Physically disciplining your child will soon be unlawful in South Africa
The Department of Social Development has officially published the controversial Children’s Amendment Bill for public comment.
While the bill aims to introduce a number of changes to the current Children’s Act – including regulating unmarried fathers, adoption, and surrogate motherhood – arguably the most notable change is how child discipline will be considered under South African law.
Section 12A of the Act reads:
12A.
(1) Any person caring for a child, including a person who has parental responsibilities and rights in respect of a child, must not treat or punish the child in a cruel, inhuman or degrading way.
(2) Any punishment, within the home or other environment, in which physical force or action is used and intended to cause some degree of pain or harm to the child is unlawful.
As an extension of this, the common law defence of reasonable chastisement has been abolished.
Upon being reported for violating this section, the parent must be referred to a prevention and early intervention programme.
When prevention and early intervention services have failed, or are deemed to be inappropriate, and the child’s safety and wellbeing is at risk, a designated social worker must assess the child.
The section also notes that the Department of Social Development must take all reasonable steps to implement education and awareness-raising programmes concerning these new rules.
You can find the full Amendment Bill and information on how to comment detailed below:
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