Abolition of Corporal Punishment Act

1. Any law which authorises corporal punishment by a court of law, including a court of traditional leaders, is hereby repealed to the extent that it authorises such punishment. 5 Amendment or repeal of laws

2. The laws mentioned in the Schedule are hereby amended or repealed to the extent indicated in the third column thereof. Short title

3. This Act shall be called the Abolition of Corporal Punishment Act, 1997. 10 4 No. 18256 GOVERNMENT GAZETTE. 5 SEPTEMBER 1997 Act No. 33, 1997 ABOLITION OF CORPORAL PUNISHMENT ACT, 1997 SCHEDULE (Laws amended or repealed by section 2) No. and year of law Short title Extent of amendment or repeal %ct No. 38 of 1927 Black Adminls[rattrrn Act. 1927 \ct No. 32 of 1944 .Mag]$[ra[es’ Cour[s Act. 1944 Amendmen[ of section 20 by the subs[itcrtion for [he proviso to subsection (2) of Lhe following proviso: “’Provided that in the exercise of the jurisdiction conferred upon hlm or her under subsec- tion ( I ) :1 chief. headman or chief’~ deputj ma} ncr[ Inllic[ an> punishmen( invol\ in: death. mu[ilm(on. grlevmrs bodilj harm or impnsonmen[ or impose a fine in excess of [twenty pounds] R 100 or IWO head of large stock or ten head of small stock or impose corpci- ral punishment [save in the case of unmarried males be- low the apparent age of thirt~ years].”. Amendment of sec[ion 92 b)’ [he deletlmr of paragraph (t) of sub- section (1 ). kt No. 3 of 1957 W’i[chcraf[ Suppression ACL, 1957 Amendment of section I bj the substitution for paragraphs ( i ) and (ii ) of the following paragraphs. respectively: “(i ) jr? the case of an offence referred to in paragraph (a) or (h) in consequence of which the person in respect of whom such offence was committed. has been Mled. or where the accused has been proved to be by habit or repute a witchckrctm or witch-finder. to imprison- ment for a period no[ exceeding 20 years [or to a whipping not ex- ceeding ten strokes or to both such imprison- ment and such whip- ping]: 6 No. 18256 GOVERNMENT GAZETTE, 5 SEPTEMBER 1997 Act No. 33, 1997 ABOLITION OF CORPORAL PUNISHMENT ACT, 1997 No. and year of law Short title Extent of amendment or repeal !ct No. 57 of’ 1959 Stock Theft Act. 1959 \ct No. 71 of 1962 Animals Protection Act, 1962 ct No. 71 of 1968 D angerous Weapons Act. 1968 (ii) in the case of any other offence referred to in the said paragraphs, to [one or more of the following penalties, namely] a fine [not exceeding one thou- sand rand] or imprison- — ment for a period not ex- ceeding ten years [and a whipping not exceeding ten strokes];”. Amendment of section 13— (a) by the deletion of subpara- graphs (iii) and (iv) of para- graph (a); and (b) by the deletion of subpara- graphs (ii) and (iii) of para- graph (b). Amendment of section 2 by the substitution in subsection ( 1 ) for the words following upon para- graph (s) of the following words: — “shall, subject to the provisions of this Act and any other law, be guilty of an offence and li- able on conviction to a fine [not exceeding R4 000 or in default of payment] or to im- pnsonmen[ for a period not exceeding 12 months or to such imprisonment without the op- tion of a fine [or, where any such act or omission is of a wilftd and an aggravated na- ture, to a whipping not ex- ceeding six strokes or to both such a fine and such a whip- ping or to both such impris- onment without the option of a fine and such a whip- ping].”. Amendment of section 4 by the substitution for subsections ( 1 ) and (2) of the following subsec- tions. respectively: “(1 ) Whenever a person above the age of 18 years is convicted of an offence involv- ing violence to any other per- son and it has been proved that he or she killed or injured such 8 No. 18256 GOVERNMENT GAZE’ITE. 5 SEPTEMBER 1997 Act NO. 33, 1997 ABOLITION OF CORPORAL PUNISHMENT ACT. 1997 io. and year of law Short title ;xtent of amendment or repeal other person by using a danger- ous weapon or a firearm. hc or she shall. except when [the — ~dth sentence is imposed or] he or she is in terms of section 286 of [he Criminal Procedure ,4cI, 1977 (Act No. 51 of 1977), declared an hahmal criminal, notwithstanding an! d)ing to the contrq III any law con[aincd. be sentenced 10 im - priwrnmcnt for a pel-iod of not Ies$ than two years. and if he or she i~ m convicted by a magistrate’s cour~. nm exceed- ing clgh[ year$ [and may in addition to any such punish- ment be sentenced to a whip- ping not exceeding seven strokes]: Provided tha[ if the cour[ is of the opinion tha[ there are cucumstances which justify the imposition of a Iightcr sentence than the pun- ishment prescribed h! this sec- tion. i[ shall enter those cir- cumstances on the record of the proceedings and ma! thereupon impose such lighter sentence on the person so convlcred: Provided forther that in the case of a magistrate’s court [and without derogation from its powers to impose a whip- ping]. such hghter sentence shall not exceed a fine of [Rfl 000] R4fl 000 or imprison- ment for a period of two years. (2) Notwithstanding any- thing to the contrary in an> law cuntained. no person III respect ot whom the impcrsitlon of a sentence of irmpriswrmen( is compulsor> in [erms of subsec- tion ( 1). shall be dealt with under scctlon 290 [294] or 297 of the Criminal Procedure Act. 1977.”. ,mendment of section 24- I/ hy the substitution for para- graph ((t) of subsecuon ( I ) of [he following paragraph: “(<II any animal specified in Schedule 2. except an elephant. black rhinrrc- eros and while rhinoc- eros, shall be guilty of an otfence and hable on cOn\ictiOn m a fine of not less than R4 000 ,CI No. 57 of 1976 la[ional I%!is Acl. 1976 10 No. 18256 GOVERNMENT GAZETTE, 5 SEPf13MBER 1997 Act No. 33, 1997 ABOLITION OF CORPORAL PUNISHMENT ACT, 1997 No. and year of law Short titfe Extent of amendment or repeal and not more than R8 000 or, in default of payment of such fine, to imprisonment for a pe- riod of not less than one year and not more than two years or, if such person has been previ- ously convicted under this subsection or sub- section (2), he or she may be sentenced to such imprisonment without the option of a fine [and, if the court so convicting such per- stsn finds that the con- travention was wilful, it may on a first or subsequent conviction in addition to any fine or imprisonment to which such person may be sentenced, sen- tence such person to corporal punishment not exceeding seven strokes];”: (b) by the deletion in subsection (1) of subparagraph (M) of paragraph (b); (c) try the substitution for subsec- tion (2) of the following sub- section: “(2) Any person who con- travenes the provisions of paragraph (c) of subsection (1) of section 2 I with refer- ence to any animal not speci- fied in Schedule 2, or para- graph (J) of that subsection with reference to a veld fire, shall be guilty of an offence and liable on conviction to a fine of not less than RI 000 and not more than R6 000 or, in default of payment of such fine, to imprisonment for a period of not less than three months and not more than 18 months or, if such person has been previously convicted under this subsection or under subsection (1), to such im- prisonment without the option ]~ No. 18256 GOVERNMENT GAZETTE, 5 SEPTEMBER 1997 Act No. 33, 1997 ABOLITION OF CORPORAL PUNISHhIENT ACT. 1997 Wo. and year of law Short title Extent of amendment or repeal of a fine [and, if the court so convicting such person finds that the contravention was wilful, it may on a first or subsequent conviction, in addition to any fine or im- prisonment to which such person may be sentenced, sentence such person to cor- poral punishment not ex- ceeding seven strokes].”: and d) by the substitution for subsec- tions (5) and (6) of’ the fol- Iowlng subsections. rcspec- Iive]y: “(5 1,4ny person who con- tra~,enes the provisions of sec[ion 2 i ( 1 )(i/ with refer- ence to a tree or other plan[ specified in Schedule 3. shall be ~uilty of an offence and liable on conviction to a tine of’ not less than RI O(K) and no[ more than R6 000 or. m default of payment of such fine. to imprisonment for a perjod of no[ less than three months and not more than 18 months or, if such person has been previously convicted under this subsection or sub- section (6). be or she may be sentenced to such imprison- ment without the option of a fine [and, if the court so convicting such person finds that the contravention was wilful, it may on a first or subsequent conviction in addition to any fine or im- prisonment to which such person may be sentenced, sentence such person to cor- poral punishment not ex- ceeding seven strokes]. (6) Any person who contra- venes the pro~, isions of sec- tion 21 ( 1 )(i) with reference to a tree or o t h e r plant not speci- fied in Schedule 3. shall be guilty of an offence and liable on coni,lction to a line of not less than R300 and not more than R I 500 or, in default of payment of such tine. to im- prisonmerrr for a period of no[ 14 No. 18256 GOVERNMENT GAZETTE, 5 SEPTEMBER 1997 Act No. 33, 1997 ABOLITION OF CORPOFL4L PUNISHMENT ACT, 1997 No. and year of law Short title Extent of amendment or repeal \ct No. 5 I of 1977 hminal Procedure Act, 1977 less than one month and not more than four months or, if such person has been previ- ously convicted under this subsection or subsection (5), to such imprisonment without the option of a fine [and, if the court so convicting such person finds that the contra- vention was wilfsd, it may on a first or subsequent con- viction in addition to any fine or imprisonment to which such person may be sentenced, sentence such person to corporal punish- ment not exceeding seven strokes].”. Amendment of section 1 I 2 by the substitution for para- graphs (a) and (b) of subsec- tion ( 1 ) of the following para- graphs, respectively: “(a) [the presiding judge may, if he is of the opinion that the of- fence does not merit the sentence of death, or] the presiding judge, regional magistrate or magistrate may, if he or— she is of the opinion — that the offence does not merit punishment of imprisonment or any other form of detention without the option of a fine [or of a whipping] or of a fine exceeding the amount determined by the Minister from time to time by notice in the Gazette, convict the accused in respect of the offence to which he or she has pleaded guilty on his or her plea of guilty only and— (i) impose any compe- tent sentence, other than [the sentence of death or] im- prisonment or any other form of de- tention without the 16 No. 18256 GOVERNMENT GAZETTE. 5 SEPTEMBER 1997 Act No. 33, 1997 ABOLITION OF CORPORAL PUNISHMENT ACT. 1997 No. and year of law Short title Extent of amendment or repeal (h) option of’ a fine [or a whipping] or a fine exceeding the amoum determined by the Minlswr from [inle to linle by noucc m the Ga:cwe: or (ii) deal widl the ac- cused otherwmc in accordance with law: [the presiding judge shall, if he is of the opinion that the of- fence merits the sen- tence of death, or] the presiding Iudge. rc- g,~n~l nlagis[ra[e o,- nlagistrate ihall, if he or she is of [he opinion — thzi[ the offence mcri[s pumshnlen\ of Imprisnn. rncn~ or an> othe!- form of detention w i[hou[ the option of a fine [or of a whipping] 01- of a fine exceeding the amount dewrrnined by the Mu- islel- from Ilme [0 ume h) nolice In the Ga~cI/e, or If requcs[ed there[n h~ [he prosecutor. ques- Lion the accuied wl[h reference to the alleged t’ac[s of [hc case in or- der [o ascer~alrr whether he or she admi[s the aliegauorts in [he charge (o which he or she has pleaded guilt~. and may, if sausfied tha[ the ac- cused is gu]l[y of [he offcnce to which hc UI’— shc has pleaded guilt). . convict [he accused on hls or her plea of guilty of that offence and inl- pose an! competen[ sentence [Provided thal the sentence of death shall not be imposed unless the guilt of the accused has been proved as if he had pleaded not guilty].”. 18 No. 18256 GOVERNMENT GAZETTE, 5 SEPTEMBER 1997 Act No. 33.1997 ABOLITION OF CORPORAL PUNISHMENT ACT, 1997 No. and year of law Short title Extent of amendment or repeal (b) Amendment of section 276 by the deletion of paragraph (g) of subsection (1). (c) Amendment of section 290 by the substitution for subsection (2) of the following subsec- tion: “(2) Any court which sen- tences a person under the age of 18 years to a fine [or a whipping] may, in addition to imposing such punishment, deal with him or her in terms of paragraph (a), (b), (c) or (d) of subsection (I ).”. (d) Repeal of sections 292, 293, 294 and 295. (c) Amendment of section 302 by the deleoon in subsection ( I ) of subparagraph (iii) of para- graph (a). (~) Repeal of section 308. (,s) Amendment of section 309 by the substitution for para- graph (b) of subsection (4) of the following paragraph: ‘“(b) sections 307 [308] and 308A shall mssums mutanch apply with reference to the sen- tence appealed against [including a sentence of a whipping imposed under section 294].”. (h) Amendment of section 321 by the deletion of paragraph (a) of subsection ( 1).