Since 1994, South Africa has approved many documents dicussing and prohibiting corporal punishment on its youth.
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Convention of the Rights of the Child:
Promises to ‘take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical and mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation including sexual abuse, neglect.’ (Article 19 Section 1)
In addition it asserts that ‘school discipline is administered in a manner consistent with the child’s human dignity and in conformity with the spirit of the convention…The committee on the Right of the Child, monitoring the implementation, also reiterates that corporal punishment in any form is a violation of this Convention.’ (Article 28, Section 7)
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African Charter on the Rights and Welfare of the Child:
Article 16: “State Parties shall take specific legislative, administrative, social, and educational measures to protect the child from all forms of torture, inhuman or degrading treatment and especially physical or mental injury or abuse, while in the care of a parent, legal guardian or school authority or any other person who has care of the child.’
Article 11.5: ‘State Parties present Charter shall take all appropriate measure s to ensure that a child who is subjected to school or parental discipline shall be treated with humanity and with respect for the inherent dignity of the child and in conformity with the present Charter.’
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United Nations definition of torture: ‘the prohibition [of torture] must extend to corporal punishment, including excessive chastisement as an educational or disciplinary measure.’
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South African Constitution, Article 12: ‘Everyone has the right not to be treated or punished in a cruel, inhuman, or degrading way.’
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National Education Policy Act (1996): ‘no person shall administer corporal punishment, or subject a student to psychological or physical abuse at any educational institution.’ (Section 3 (4)(g) &(h))
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The South African Schools Act (1996): 1) ‘No person may administer corporal punishment at a school to a learner; 2) Any person who contravenes subsection 1 is guilty of an offence, and liable on conviction to a sentence which could be impose for assault.’
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Abolition of Corporal Punishment Act 33 of 1997: repealed all legislation that permitted corporal punishments by courts, even those assmbled by traditional leaders.
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The Regultions under the Child Care Act 74 of 1983 (ammended in 1998): prohibited corporal punishment in children’s homes, reform schools, schools of industry, and by foster parents.