Abolition of Corporal Punishment Act, 1997
Encyclopedia
The Abolition of Corporal Punishment Act, 1997 (Act No. 33 of 1997) is an act
of the Parliament of South Africa
that abolished judicial corporal punishment
. It followed the Constitutional Court
's 1995 decision in the case of S v Williams and Others that caning
of juveniles was unconstitutional. Although the ruling in S v Williams was limited to the corporal punishment of males under the age of 21, Justice Langa
mentioned in dicta that there was a consensus that corporal punishment of adults was also unconstitutional.
The act contains two substantive sections. The first provides that "any law which authorises corporal punishment by a court of law, including a court of traditional leaders," is repealed to the extent that it authorises such a punishment. The second amends various acts of Parliament to remove references to corporal punishment; the acts amended are:
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of South Africa
Parliament of South Africa
The Parliament of South Africa is South Africa's legislature and under the country's current Constitution is composed of the National Assembly and the National Council of Provinces....
that abolished judicial corporal punishment
Judicial corporal punishment
Judicial corporal punishment refers to the infliction of corporal punishment as a result of a sentence by a court of law. The punishment can be flogging, caning, birching, whipping, or strapping...
. It followed the Constitutional Court
Constitutional Court of South Africa
The Constitutional Court of South Africa was established in 1994 by South Africa's first democratic constitution: the Interim Constitution of 1993. In terms of the 1996 Constitution the Constitutional Court established in 1994 continues to hold office. The court began its first sessions in February...
's 1995 decision in the case of S v Williams and Others that caning
Caning
Caning is a form of corporal punishment consisting of a number of hits with a single cane usually made of rattan, generally applied to the offender's bare or clothed buttocks or hand . Application of a cane to the knuckles or the shoulders has been much less common...
of juveniles was unconstitutional. Although the ruling in S v Williams was limited to the corporal punishment of males under the age of 21, Justice Langa
Pius Langa
Pius Nkonzo Langa was previously Chief Justice of the Constitutional Court of South Africa. He was appointed to the bench in 1994 by Nelson Mandela, became Deputy Chief Justice in 2001 and was elevated as Chief Justice in 2005 by Thabo Mbeki. He retired in October 2009.-External links:**...
mentioned in dicta that there was a consensus that corporal punishment of adults was also unconstitutional.
The act contains two substantive sections. The first provides that "any law which authorises corporal punishment by a court of law, including a court of traditional leaders," is repealed to the extent that it authorises such a punishment. The second amends various acts of Parliament to remove references to corporal punishment; the acts amended are:
- the Black Administration Act, 1927
- the Magistrates' Courts Act, 1944
- the Witchcraft Suppression Act, 1957
- the Stock Theft Act, 1959
- the Animals Protection Act, 1962
- the Dangerous Weapons Act, 1968
- the National Parks Act, 1976
- the Criminal Procedure Act, 1977Criminal Procedure Act, 1977The Criminal Procedure Act, 1977 is an act of the Parliament of South Africa that governs criminal procedure in South Africa's legal system...
.