Are teachers allowed to hit or cane my child?

posted in General
Friday, May 25 2012, 01:23 AM
0
My child got a spanking at school for misbehaving.<br />
I just do not think this is okay, if my child is doing something wrong it should be my choice to punish him.
Responses (2)
  • Accepted Answer

    Monday, July 23 2012, 03:23 PM - #permalink
    0
    A while ago I emailed the Education Dept as follows:
    Dear SAHRC, Education Department,
    I am in Port Elizabeth and someone told me that parents were "giving permission
    for teachers to hit their children at school." When I spoke to a lawyer years
    ago he told me that the law says that one "cannot assent to assault" and my
    understanding is that even if a parent says that the teacher can hit his/her
    child at school it is still illegal for the teacher to hit that child (it is
    assault).
    Would you please inform me if the lawyer and my understanding is correct. I
    understand that corporal punishment at school by a teacher is illegal no matter
    what.
    As it is expensive for me to consult lawyers I would appreciate a reply. I have
    been campaigning with others for many years to stop corporal punishment in
    schools.
    Yours faithfully
    Eddie Miller

    I was pleased to receive this reply:

    Dear Mr Miller

    You are indeed correct. Corporal punishment is illegal in terms of the South
    African Schools Act and does constitute assault. The consent of a parent does
    not turn an illegal act into a legal one and is also contrary to section 28(2)
    of the Constitution which states that " A child's best interest are of paramount
    importance in every matter concerning the child."

    Regards
    Chris Leukes
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  • Accepted Answer

    Friday, May 25 2012, 08:14 PM - #permalink
    1
    No. The Schools Act outlaws corporal punishment. Any teacher administering physical punishment faces prosecution for assault, and may be fined or even jailed.

    Corporal or physical punishment can take many forms, including hitting with a hand or an object such as a cane, belt, whip, shoe or ruler, slapping, kicking, shaking, burning, pinching or pulling hair, forcing someone to stand in an uncomfortable and undignified position, denying or restricting someone's use of the toilet, denying meals, drink, heat and shelter as a form of punishment, or forcing someone to do excessive exercise.
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