ConCourt Chastisement Judgment challenged to the African Commission

Chief Justice Mogoeng Mogoeng

Liberty Fighters Network (LFN), a voluntary association and front runner to pursue judicial reformation and social justice in South Africa, has formally lodged a complaint against the Republic of South Africa with the African Commission on Human and Peoples’ Rights (ACHPR) in Banjul, The Gambia to challenge the controversial judgment of criminalising the common law defence of reasonable and moderate chastisement by parents made by the Constitutional Court on Wednesday, 18 September 2019.

In a rather unfamiliar weakfish styled 29 page judgment where only the word “deity” was used once referring to God, Chief Justice Mogoeng Mogoeng, sitting with 10 other of his colleagues, stated that “It suffices to say that any form of violence, including reasonable and moderate chastisement, has always constituted a criminal act known as assault. The effect of relying on this common law defence was to exempt parents from prosecution or conviction. Identical conduct by a person other than a parent on the same child would otherwise constitute indefensible assault.

LFN lodged its complaint to the ACHPR in the interest of the public at large, after it claimed that the infamous judgment will lead to chaos in a country where the SA Police Services already don’t have the capacity to fight crime and corruption where cases of assault will have to be registered in the thousands soon when good parents will have to answer to him or her punishing his or her child with a good old spanking on the buttocks.

 “In a country where 86% of its citizens are Christians believing through the Bible that parents must punish their children, it is clearly evident that the Constitutional Court has totally discarded the will of the majority of our people whom the judges are supposed to serve and again made a totally bizarre ruling as we have become used to it doing lately”, says LFN President Reyno De Beer.

LFN beliefs that the Constitutional Court made a terrible mistake by not at least having put a suspensive condition on the implementation of this judgment, while most parents are not only used to giving their children a slap on the butt from time to time but is also legally ignorant thinking that they might still do it moderately but soon will find themselves handcuffed facing imprisonment and even their children taken away from them as the result of a complaint by a frivolous neighbour actually upset about a dog barking all the time.

De Beer further says that the Constitutional Court and other Courts in our country have lost touch with the people on the ground and have alleviated itself too high to a supremacy level where our people are governed today from the chambers of 13 judges instead of the Parliament Hall by our chosen 400 delegates.

For the Constitutional Court not to have used its wisdom to at least give Parliament a certain time to phase these drastic changes in or allow a Referendum to be called on this very important matter, was totally irresponsible and mirrors how the rich people think.

We also want to remind the ConCourt with this referral to the [ACHPR] that it is not the apex court of the people of South Africa it claims to be, but that as Africans we may challenge its rulings to the African Union structures which effectively makes our ConCourt merely an inferior tribunal to the eventual more superior African Court hoping that others who felt betrayed by it too will start following suit and confide more in the main legal authority on human rights issues on our continent, like the Public Protector should have done when the ConCourt sided with our highly corrupt banking sector,” De Beer strictly emphasized.

During a 2017 StatsSA survey it was found that 68.1% of biological fathers are not part of households in South Africa anymore, where there is a clear tendency to deprive men as the heads of their households which is key to the principles of Christianity and those other fathers still left will find it even more difficult to punish their children in a society where lawlessness is thriving and crime gotten totally out of hand. Not even speaking about the stepfather who will have to endure verbal torture by his step children and not able to do anything about it knowing that he is already an outcast in a house where discipline seem to have been legally ousted.

The ConCourt should have rather immediately outlawed alcohol and drug use and found positive changes in South Africa overnight, than having taken such an impulsive decision to outlaw chastisement by parents with a flick of their fingers where again only lawyers will benefit more from our oppressed masses by having to represent more good parents from being criminally prosecuted for having slapped their child on the hand to keep her from getting burned on the hotplate.

This makes us wonder how many of the ConCourt judges are currently parents or having to look after minor children themselves… Possessing the luxury of being paid extremely well for their “excellent” services as employees of the people on taxpayers’ expense, they are surely in a position to afford the best caregiving for their children or grandchildren not having to ever worry about whether such child is smoking or engaging in profanity deserving a good traditional hiding with a belt most of us were used to as children and even grew up quite well and appreciated that we were punished occasionally by our dads.

LFN is not new to have referred matters thrown out by the ConCourt to the ACHPR.

Earlier this year the ACHPR successfully seized a complaint it lodged during 2018 relating to alleged corruption within the country’s courts where it claimed that a criminal case implicating two judges of the High Court Gauteng Division, Pretoria was covered up by the National Prosecuting Authority and even brought to the attention of Mogoeng Mogoeng and him not interested to do anything about it either. Seemingly the recent claim of Mogoeng Mogoeng that he is not aware of any complaints of corruption against any judge could be found to be untrue…

The lodged complaint is available on the LFN website and anyone who would like to give support to this matter may contact it.