Constitutional Court puts an end to spanking, the Newcastillian finds out how residents feel about the ruling

For many adults, growing up meant playing with outside with friends, being mischievous and occasionally be on the receiving end of a solid good spanking when you pushed your boundaries too far.

However, the days of spanking your children are a thing of the past. This follows a ruling by that Constitutional Court which states parents may no longer spank their children.

Prior to the ruling, parents relied on the common law defence of reasonable chastisement, as long as it was moderate and reasonable and the below kept in mind:

  • Motive
  • Transgression
  • Force and object
  • The child’s age, gender and size

However, a High Court matter where a father of a 13-year-old was prosecuted and convicted of assault has led to this defence being declared unconstitutional.

The Constitutional Court indicated that, as per section 12(1)(c) of the Constitution, “everyone has the right to freedom and security of the person, which includes the right to be free from all forms of violence from either public or private sources”, confirming that spanking your minor child is now illegal.

With the law now stipulating you may no longer spank your child, the Newcastillian asked members of the community what they thought about the ruling. This is what they had to say.

Abie Lubbe

“My children are all grown up and no longer live with me, but if I did have children still at home, I would still spank them. I think the ruling is a joke. You do not have to assault your child, but spanking does teach them boundaries.”

Fanie de Bruin

“I would still definitely give a spanking if it was required. By doing away with spanking, there is no more discipline.”

Keyuri Pillay

“I do not think they should have removed spanking. While I do not have children, there are children in this generation that needs that kind of discipline.”

Phumelele Mabele

“As a mother, I feel we should continue spanking our children where it is due. There are other ways to discipline your child, but there are times where these don’t put your child in order and spanking is due. However, you should not assault your child.”

Sakhile Mbatha

“I have three children and I do not feel they should be spanked. I was never given a hiding as a child. I feel when your child is naughty, you should talk to them and correct them in other ways.”

What are your thoughts? Do you feel spanking plays an important role in a child’s discipline? Or do you feel there are other ways to discipline your child?

Share your thoughts and views with us in the comment section below.

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