LME 3701 ASSIGNMENT 02.

HISTORICAL DEVELOPMENT ON THE LAW PERTAINING TO CHASTISEMENT OF CHILDREN BY THEIR PARENTS BY MONYEMORATHO LUCAS () Submitted in partial fulfilment of the requirements for the degree LLB In the SCHOOL OF LAW UNIVERSITY OF SOUTH AFRICA SUPERVISOR: Prof L PIENAAR & Ms U POYO (ASSIGNMENT NUMBER 02 / 03) 27/07/ 2021 1 3.Table of contents 1.Coverpage………………………………………………………………………………..1 2. Working Title……………………………………………………………………………..1 3. Table of content………………………………………………………………………….2 4. Introduction. ……………………………………………………………………………..3 5. Problem statement………………………………………………………………………4 6. Hypothesis……………………………………………………………………………….4 7. Points of departure and assumptions…………………………………………………5 8. Conceptualisation of central research themes……………………………………….6 8.1……………………………………………………………………………………… 6 8.2…………………………………………………………………………………………6 8.3…………………………………………………………………………………………6 8.4…………………………………………………………………………………………6 8.5…………………………………………………………………………………………7 8.6…………………………………………………………………………………………7 9. Proposed chapter outlay………………………………………………………………… 7 9.1 Body……………………………………………………………………………………...8 10. Projected time scale…………………………………………………………………..10 11. Description of proposed research method………………………………………….10 2 12. Preparatory study and research……………………………………………………..11 13. Conclusion……………………………………………………………………………..12 14. Bibliography……………………………………………………………………………13 15. Academic declaration…………………………………………………………………15 4. Introduction. Corporal punishment in the home refers to any kind of physical force inflicted on children by a parent or guardian as a means of discipline. It is a grave concern in terms of children’s development as it violates children’s human rights to physical integrity and human dignity as enshrined in the Constitution.1 I am going to deal with the historical development of the law pertaining to corporal punishment on the children by their parents in the homes. The research will deal with the development of corporal punishment by parents with regard to their children in as far as, their right of chastisement, the protective rights of the children against such and what the current position is in terms of the Constitutional dispensation as envisaged in the Constitutional Court’s decision.2 First I will deal with the common law position, thereafter the evolving position that raised some alteration of the common law position, where it was allowed in certain settings. Lastly, I will deal with the current position as effected by the Constitutional Court’s decision in which corporal punishment as any form of punishment is prohibited. Previously, common law recognised parents’ power “to inflict moderate and reasonable chastisement on a child for misconduct. The general rule adopted both by the Roman, the Roman-Dutch law and the English law is that a parent may inflict moderate and reasonable chastisement on a child for misconduct, if this is not to be done in a manner offensive to good morals or for other objects than correction and admonition.3 The presumption is that such punishment has not been dictated by 1 Constitution of the Republic of South Africa Act, 1996. 2 Freedom of Religion South Africa v Minister of Justice and Constitutional Development and Others [2019] ZACC 34. 3 R v Janke and Janke 1913 TPD 382