Johannesburg – The Constitutional Court on Tuesday upheld a South Gauteng High Court ruling declaring corporal punishment at home unconstitutional.

In a unanimous judgment, the ConCourt ruled that the common law defence of reasonable and moderate parental chastisement of children is unconstitutional. The court said it was of the view that there are effective ways to discipline children without the use of corporal punishment

The case landed in the ConCourt after the high court in 2017 found the defence of reasonable chastisement to be unconstitutional in a matter related to a father who had been found guilty of assaulting his 13-year old son for watching pornography.

The high court found that the defence that allows parents to physically discipline their children violates children’s rights and that the protection of children from all forms of violence is critical in our context of alarmingly high levels of violence against children.

Freedom of Religion South Africa (FOR SA) then sought to have a high court ruling set aside arguing that there was a clear distinction between such chastisement and abuse and parents should be allowed to apply “reasonable” and “moderate” chastisement on their children.

But the State and a number of civil groups argued in favour of banning spanking.

Nkosinathi Dladla, legal services director in the social development department, said children should be protected from violence.

“Any act that harms a child’s right to be protected from maltreatment, neglect, abuse or degradation is unlawful and unconstitutional.

Tuesday’s Constitutional Court ruling paves the way for development of law to criminalise spanking.

______________________________________________________________________ “Enhance Legal Practice With Authoritative Reports” — Alexander Payne Offers Comprehensive Law Reports, Spanning Over A Century Of Nigerian Jurisprudence

Interested buyers are encouraged to place their orders and enquiries via: 0704 444 4777, 0704 444 4999, 0818 199 9888 Website: www.alexandernigeria.com

_______________________________________________________________________ [A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
“Evidence Act: Complete Annotation” by renowned legal experts Sanni & Etti.
Available now for NGN 40,000 at ASC Publications, 10, Boyle Street, Onikan, Lagos. Beside High Court, TBS. Email publications@ayindesanni.com or WhatsApp +2347056667384. Purchase Link: https://paystack.com/buy/evidence-act-complete-annotation _______________________________________________________________________

“Order Justice Omolaye-Ajileye’s Electronic Evidence Books Now” — Essential Guides On Evidence Act, Case Law And Digital Proof

Two leading books on electronic evidence by Hon. Justice Professor Alaba Omolaye-Ajileye, Rtd., PhD, FICMC, are now available for purchase. The publications, Electronic Evidence (Second Edition), With The Evidence Act, 2011 and Compendium Of Cases On Electronic Evidence, Volume II, 2020–2025, provide practical guidance, legal analysis and recent judicial authorities on electronic evidence in Nigeria.Order directly from the author here: https://velvety-cendol-7387ed.netlify.app/ _______________________________________________________________________ Groundbreaking Guide For Lawyers: Adigwe Publishes ‘Artificial Intelligence For Lawyers’ With Free Research eBook The book also examines Nigeria's legal ecosystem, focusing on the LPELR and NBA AI Guidelines. As a bonus, every purchase comes with a FREE eBook titled: How to Use the AI Features in LegalPedia and LawPavilion. Ohio Books Ltd praises the publication, stating: "....this is the only Nigerian book I know of on the topic." How to Order: 📞 Call, Text, or WhatsApp: 08034917063 | 07055285878 📧 Email: benadigwe1@gmail.com 🌎 Website: www.benadigwe.com Ebook Version: Access it directly online at https://selar.com/prv626 Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria. _______________________________________________________________________