Freedom of Religion South Africa v Minister of Justice and Constitutional Development and Others (Global Initiative to end all Corporal Punishment of Children, Dullah Omar Institute for Constitutional Law Governance and Human Rights, and Parent Centre as Amici Curiae)

Case Number:
CCT320/17
Citations:
[2019] ZACC 34
Citations:
2019 (11) BCLR 1321 (CC)
Citations:
2020 (1) SA 1 (CC)
Citations:
2020 (1) SACR 113 (CC)
Judge:
Mogoeng CJ
Hearing Date:
29 November 2018
Judgment Date:
18 September 2019
Case History:
Application for standing and leave to appeal against a judgment and order of the Johannesburg High Court, declaring the common law defence of moderate and reasonable chastisement constitutionally invalid: YG v S (A263/2016) [2017] ZAGPJHC 290; 2018 (1) SACR 64 (GJ) (19 October 2017).
Synopsis:
minor — assault with intent to do grievous bodily harm — common law defence of reasonable and moderate chastisement — best interests of the child — defence inconsistent with sections 10 and 12(1)(c) of the Constitution — amicus curiae leave to intervene — application for leave to appeal
Judgment:
Full judgment

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