The defence of reasonable chastisement of children has been declared unconstitutional and no longer applies in South African law, the Johannesburg High Court ordered on Thursday. The landmark judgment means a parent can no longer claim a defence of reasonable chastisement if accused of assaulting their child. The order was granted after a father appealed a judgment in which he was found guilty on two charges of assault with intent to do grievous bodily harm against his wife, and his son — who he claimed he found watching pornography on one of their iPads, which is forbidden in their religion. Judge Raylene Keightley said in her judgment that the effect of the common-law defence as it was before the order, is simple, as, provided a person who applies moderate physical force in question is the parent, and the victim is his or her child who is being disciplined, conduct that would otherwise be unlawful assault, if meted out by and to anyone else, is rendered lawful. The onus rested on ...
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