LME3701 Assignment 02 Final 2021.

THE HISTORICAL DEVELOPMENTS OF THE SOUTH AFRICAN JURISPRUDENCE ON THE CHASTISEMENT OF CHILDREN BY NKULULEKO SHABALALA (1089) Submitted in partial fulfilment of the requirements for the degree LLB In the SCHOOL OF LAW UNIVERSITY OF SOUTH AFRICA SUPERVISOR: PROFESSOR JJ KORTJAS (PORTFOLIO/ASSIGNMENT 03) This study source was downloaded by from CourseH on :00:45 GMT -06:00 2 | P a g e ACADEMIC HONESTY 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 the prescribed 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 submit it as my own. NAME: Nkululeko Shabalala STUDENT NUMBER: MODULE CODE: LME3701 DATE: 31 July 2021 This study source was downloaded by from CourseH on :00:45 GMT -06:00 3 | P a g e Contents INTRODUCTION........................................................................................................ 4 PROBLEM STATEMENT........................................................................................... 4 HYPOTHESIS............................................................................................................ 4 POINT OF DEPARTURE AND ASSUMPTIONS........................................................ 4 CONCEPTUALISATION OF CENTRAL RESEARCH THEMES ................................ 5 CHAPTER OUTLAY................................................................................................... 5 TIME SCALE.............................................................................................................. 6 RESEARCH METHOD............................................................................................... 7 PREPARATOR STUDY ............................................................................................. 7 CONCLUSION ........................................................................................................... 7 BIBLIOGRAPHY ........................................................................................................ 7 This study source was downloaded by from CourseH on :00:45 GMT -06:00 4 | P a g e INTRODUCTION This research investigates the field of South African common law. The research focuses specifically of the historical developments of the South African common law jurisprudence on the chastisement of children by their parents. The research has a particular interest on the Constitutional Court’s development of the common law pertaining to the chastisement of children by their parents. PROBLEM STATEMENT The purpose of this research is to critically investigate the historical developments of the South African common law jurisprudence on the chastisement of children by their parents. This exercise will constitute an examination of the foundations of the common law defence of ‘reasonable and moderate chastisement of children by parents’. Furthermore, it will equally constitute of the examination of the subsequent developments of the law and leading to the recent Constitutional Court development. HYPOTHESIS It is my conviction, at this point, that foundations of the common law notion of chastisement of children, was informed to a large extent, if not entirely, by the dominance of religion in the past. Furthermore, the move from a religion-dominated society and laws based on the same, informed early developments of this common law field. Lastly, the ideals of human dignity enshrined in our constitution informed the recent Constitutional Court development. POINT OF DEPARTURE AND ASSUMPTIONS This research’s explicit and strict aim is to investigate the historical developments on the South African common law jurisprudence on the chastisement of children by their parents. This research is carried out under the following assumptions: 1. South Africa is a constitutional democratic State. 2. Roman-Dutch law is part of our legal heritage. 3. The courts have authority to develop common to align it with the Constitution.