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Freedom Of Religion South Africa V Minister Of Justice And Constitutional Development
''Freedom of Religion South Africa v Minister of Justice and Constitutional Development and Others'' is a decision of the Constitutional Court of South Africa which found that corporal punishment in the home is illegal. The court found that the common law defence of "moderate and reasonable chastisement" is unconstitutional, so that parents are no longer exempt from prosecution or conviction for assault for striking their children. The unanimous judgment was written by Chief Justice Mogoeng Mogoeng and handed down on 18 September 2019. Reactions to the decision were mixed. Freedom of Religion South Africa, the Christian lobbying group which had been party to the case, described the decision as "dangerous" and "destructive". It was welcomed by children's rights groups including Save the Children South Africa and the Children's Institute at the University of Cape Town The University of Cape Town (UCT) ( af, Universiteit van Kaapstad, xh, Yunibesithi ya yaseKapa) is a publi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Court Of South Africa
The Constitutional Court of South Africa is a supreme court, supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the South African Interim Constitution, Interim Constitution of 1993, and its first session began in February 1995. It has continued in existence under the Constitution of South Africa, Constitution of 1996. The Court sits in the city of Johannesburg. After initially occupying commercial offices in Braamfontein, it now sits in a purpose-built complex on Constitution Hill, Johannesburg, Constitution Hill. The first court session in the new complex was held in February 2004. Originally the final appellate court for constitutional matters, since the enactment of the Seventeenth Amendment of the Constitution of South Africa, Seventeenth Amendment of the Constitution in 2013, the Constitutional Court has jurisdiction to hear ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Corporal Punishment In The Home
Physical or corporal punishment by a parent or other legal guardian is any act causing deliberate physical pain or discomfort to a minor child in response to some undesired behavior. It typically takes the form of spanking or slapping the child with an open hand or striking with an implement such as a belt, slipper, cane, hairbrush or paddle, hanger, and can also include shaking, pinching, forced ingestion of substances, or forcing children to stay in uncomfortable positions. Social acceptance of corporal punishment is high in countries where it remains lawful, particularly among more traditional groups. In many cultures, parents have historically been regarded as having the right, if not the duty, to physically punish misbehaving children in order to teach appropriate behavior. Researchers, on the other hand, point out that corporal punishment typically has the opposite effect, leading to more aggressive behavior in children and less long-term obedience. Other adverse effec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2019 In Case Law
Nineteen or 19 may refer to: * 19 (number), the natural number following 18 and preceding 20 * one of the years 19 BC, AD 19, 1919, 2019 Films * ''19'' (film), a 2001 Japanese film * ''Nineteen'' (film), a 1987 science fiction film Music * 19 (band), a Japanese pop music duo Albums * ''19'' (Adele album), 2008 * ''19'', a 2003 album by Alsou * ''19'', a 2006 album by Evan Yo * ''19'', a 2018 album by MHD * ''19'', one half of the double album ''63/19'' by Kool A.D. * ''Number Nineteen'', a 1971 album by American jazz pianist Mal Waldron * ''XIX'' (EP), a 2019 EP by 1the9 Songs * "19" (song), a 1985 song by British musician Paul Hardcastle. * "Nineteen", a song by Bad4Good from the 1992 album ''Refugee'' * "Nineteen", a song by Karma to Burn from the 2001 album ''Almost Heathen''. * "Nineteen" (song), a 2007 song by American singer Billy Ray Cyrus. * "Nineteen", a song by Tegan and Sara from the 2007 album '' The Con''. * "XIX" (song), a 2014 song by Slipknot. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2019 In South African Law
Nineteen or 19 may refer to: * 19 (number), the natural number following 18 and preceding 20 * one of the years 19 BC, AD 19, 1919, 2019 Films * ''19'' (film), a 2001 Japanese film * ''Nineteen'' (film), a 1987 science fiction film Music * 19 (band), a Japanese pop music duo Albums * ''19'' (Adele album), 2008 * ''19'', a 2003 album by Alsou * ''19'', a 2006 album by Evan Yo * ''19'', a 2018 album by MHD * ''19'', one half of the double album ''63/19'' by Kool A.D. * '' Number Nineteen'', a 1971 album by American jazz pianist Mal Waldron * ''XIX'' (EP), a 2019 EP by 1the9 Songs * "19" (song), a 1985 song by British musician Paul Hardcastle. * "Nineteen", a song by Bad4Good from the 1992 album ''Refugee'' * "Nineteen", a song by Karma to Burn from the 2001 album ''Almost Heathen''. * "Nineteen" (song), a 2007 song by American singer Billy Ray Cyrus. * "Nineteen", a song by Tegan and Sara from the 2007 album '' The Con''. * "XIX" (song), a 2014 song by Slipk ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Criminal Case Law
South is one of the cardinal directions or compass points. The direction is the opposite of north and is perpendicular to both east and west. Etymology The word ''south'' comes from Old English ''sūþ'', from earlier Proto-Germanic ''*sunþaz'' ("south"), possibly related to the same Proto-Indo-European root that the word ''sun'' derived from. Some languages describe south in the same way, from the fact that it is the direction of the sun at noon (in the Northern Hemisphere), like Latin meridies 'noon, south' (from medius 'middle' + dies 'day', cf English meridional), while others describe south as the right-hand side of the rising sun, like Biblical Hebrew תֵּימָן teiman 'south' from יָמִין yamin 'right', Aramaic תַּימנַא taymna from יָמִין yamin 'right' and Syriac ܬܰܝܡܢܳܐ taymna from ܝܰܡܝܺܢܳܐ yamina (hence the name of Yemen, the land to the south/right of the Levant). Navigation By convention, the ''bottom or down-facing side'' of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Court Of South Africa Cases
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a ''written constitution''; if they are encompassed in a single comprehensive document, it is said to embody a ''codified constitution''. The Constitution of the United Kingdom is a notable example of an ''uncodified constitution''; it is instead written in numerous fundamental Acts of a legislature, court cases or treaties. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Christian Education South Africa V Minister Of Education
''Christian Education South Africa v Minister of Education'' is an important case in South African law. It was heard in the Constitutional Court, by Chaskalson P, Langa DP, Goldstone J, Madala J, Mokgoro J, Ngcobo J, O'Regan J, Sachs J, Yacoob J and Cameron AJ, on 4 May 2000, with judgment handed down on 18 August. FG Richings SC (with him AM Achtzehn) appeared for the appellant, and MNS Sithole SC (with him BJ Pienaar) for the respondent. Facts The central question to be answered in the present appeal, from a decision in a Local Division, was whether, when Parliament enacted the South African Schools Act (wherein it prohibited corporal punishment in schools), it had violated the rights of parents of children at independent schools who, in line with their religious convictions, had consented to its use. The appellant averred that corporal correction was an integral part of the active Christian ethos which it sought to provide its learners and that the blanket prohibition of i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Department Of Social Development (South Africa)
The Department of Social Development (DSD) of South Africa is a South African Government, government department responsible for providing social development, protection, and welfare services to the public. Previously called the Department of Welfare, it was renamed in July 2000. The current Minister of Social Development (South Africa), Minister of Social Development is Lindiwe Zulu. The first Department was established in 1937, to regulate and subsidise existing private, non-governmental welfare services, while providing some additional services. The 1997 White Paper for Social Welfare noted that post-Apartheid South Africa had inherited social welfare programmes which were “not considered to be critical social investment priorities and were under-resourced”. The Department "endeavours to create a better life for the poor, vulnerable and excluded people in society". It is tasked with reducing poverty, promoting social integration, and creating conditions for sustainable livel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
University Of Cape Town
The University of Cape Town (UCT) ( af, Universiteit van Kaapstad, xh, Yunibesithi ya yaseKapa) is a public research university in Cape Town, South Africa. Established in 1829 as the South African College, it was granted full university status in 1918, making it the oldest university in South Africa and the oldest university in Sub-Saharan Africa in continuous operation. UCT is organised in 57 departments across six faculties offering bachelor's ( NQF 7) to doctoral degrees ( NQF 10) solely in the English language. Home to 30 000 students, it encompasses six campuses in the Capetonian suburbs of Rondebosch, Hiddingh, Observatory, Mowbray, and the Waterfront. Although UCT was founded by a private act of Parliament in 1918, the Statute of the University of Cape Town (issued in 2002 in terms of the Higher Education Act) sets out its structure and roles and places the Chancellor - currently, Dr Precious Moloi Motsepe - as the ceremonial figurehead and invests real leadership ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freedom Of Religion South Africa
Freedom of Religion South Africa (FOR SA) is a South African nonprofit fundamentalist Christian advocacy group. It was founded in 2014 by Andrew Selley, the lead pastor and founder of the Joshua Generation Church, after parents filed a complaint to the South African Human Rights Commission that alleged that Joshua Generation Church advocated for corporal punishment in the home. In ''Freedom of Religion South Africa v Minister of Justice and Constitutional Development'', FOR SA unsuccessfully opposed a ruling by the Johannesburg High Court that deemed corporal punishment to be assault. FOR SA is dedicated to "upholding the rights to religious freedom conferred by the South African Constitution, including parental rights and the autonomy of religious organisations to determine their own doctrines and regulate their own internal affairs free from interference by the State or anyone else". It has also advocated against the expansion of LGBT rights and opposed the implementation of co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutionality
Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When laws, procedures, or acts directly violate the constitution, they are unconstitutional. All others are considered constitutional unless the country in question has a mechanism for challenging laws as unconstitutional. Applicability An act or statute enacted as law either by a national legislature or by a subordinate-level legislature such as that of a state or province may be declared unconstitutional. However, governments do not only create laws but also enforce the laws set forth in the document defining the government, which is the constitution. When the proper court determines that a legislative act or law conflicts with the constitution, it finds that law unconstitutional and declares it void in whole or in part. Depending on th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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