Previous 2 / 29 Next

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

Select target paragraph3

● ● ●

Freedom of Religion South Africa v. Minister of Justice and Constitutional Development and Ors, 2019

Cases

Country

Latitude: -31.005484474142992

Longitude: 23.460146846172638

Country (linked Cases): South Africa

Court location: South Africa: Gauteng

Court: South Africa: Constitutional Court, South Africa

Date of judgement: Sep 17, 2019

Keywords

Child abuse
Corporal punishment
Domestic violence
Pornography
Right to dignity

Gender of victim

Male: Boy (under 18)

Gender of accused/perpetrator

Male: Man (18+)

Language: English

Summary: This matter began as a trial of assault with intent to do previous bodily harm. The father abused his 13 year old son for watching pornographic material. The violence acted upon the son also rook the form of vicious kicking and punching. Because of this, the father could not therefore rely on any religious of cultural background to justify the unreasonable application of force. He, unsurprisingly, was convicted of common assault. In addition to this, he also convicted on another assault charge against his wife for physical abuse. Angered by the outcome, the father appealed to this High court in which the application was denied.

The court also declared that the common law defense of reasonable and moderate parental chastisement is inconsistent with the provisions of sections 10 and 12(1(c) of the constitution. There were no orders as to costs.

Primary Documents

Freedom of Religion South Africa v Minister of Justice and Constitutional Development and Others - corporal punishment.pdf
English
Download View