The Common Law Defence Of Reasonable Disciplinary...

Criminal law assignment 1 Topic 7: Reasonable disciplinary chastisement Introduction: This assignment aims to provide a refined understanding regarding the common law defence of reasonable disciplinary chastisement (â€Å"RDC†) in South African law, in the context of a statement issued by the South African Minister of Social Development, Ms Bathabile Dlamini (â€Å"Dlamini†). Firstly, an analytical response will be given as to whether the author of this text agrees with Dlamini’s statement. Secondly, using her statement as a point of departure, the future of this criminal defence will be discussed, evaluated and channeled towards affirming and producing a concluding remark, by means of case law as judicial precedent and central academic opinions and disputes, as a secondary source of evaluative analysis. Disciplinary chastisement: Background The previous common law interpretation regarding (â€Å"CP†) was significantly influenced by English law, employing an approach of moderate corporal chastisement as permissible towards those under their care. Snyman relays that unlawfulness is based upon the principle of ‘objective reasonableness’, which is founded on the â€Å"legal convictions of the community† or boni mores. Within South African criminal law, disciplinary chastisement is classed as a ‘putative’ (supposed) defence and will exclude the criminal element of unlawfulness, unless inconsistent with human rights norms. Moderate and reasonable disciplinary chastisement The legal requirementsShow MoreRelatedCorporal Punishment with Respect to the Private and Public Sphere1187 Words   |  5 Pages1 Introduction Corporal punishment is the unlawful intentional act of causing harm by physically inflicting punishment on the body of an offender or severely criticising the offender. There is a distinction in common-law between corporal punishment in the public sphere and in the private sphere. Corporal punishment on children in the private sphere is administered by parents. It is legally accepted in South Africa, provided that the requirements are met. The public sphere’s position is much different