the banning of. 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.
Children, families and the state 61 living customary law and families in south africa elena moore and chuma himonga i for the purposes of this essay, state law refers to common law and statutory law based on south africa s english and roman dutch legal roots. South africa, other forms of violence continue to plague communities in this country harsch, 2001. The impact of the abolition of corporal punishment on teacher morale. Less than 20 countries worldwide have adopted legislation to prohibit corporal punishment of. 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. The judge emphasised that south africa was not the first african country to do away with corporal punishment in the home. It was found that, although teachers use alternative methods to corporal punishment, they believe that they are less effective compared to corporal punishment. Groundbreaking judgment outlaws spanking south africa news. The south african education system historically has used corporal punishment to maintain discipline.
Spanking your child is officially illegal in south africa, highest court rules. 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. The removal of the law that allowed reasonable and moderate corporal punishment was meant to ensure. 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. This article offers an explanation for the ongoing use of corporal punishment. 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. Updated 31 october 2019 to clarify the roles of our national partners on 18 september 2019, the constitutional court of south africa ruled that the common law defence of reasonable and moderate chastisement was unconstitutional, effectively banning all corporal punishment of children. A word that frequently appears in the afrikaans version of legislation and official documents is lyfstraf, which translates literally as corporal punishment. South africa divided over concourts corporal punishment. Oct 25, 2015 this resolution of the abolishment of corporal punishment has led to many deliberations in folks and educators in south africa.
Nonprofit organisation freedom of religion south africa forsa, which claimed to. Reconsidering the role of power, punishment and discipline in. The abolition of corporal punishment act, 1997 act no. This judgment has nudged south africa closer to fulfilling its international obligations to protect children. Severe corporal punishment still carried out at many sa. Nov 09, 2017 south africa has a number of laws that protect learners from corporal punishment and abuse. Corporal punishment and the cultural defense duke law. School corporal punishment is currently legal in 19 states, and over 160,000. It followed the constitutional courts 1995 decision in the case of s v williams and others that caning of juveniles was unconstitutional.
Corporal punishment and the achievement of educational. It is also reported that in 1996 the supreme court in italy declared all corporal punishment unlawful. The use of corporal punishment in nigerian high schools is widely accepted as a norm. In 1995, south africa s constitutional court banned judicial corporal punishment of juveniles and soon thereafter legislation ended it for adults as well, marking an end to a practice that had been widespread since colonial times. See also p newell south africas childrens bill, corporal punishment and human rights standards 2005 global initiative to end all corporal punishment of children 1. South africa global initiative to end all corporal punishment of. Judicial corporal punishment in south africa page 1. Pdf corporal punishment and masculinity in south african schools. If we just take away playtime or other privileges, its not teaching kids anything because most of them dont want to even be in school anyway.
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