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]
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that "any law which authorises corporal punishment by a court of law, including a court of traditional leaders," is repealed to the extent that it authorises such a punishment.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.
Referencesedit
^"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)
External linksedit
Abolition of Corporal Punishment Act, 1997
December 01, 2023
abolition, corporal, punishment, 1997, 1997, parliament, south, africa, that, abolished, judicial, corporal, punishment, followed, constitutional, court, 1995, decision, case, williams, others, that, caning, juveniles, unconstitutional, although, ruling, willi. 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 1997Parliament of South AfricaLong title Act to provide for the abolishment of corporal punishment authorised in legislation and to provide for matters connected therewith CitationAct No 33 of 1997Enacted byParliament of South AfricaAssented to28 August 1997Commenced5 September 1997Status SpentThe 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 External links editAbolition of Corporal Punishment Act 1997 Retrieved from https en wikipedia org w index php title Abolition of Corporal Punishment Act 1997 amp oldid 917827505, wikipedia, wiki, book, books, library,
