News / National
Zimbabwe Constitutional Court lifts ban on caning
18 Jun 2015 at 06:53hrs | Views
THE Constitutional Court has provisionally set aside a High Court order outlawing caning of juveniles as a form of punishment.
Chief Justice Godfrey Chidyausiku said while the case awaited hearing by the nine-member bench, magistrates could impose corporal punishment on juvenile offenders.
The landmark case is also expected to determine whether or not parents are allowed at law to beat up their naughty children. It will also settle the matter of whether or not teachers are allowed at law to discipline pupils through some beating.
The Chief Justice and nine other judges yesterday deferred the constitutional challenge after realising that all the parties involved in the case were pushing for imposition of corporal punishment on children.
In constitutional matters of that nature, the Chief Justice said, there was need for the court to at least hear some opposing argument before making a proper decision.
"The court observes from submissions made by all the parties that there is an agreement. The court will be happier if it will hear some opposing views before making a determination. The matter is postponed sine die (indefinitely)," the Chief Justice said.
"For the avoidance of doubt and for the guidance of the subordinate courts, the order of Justice (Esther) Muremba is suspended.
"The law remains as it was before the issuance of the High Court order."
Harare lawyer and politician Tendai Biti, who was in the same court for a different matter, volunteered to file opposing arguments protecting children from assault.
Justice Muremba earlier this year ruled that corporal punishment was unconstitutional and had no place in the country's statutes because it was inhuman and degrading.
Justice Muremba ruled against sentencing under-age offenders to strokes of the cane while upholding the conviction of a 15-year-old boy of rape.
The Constitutional Court has invited Advocate Thabani Mpofu to assist with arguments as a friend of the court (amicus curiae). Adv Mpofu said caning of children whether in school, home or at court, was for the good of the children.
Chief Justice Godfrey Chidyausiku said while the case awaited hearing by the nine-member bench, magistrates could impose corporal punishment on juvenile offenders.
The landmark case is also expected to determine whether or not parents are allowed at law to beat up their naughty children. It will also settle the matter of whether or not teachers are allowed at law to discipline pupils through some beating.
The Chief Justice and nine other judges yesterday deferred the constitutional challenge after realising that all the parties involved in the case were pushing for imposition of corporal punishment on children.
In constitutional matters of that nature, the Chief Justice said, there was need for the court to at least hear some opposing argument before making a proper decision.
"The court observes from submissions made by all the parties that there is an agreement. The court will be happier if it will hear some opposing views before making a determination. The matter is postponed sine die (indefinitely)," the Chief Justice said.
"For the avoidance of doubt and for the guidance of the subordinate courts, the order of Justice (Esther) Muremba is suspended.
"The law remains as it was before the issuance of the High Court order."
Harare lawyer and politician Tendai Biti, who was in the same court for a different matter, volunteered to file opposing arguments protecting children from assault.
Justice Muremba earlier this year ruled that corporal punishment was unconstitutional and had no place in the country's statutes because it was inhuman and degrading.
Justice Muremba ruled against sentencing under-age offenders to strokes of the cane while upholding the conviction of a 15-year-old boy of rape.
The Constitutional Court has invited Advocate Thabani Mpofu to assist with arguments as a friend of the court (amicus curiae). Adv Mpofu said caning of children whether in school, home or at court, was for the good of the children.
Source - chronicle
