MOGOENG CJ Is chastisement unconstitutional? [32] Freedom of Religion rightly seeks to distinguish reasonable and moderate parental chastisement from the kind of assault and abuse of children that every campaign or challenge to end this common law defence is actually intended to curb. But, the difficulty they have is the attempt to locate this chastisement outside the boundaries of assault. [33] They quite interestingly make the point that not every parent, who out of religious or cultural considerations chastises their children as a way of instilling or enforcing discipline or consequence management, intends to harm or does actually harm and abuse their children. Freedom of Religion displays an implicit appreciation of the reality that just as a verbal reprimand could have an even more traumatising or brutalising effect and an enduring negative impact on the well-being of a child, so can chastisement that is unreasonable and immoderate, often triggered by anger or an unbridled attitude or disposition of a tough disciplinarian. They only seek to protect and preserve a parental entitlement to lovingly discipline their children just or almost as positively as alternative methods reportedly do. [34] The approach of Freedom of Religion is not purely biblical. There is, however, an allusion to the appropriateness of scriptural injunctions on the use of a rod and to parents’ entitlement to administer reasonable and moderate chastisement on their children as an integral part of the exercise of the right to freedom of religion.27 But, it fundamentally seeks to protect the pre-existing common law defence of chastisement available to all parents irrespective of their religious persuasions, cultural practices or non-belief in a deity. It bears repetition that one of Freedom of Religion’s major 27 Undoubtedly, they draw additional reinforcement for their entitlement to chastise, based on their right to freedom of religion, from biblical injunctions like “[h]e who spares the rod hates his son, but he who loves him disciplines him promptly” Proverbs 13:24 Holy Bible New King James Version above n 1. And “[n]ow no chastising seems to be joyful for the present, but painful; nevertheless, afterward it yields the peaceable fruit of righteousness to those who have been trained by it.” Hebrews 12:11 Holy Bible New King James Version above n 1. 12