Nevertheless, the case highlights the challenge of balancing parental rights to just chastisement of children with abuse.  This balancing act is made even more precarious in the context of a country where violence, particularly violence against women and children, has become endemic.

“South Africa cannot advance or create the culture of human rights envisioned by our Constitution, if violence and other forms of human rights abuses are not addressed. Much of the violence that plagues our country, both in society and within our homes, is part of the structural legacy of apartheid and colonialism,” said Commissioner Angie Makwetla, SAHRC Commissioner responsible for Children’s Rights.

Violence in South Africa remains deeply embedded and manifests in many contexts and at all levels: in schools where learners assault teachers, and teachers assault learners; in public where police officials assault members of the public; where high ranking public officials (such as the recent incident involving the former Deputy Minister of Higher Education) are accused of assault; and in the numerous and recurring incidences of public protests that turn violent.

Media and anecdotal reports increasingly illustrate the slippage that can occur from parental discipline to the assault and abuse.  Similarly, attempts to discipline learners in schools increasingly result in corporal punishment, which is prohibited in South Africa.

All these incidences and others feed and sustain the high levels of violence that characterise our society. Violence is behaviour which is learned through observation and experience. And it is behaviour which can, and should be, unlearned.

The Commission condemns all violence in our society, particularly violence perpetrated against vulnerable groups. In this regard the SAHRC will be engaging with relevant stakeholders to find the best way of breaking the cycle of violence that permeates all levels of our country, so as to create an environment conducive to achieving a South Africa free from the violent legacy of our past.

Ends

Issued by the South African Human Rights Commission

SAHRC Spokesperson: Gail Smith. Contact: 060 988 3792, This email address is being protected from spambots. You need JavaScript enabled to view it.
SAHRC Communications Co-ordinator: Gushwell Brooks, Contact: 082 645 8573, This email address is being protected from spambots. You need JavaScript enabled to view it.