Abolition of Corporal Punishment Act [No. 33 of 1997]
REPUBLIC OF SOUTH AFRICA
GOVERNMENT GAZETTE
STAATSKOERANT “’
VAN DIE REPUBLIEK VAN SUID-AFRIKA
CAPE TOWN. 5 SEPTEMBER 1997 VOL 387 No. 18256
K.AAPSTAD. 5 SEPTEMBER 1997
1 OFFICE OF THE PRESIDENT
NCJ. 1164. 5 September 1997 ~
It is hereby notified that the President has assented to the following Act which is hereby published for general information:—
No. 33 of 1997: Abolition of Corporal Punishment Act. 1997.
KANTOOR VAN DIE PRESIDENT
No. I 164. 5 Sep[ember 1997
Hierby w o r d bekend gemaak da t d i e P re s iden t Sy goedkeuring geheg het aan die onderstaande Wet wat hierby ter algemene inligting gepubliseer word:—
No. 33 van 1997: Wet op die Atkkdling van Lyfstraf. 1997.
~ No. 18256 GOVERNMENT GAZETTE, 5 SEPTEMBER 1997
Act No. 33, 1997 ABOLITION OF CORPORAL PUNISHMENT ACT. 1997
GENERAL EXPLANATORY NOTE:
[ 1 Words in bold type in square brackets indicate omissions from existing enactments.
Words underlined with a solid line indicate insertions in existing enactments.
ACT To provide for the abolishment of corporal punishment authorised in legislation; and to provide for matters connected therewith.
(English text signed by the President.) (Assented to 28 August 1997. )
BE IT ENACTED by the Parliament of the Republic of South Africa, asfollows:— Abolition of corporal punishment
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 Any law which authorises corporal punishment by a court of law, including a court of traditional leaders, is hereby repealed to the extent that it authorises such punishment.
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 The laws mentioned in the Schedule are hereby amended or repealed to the extent indicated in the third column thereof.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
5
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(Laws amended or repealed by section 2)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 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].”.
\ct No. 32 of 1944 .Mag]$[ra[es’ Cour[s Act. 1944 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
(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];”.
!ct No. 57 of’ 1959 Stock Theft Act. 1959 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).
\ct No. 71 of 1962 Animals Protection Act, 1962 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].”.
ct No. 71 of 1968 D angerous Weapons Act. 1968 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
,CI No. 57 of 1976
Short title
la[ional I%!is Acl. 1976
;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:
“( 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).