MOGOENG CJ Coram: Mogoeng CJ, Basson AJ, Cameron J, Dlodlo AJ, Froneman J, Goliath AJ, Khampepe J, Mhlantla J, Petse AJ and Theron J Judgment: Mogoeng CJ (unanimous) Heard on: 29 November 2018 Decided on: 18 September 2019 Summary: minor — assault with intent to do grievous bodily harm — common law defence of reasonable and moderate chastisement — best interests of the child — defence inconsistent with sections 10 and 12(1)(c) of the Constitution — amicus curiae leave to intervene — application for leave to appeal ORDER On appeal from the High Court of South Africa, Gauteng Local Division, Johannesburg (in an application for direct access): 1. The application for direct access is granted. 2. Freedom of Religion South Africa is granted leave to intervene. 3. The application for leave to appeal is dismissed. 4. It is declared that the common law defence of reasonable and moderate parental chastisement is inconsistent with the provisions of sections 10 and 12(1)(c) of the Constitution. 5. There will be no order as to costs. JUDGMENT 2

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