Article
February 13, 2018

FOR SA Defends Parental Rights Before the Constitutional Court

Union Buildings Pretoria

FOR SA filed for leave to appeal in the Constitutional Court, against the High Court’s judgment which removed the historic common law defence of “moderate and reasonable chastisement”. This means that if you give your child even the lightest slap on the wrist, you can be charged with assault and – if convicted – will at the very least have a life-long criminal record for child abuse. While FOR SA is utterly opposed to any form of violence against children, we see a clear distinction between violence against children and the loving, mild and moderate discipline of a parent for what he/she believes is in their child’s best interests. We further believe that more “tools” are needed to enable parents to raise their children, not fewer.In every opinion poll conducted on this issue, over 80% of parents have agreed with this position. We therefore believe that the judgment was a case of “judicial overreach”, and that something which affects millions of South Africans should be dealt with by a more inclusive Parliamentary process, than with the stroke of a judge’s pen. We also believe that it is a concerning erosion of parental rights, which is definitely a negative trend globally and which is starting to take root in South Africa. We need more than supportive opinion polls to challenge this judgment in the Constitutional Court, where the costs for hearing this case could easily top a million Rand. We are therefore asking for you to do two things – sign the petition and/or make a donation so we can field the best team and defence in this landmark case.

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