Corporal Punishment: Law Reform Lessons for Australia from South Africa and New Zealand

2021 ◽  
Vol 54 (2) ◽  
Author(s):  
Laetitia-Ann Greeff
Keyword(s):  
South Africa ◽  
New Zealand ◽  
Corporal Punishment ◽  
Cultural Change ◽  
National Level ◽  
Law Reform ◽  
Constitutional Court ◽  
In Loco Parentis ◽  
A Charge ◽  
The Impact

This article compares the law reform methods employed by South Africa and New Zealand to eliminate the defence of ‘moderate and reasonable chastisement’ to a charge of common assault, to determine the best possible law reform strategy for Australian jurisdictions, within the context of its federal system of governance. South Africa and New Zealand banned corporal punishment on a national level, with South Africa prohibiting the use of corporal punishment by way of the judicial condemnation of the Constitutional Court in 2019, and New Zealand’s legislation to ban corporal punishment through Parliamentary processes in 2007. Corporal punishment in the home is still legal in Australia if administered by parents or those in loco parentis. This article focuses on the three Australian States that have enacted human rights legislation—Victoria, the Australian Capital Territory (ACT) and Queensland—and the impact of this legislation on judicial law reform. In this regard, the doctrine of parliamentary sovereignty is discussed in terms of its ability to limit public interest litigation’s viability to strike down inconsistent legislation. The article suggests that all three countries can learn from one another concerning the successes and/or failures of law reform. Furthermore, the article concludes by acknowledging that even though formal abolition is the norm in South Africa and New Zealand, corporal punishment remains widespread. Parents and those in loco parentis must be supported by continual education initiatives to bring about requisite social and cultural change.

scholarly journals The Impact of Anti-Retroviral Therapy on Tuberculosis Detection at the National Level in South Africa

2018 ◽  
Vol 99 (6) ◽  
pp. 1407-1414
Author(s):  
Zoë M. McLaren ◽  
Alana Sharp ◽  
Elizabeth Brouwer ◽  
Ananta Nanoo
Keyword(s):  
South Africa ◽  
National Level ◽  
The Impact

scholarly journals Attitudes, Rape and Law Reform in South Africa

2009 ◽  
Vol 73 (5) ◽  
pp. 414-429 ◽  
Author(s):  
Charnelle van der Bijl ◽  
Philip N. S. Rumney
Keyword(s):  
South Africa ◽  
Decision Making ◽  
Criminal Justice ◽  
Social Attitudes ◽  
Law Reform ◽  
Judicial Decision Making ◽  
Rape Law ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Impact

In the last decade South Africa has undergone an extensive process of sexual offence law reform. This process has attempted, amongst other things, to address deficiencies in the criminal justice response to rape and has also recognised some of the limits to the impact of legal reform. These limits are partly defined by rape supportive attitudes and myths that appear to influence decision-making at all points in the criminal justice process. In South Africa, and many other jurisdictions, evidence suggests that police, prosecutorial and judicial decision-making is influenced, in part, by a range of social attitudes that misconstrue sexual violence, as well as serve to undermine the credibility of complainants. This article examines the impact of myths, social definitions of rape on rape law reform in South Africa and the points at which these reforms are likely to be undermined by social attitudes and what potentially might be done to address this problem.

scholarly journals Sideswipes and Backhanders: Abolition of the Reasonable Chastisement Defence in South Africa

2020 ◽  
Vol 34 (2) ◽  
pp. 191-203
Author(s):  
Julia Sloth-Nielsen
Keyword(s):  
South Africa ◽  
South African ◽  
Corporal Punishment ◽  
Cultural Beliefs ◽  
Freedom Of Religion ◽  
Constitutional Court ◽  
Correct Decision ◽  
The South ◽  
Constitutional Development ◽  
History Of

Abstract This article reviews the abolition of the defence of reasonable chastisement by the South African Constitutional Court on the grounds that it infringes the Constitution. After detailing the history of the abolition of corporal punishment in a democracy with the Constitution as supreme law, the article dissects the reasoning of the Constitutional Court. It argues that judgment in Freedom of Religion South Africa v Minister of Justice and Constitutional Development (hereafter FORSA), whilst overall positive in its result, is probably a low water mark in the development of children’s rights jurisprudence in South Africa. There are a number of inadequacies and strangely deferential statements in the FORSA decision. Whilst inescapably coming to the constitutionally correct decision, the reluctance of the Court to reach this point, and its desire to accommodate the religious and cultural beliefs of the appellants, is evident. The way forward has, as a result, been left rather obscure.

scholarly journals The inequity of morbidity: Disparities in the prevalence of morbidity between ethnic groups in New Zealand

2020 ◽  
Vol 10 ◽  
pp. 2235042X2097116
Author(s):  
Jason Gurney ◽  
James Stanley ◽  
Diana Sarfati
Keyword(s):  
New Zealand ◽  
Ethnic Groups ◽  
Latin American ◽  
Middle Eastern ◽  
National Level ◽  
Morbidity Burden ◽  
Individual Level ◽  
Level Data ◽  
The Social ◽  
The Impact

Objective: The burden of chronic disease is not evenly shared within our society. In this manuscript, we use comprehensive national-level data to compare morbidity burden between ethnic groups in New Zealand. Methods: We investigated the prevalence of morbidity among all New Zealanders aged 18+ (n = 3,296,837), stratified by ethnic group (Māori, Pacific, Asian, Middle Eastern/Latin American/African, European/Other), using national-level hospitalisation and pharmaceutical data and two measures of morbidity (the M3 and P3 indices). Results and Conclusions: We observed substantial disparities for Māori and Pacific peoples compared to other ethnic groups for the vast majority of commonly-diagnosed morbidities. These disparities appeared strongest for the most-common conditions – meaning that Māori and Pacific peoples disproportionately shoulder an increased burden of these key conditions. We also observed that prevalence of these conditions emerged at earlier ages, meaning that Māori and Pacific peoples also experience a disproportionate impact of individual conditions on the quality and quantity of life. Finally, we observed strong disparities in the prevalence of conditions that may exacerbate the impact of COVID-19, such as chronic pulmonary, liver or renal disease. The substantial inequities we have presented here have been created and perpetuated by the social determinants of health, including institutionalised racism: thus solutions will require addressing these systemic issues as well as addressing inequities in individual-level care.

scholarly journals CASE NOTE: Illegal sales of alcohol and asset forfeiture

2016 ◽  
Author(s):  
Karabo Ngidi
Keyword(s):  
South Africa ◽  
Organised Crime ◽  
Case Note ◽  
Constitutional Court ◽  
High Court ◽  
Legal Limit ◽  
Asset Forfeiture ◽  
National Director ◽  
Business As Usual ◽  
The Impact

The Constitutional Court recently confirmed an order for the forfeiture of a house from which an unlawful shebeen had been run for years (Van der Burg and Another v National Director of Public Prosecutions).In deciding whether to confirm the order of the full bench of  the High Court, Justice van der Westhuizen, writing for a unanimous court, addressed the following questions: whether the house was an instrumentality of an offence; whether the illegal sale of alcohol is an organised crime; the proportionality of the crime to the forfeiture under the Prevention of Organised Crime Act 121 of 1998 (the POCA); as well as the impact of the forfeiture on the rights of the children that lived in the house. This judgment comes at a time where issues such as the proposal for the reduction of the legal limit of alcohol for drivers to 0%2 are topical, and seems to point to a tougher stance towards the sale and consumption of alcohol in South Africa. The judgment may therefore be seen as a warning that the illegal sale of alcohol and running of a shebeen will no longer be seen as business as usual in cases where the seller does not heed the call to desist such business.

scholarly journals BIM Education -Case New Zealand

10.29007/lcf3 ◽  
2018 ◽  
Author(s):  
Taija Puolitaival ◽  
Tina Booth ◽  
Ali Ghaffarianhoseini ◽  
Kenneth Park
Keyword(s):  
New Zealand ◽  
Longitudinal Research ◽  
National Curriculum ◽  
National Level ◽  
National Education ◽  
Study Approach ◽  
Architectural Engineering ◽  
Skill Gaps ◽  
Curriculum Guidelines ◽  
The Impact

This article is a first step in a longitudinal research in New Zealand context to identify what impact national education approaches have on uptake of BIM education in individual tertiary institutes. Although BIM and BIM education as research topics are on rise, there is limited research on national approaches and their impact on width and depth of BIM education and through that graduate capabilities and BIM adoption by the industry. Case study approach has been selected to investigate first the challenges encountered by the tertiary institutes, how these can be addressed at national level and in later stages what the impact has been to the width and depth of BIM education and graduate outcomes. Only a limited number of countries such as UK have introduced national approaches to BIM education. In New Zealand National BIM Education Working Group (NBEWG) was established in December 2014. The group has representatives from seven tertiary institutes who have strong interest in including BIM as part of their programmes. NBEWG promotes integration of BIM into all architectural, engineering and construction programmes in New Zealand by providing national curriculum guidelines and guidance in adopting BIM curriculum. A survey was conducted among the institutes to identify the key challenges encountered in BIM integration. Among these were knowledge and skill gaps among faculty, crowded curricula, and limited time for development work.

scholarly journals Impact of Government Expenditure on Agricultural Productivity in South Africa

2019 ◽  
pp. 1734-1742
Author(s):  
Megbowon Ebenezer ◽  
Saul Ngarava ◽  
Nsikak-Abasi Etim ◽  
Oluwabunmi Popoola
Keyword(s):  
South Africa ◽  
National Level ◽  
Government Expenditure ◽  
Agricultural Productivity ◽  
Government Funding ◽  
Series Data ◽  
Agricultural System ◽  
Long Run ◽  
The Impact

Government expenditure has been considered to be having an extent of impact on economic performance at both sectoral level and aggregate national level. Evidence from literature, however shows that this notion has not been generally accepted across countries and sectors. Considering the significance of agriculture in an economy most especially in Africa, and the consequent role of government, this study examines the impact of government expenditure on agricultural productivity in South Africa using annual time series data from 1983 to 2016. It is shown that there exists a long-run relationship between government expenditure on agriculture and agricultural productivity, and a positive significant effect only to be expected in the long-run. The finding underscores the non-negotiable role of the South African government funding of agricultural sector in an era of climate change and a highly commercialized agricultural system. Furthermore, considering the low and declining pattern of government expenditure in the sector in South Africa, the desired productivity growth impact will only be experienced in the long-run all things being equal. Improving government funding in the sector could accelerate the desired agricultural productivity in the short-term.

scholarly journals Looking Up to the Stars. A Call for Action to Save New Zealand’s Dark Skies for Future Generations to Come

2021 ◽  
Vol 13 (23) ◽  
pp. 13472
Author(s):  
Karolina M. Zielinska-Dabkowska ◽  
Kyra Xavia
Keyword(s):  
New Zealand ◽  
New Technologies ◽  
Action Plan ◽  
Outer Space ◽  
Rapid Development ◽  
National Level ◽  
Light Pollution ◽  
Night Time ◽  
Night Sky ◽  
The Impact

The rapid development of technology coupled with humanity’s desire to reach beyond terra firma, has resulted in more than 60 years of Outer Space activities. Although the exploration of space has provided many advantages and benefits to society so far, including vast, new information that has greatly added to our understanding of our planet and beyond, unfortunately, mankind’s footprint has negative aspects that need to be minimised as much as possible. In recent decades, a major worldwide problem has emerged in regard to the significant increase in light pollution from ground-based illuminations, as well as a lack of proper regulatory frameworks to mitigate the issue in order to protect the night sky and astronomical research. More recently, due to the escalating demand of air space for microsatellites and the rapid development of these new space technologies, as well as unmanned aerial vehicles (UAV), a new problem has arisen connected to visual light pollution (VLP). New Zealand has been especially affected, as, because of its dark skies, it has the third highest number of astronomical observatories in the world. The aim of this research is to identify critical areas for broader investigation; an action plan to improve the impact of new technologies is urgently required, not only at a national level but also worldwide. This is crucial in order to preserve humanity’s right to access the night sky and to also enable continual professional and amateur night-time observations for the present and the future, as well as for New Zealand to become a Dark Sky Nation.

scholarly journals PROTECTING THE VULNERABLE IN SOUTH AFRICA: PROHIBITION OF CORPORAL PUNISHMENT IN THE PRIVATE SPHERE

Obiter ◽  
2021 ◽  
Vol 42 (3) ◽  
Author(s):  
Lizelle Ramaccio Calvino
Keyword(s):  
South Africa ◽  
Corporal Punishment ◽  
Common Law ◽  
Physical Punishment ◽  
Regulatory Framework ◽  
Private Sphere ◽  
Constitutional Court ◽  
Court Ruling ◽  
Legislative Framework ◽  
The Common

On 18 September 2019, the Constitutional Court confirmed that the common-law defence of “reasonable and moderate chastisement” is unconstitutional as it unjustifiably violates sections 10 and 12(1)(c) of the Constitution of the Republic of South Africa, 1996. As a result, parents are no longer permitted to punish their child at home by way of inflicting physical punishment behind a facade of discipline. Despite the aforesaid, it should be noted that corporal punishment in the private sphere is not explicitly prohibited by South African legislation. In addition, South Africa’s legislative system lacks an appropriate regulatory framework to administer the anticipated proliferation of assault cases against parents. It is against this backdrop that this article first analyses the current legislative framework regulating the protection of children from physical punishment, and then follows with a succinct overview of the Constitutional Court ruling. The article assesses whether the mere repeal of the common-law defence of “reasonable and moderate” chastisement will be sufficient to eradicate corporal punishment in the private sphere, and if not, whether legislative prohibition and/or other interceding strategies will be required to give effect to the objective of the Constitutional Court ruling. In this regard, by way of comparative research, the legislative framework adopted by Sweden, being the first country in the world to prohibit all forms of corporate punishment of children is evaluated. Lastly, recommendations are made for the incorporation of practical steps, including possible legislative measures, to establish a regulatory framework from a children’s rights perspective to prohibit corporal punishment in the private sphere. Accordingly, for purposes of analysis and consideration, a qualitative approach is applied for purposes of the research. Primary sources such as the Constitution, case law, legislation, governmental documents, statistical data and research reports are consulted in conjunction with journal articles and textbooks.

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