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.[1] 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.[2]
| Abolition of Corporal Punishment Act, 1997 | |
|---|---|
| Parliament of South Africa | |
| |
| Citation | Act No. 33 of 1997 |
| Enacted by | Parliament of South Africa |
| Assented to | 28 August 1997 |
| Commenced | 5 September 1997 |
| Status: Spent | |
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that "any law which authorises corporal punishment by a court of law, including a court of traditional leaders," is repealed to the extent that it authorises such a punishment.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 makes specific textual amendments various statutes, including the Black Administration Act, the Magistrates' Courts Act and the Criminal Procedure Act, to remove references to corporal punishment.
References
edit- ^ "Section 13: The abolition of JCP". Judicial Corporal Punishment in South Africa. World Corporal Punishment Research. 2005. Retrieved 1 November 2011.
- ^ S v Williams and Others [1995] ZACC 6 at para. 10, 1995 (3) SA 632, 1995 (7) BCLR 861 (9 June 1995), Constitutional Court (South Africa)