Abolition of Corporal Punishment Act, 1997
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 | |
|---|---|
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| Parliament of South Africa | |
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| 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that "any law which authorises corporal punishment by a court of law, including a court of traditional leaders," is repealed to the extent that it authorises such a punishment.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)