Ex parte: Attorney-General In Re: Corporal Punishment by Organs of State (SA 14 of 1990) [1991] NASC 2 (5 April 1991)

Ex parte: Attorney-General In Re: Corporal Punishment by Organs of State (SA 14 of 1990) [1991] NASC 2 (5 April 1991)

Corporal punishment, whether imposed by judicial, quasi-judicial, administrative organs of state, or in government schools, constitutes inhuman or degrading punishment and is in conflict with Article 8(2)(b) of the Namibian Constitution. This applies to adults, juveniles, and students, as the practice invades human dignity, is open to abuse, and is inconsistent with constitutional values. No statutory or procedural safeguards can cure its inherent unconstitutionality.

Citation
[1991] NASC 2
Parties
Applicant: Attorney-General
Court
Supreme Court
Jurisdiction
Namibia
Judgment Date
5 April 1991
Case Number
SA 14 of 1990
Procedural Posture
Constitutional Reference / Judgment
Outcome
Corporal punishment by or on the authority of any organ of state is declared unconstitutional and unlawful.
Legal Topics
Corporal Punishment, Dignity, Cruel, Inhuman or Degrading Treatment, Children's Rights, Equality and Non Discrimination
Source Language
English
Constitutional Law Human Rights Law Criminal Law Education Law Corporal Punishment Dignity Cruel, Inhuman or Degrading Treatment Children's Rights +1 more

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Parties

Attorney-General

Applicant

Procedural Posture

Constitutional Reference / Judgment

Legal Issues

  1. 1 Whether the imposition and infliction of corporal punishment by or on the authority of any organ of state is in conflict with Chapter 3 of the Namibian Constitution, specifically Article 8
  2. 2 Whether corporal punishment is unconstitutional when imposed on adults, juveniles, or students in government schools

Ratio Decidendi

Corporal punishment, whether imposed by judicial, quasi-judicial, administrative organs of state, or in government schools, constitutes inhuman or degrading punishment and is in conflict with Article 8(2)(b) of the Namibian Constitution. This applies to adults, juveniles, and students, as the practice invades human dignity, is open to abuse, and is inconsistent with constitutional values. No statutory or procedural safeguards can cure its inherent unconstitutionality.

Court Disposition

Corporal punishment by or on the authority of any organ of state is declared unconstitutional and unlawful.

Orders

  • Any sentence by any judicial or quasi-judicial authority authorising or directing corporal punishment upon any person is unlawful and in conflict with Article 8 of the Namibian Constitution.
  • The infliction of corporal punishment in government schools pursuant to the existing code or any other direction by the Ministry of Education, Culture and Sport or any other organ of the Government is unconstitutional and unlawful and in conflict with Article 8 of the Namibian Constitution.