LME3701 (PORTFOLIO/ASSIGNMENT 02) 2021

The historical development of the law pertaining to chastisement of children by their parents. By Leonard Khotso Tau () Submitted in partial fulfilment of the requirements for the degree. LLB In the SCHOOL OF LAW UNIVERSITY OF SOUTH AFRICA SUPERVISOR: Prof L Pienaar (PORTFOLIO/ASSIGNMENT 02) 2021 2 ACADEMIC HONESTY DECLARATION Declaration: 1. I understand what academic dishonesty entails and am aware of Unisa’s policies in this regard. 2. I declare that this assignment is my own, original work. Where I have used someone else’s work, I have indicated this by using the prescribed style of referencing. Every contribution to, and quotation in, this assignment from the work or works of other people has been referenced according to this style. 3. I have not allowed, and will not allow anyone to copy my work with the intention of passing it off as his or her own work. 4. I did not make use of another student’s work and submitted it as my own. NAME: Leonard Khotso Tau SIGNATURE: LK. Tau STUDENT NUMBER: MODULE CODE: LME3701 DATE: 15 July 2021 3 Table of Contents 1. INTRODUCTION 4 2. PROBLEM STATEMENT 5 3. HYPOTHESIS 6 4. POINTS OF DEPARTURE AND ASSUMPTIONS 6 5. CONCEPTUALISATION OF CENTRAL RESEARCH THEMES 7 5.1. parents’ right of reasonable and moderate chastisement 7 5.2. corporal punishment in schools 7 5.3. alternative care 7 5.4. constitutionalism 7 5.5. justice system 8 6. PROPOSED CHAPTER OUT LAY 8 7. PROJECTED TIMEFRAME 8 8. DESCRIPTION OF RESEARCH METHODOLOGY 8 4 9. 1. INTRODUCTION. Many parents contend that they bear the primary duty to lovingly raise their children in terms of their religious, cultural and other “non-harmful” beliefs, which entail the administration of moderate and reasonable chastisement, without being exposed to the risk of criminal charges or a criminal record.1