The lack of getting a good beating is now showing itself in society.
because there is difference between a smack and a beating...
some parents don't know the difference, between reasonable ....and that is just ****ed up, hitting/beating a child. Hence the the court erring on the side of protecting the child
Judgement was response to :
http://saflii.org/za/cases/ZAGPJHC/2017/290.html
[1] The appellant in this matter was tried in the Regional Court, Johannesburg, on two charges of assault with intent to do grievous bodily harm. The first charge related to his alleged assault of his 13-year old son, M, and the second charge related to his alleged assault of his wife. The two assaults were alleged to have occurred at the family home on the same day, although they occurred at different times.
[2] The trial court found the appellant guilty on both charges on the competent verdict of common assault. The court invoked
section 297(1)(a)(ii) of the
Criminal Procedure Act 51 of 1977, and postponed the passing of sentence against the appellant for a period of five years. The magistrate granted the appellant leave to appeal against his convictions.
[3] As far as the facts relating to the first charge are concerned, it is common cause that on the day of the incident M was sitting on his parents' bed in their bedroom using one of the family's iPads. The appellant entered the room and accused M of watching pornographic material on the iPad. M denied this, but the appellant persisted with the accusation. There was a verbal exchange between them, with the appellant insisting that M should tell him the truth. When M repeated his denial the appellant hit him. He told M that he was lying, and he said that he was giving him another opportunity to tell the truth. When M refused to admit he was lying, the appellant hit him again. This pattern repeated itself a number of times.
[4]
The appellant's defence at the trial was that he had done nothing more than to exercise his right as a parent to chastise M by meting out reasonable corporal punishment for M's indiscipline. He told the court that they are a Muslim family and that M knew that pornography is strictly forbidden.