MOGOENG CJ [22] Not only does this application implicate several constitutional rights,20 but it also most certainly raises an arguable point of law of general public importance which ought to be dealt with by this Court. [23] Since the decision of one Division of the High Court of South Africa does not bind all other Divisions, the need for uniformity and finality demands the intervention of this Court. The constitutional sustainability of moderate and reasonable chastisement is an arguable point of law of general public importance because it concerns those parents who subscribe to different religious beliefs or cultural practices and even those who do not espouse any faith or culture. It is thus safe to conclude that this application affects the overwhelming majority of parents and children in our country. [24] At the heart of this application lie issues relating to what is in the best interests of children. And children are a vulnerable group whose interests are of paramount importance.21 An integral part of those interests is how to raise them well as responsible and disciplined citizens of our country. The issues or points of law raised are of great interest and importance to almost all parents and children, most of whom are not able to champion the cause of ventilating these rights themselves and would thus be well served by the intervention of Freedom of Religion as a litigating party. If moderate and reasonable chastisement is unconstitutional, it is best to settle the issue once and for all to avoid the possible violation of children’s rights in other parts of the country. The issues have been extensively ventilated in the High Court and in this Court. [25] Freedom of Religion does have reasonable prospects of success, particularly because some comparable democracies retain the common law defence of reasonable and moderate chastisement. The interests of justice thus point to the granting of leave to appeal. It follows that this Court has jurisdiction in this matter. 20 Sections 9, 10, 12 and 28 of the Constitution. 21 Section 28(2) of the Constitution. 9

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