Smacking kids is still illegal: ConCourt maintains ruling on parental chastisement of children

The “reasonable and moderate chastisement” of children as a form of physical discipline by their parents is unconstitutional, the Constitutional Court has ruled.

In October 2017, the Gauteng High Court in Johannesburg found that the common law defence of “reasonable and moderate chastisement” was unconstitutional. In that case, a father, a devout Muslim, had beaten his son, 13, severely because he found pornography on his iPad, and argued that he was entitled to do so because he was chastising his son as per his religious beliefs.


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