News / National
Corporal punishment, canning of children outlawed
16 Jan 2015 at 20:50hrs | Views
The High Court has declared corporal punishment or canning of children unconstitutional.
This follows a judgement in a review case by Justice Ester Muremba in a case where by a juvenile had been sentenced to receive moderate corporal punishment of three strokes after being convicted of rape.
In a landmark ruling passed by the High Court, canning or corporal punishment on children was declared unconstitutional.
In a review judgement, Justice Muremba declared section 353 Sub-section One of the Criminal Procedure and Evidence Act Chapter 907 invalid in terms of Section 167 Sub-section 3 and Section 175 Sub-section One of the new constitution.
Justice Muremba said Section 53 outlaws the infliction of corporal punishment by their parents or guardians.
Under the old constitution, the same people were allowed to impose moderate corporal punishment while the court was allowed to do the same to convicted juveniles when necessary.
Justice Muremba noted that what is important when punishing juveniles is to have the child rehabilitated back into the society and family.
She said the court may desist from imposing a sentence but refer the matter to the children's court or to send the child to a rehabilitation centre.
In her judgement, she noted the economic challenges facing the country which makes funding of the few existing rehabilitation institutions for children difficult and recommended that a court can impose a wholly suspended sentence or should not pass sentence.
The matter will be finalised by the Constitutional Court and the High Court judge recommended that the review be placed before the Prosecutor General who would apply to the Constitutional Court for confirmation.
This follows a judgement in a review case by Justice Ester Muremba in a case where by a juvenile had been sentenced to receive moderate corporal punishment of three strokes after being convicted of rape.
In a landmark ruling passed by the High Court, canning or corporal punishment on children was declared unconstitutional.
In a review judgement, Justice Muremba declared section 353 Sub-section One of the Criminal Procedure and Evidence Act Chapter 907 invalid in terms of Section 167 Sub-section 3 and Section 175 Sub-section One of the new constitution.
Justice Muremba said Section 53 outlaws the infliction of corporal punishment by their parents or guardians.
Under the old constitution, the same people were allowed to impose moderate corporal punishment while the court was allowed to do the same to convicted juveniles when necessary.
Justice Muremba noted that what is important when punishing juveniles is to have the child rehabilitated back into the society and family.
She said the court may desist from imposing a sentence but refer the matter to the children's court or to send the child to a rehabilitation centre.
In her judgement, she noted the economic challenges facing the country which makes funding of the few existing rehabilitation institutions for children difficult and recommended that a court can impose a wholly suspended sentence or should not pass sentence.
The matter will be finalised by the Constitutional Court and the High Court judge recommended that the review be placed before the Prosecutor General who would apply to the Constitutional Court for confirmation.
Source - zbc
