High Court Judgment pits Children's Rights Activists against Parents over Corporal Punishment.

The recent decision of the High Court of Zimbabwe which upheld the lawfulness of corporal punishment on minors by parents and guardians has brought to the fore the discussion on whether corporal punishment should be abolished. For some of us who were raised in a conservative Christian family, Proverbs 13:24 is a familiar verse in our hearts. It says ‘spare the rod and spoil the child’ and for people like us who constantly committed acts of misconduct whilst growing up, our parents made sure that the rod would pay regular visits on our buttocks, legs, hands, and thighs. Of course, there are instances where it went out of hand but l can gladly say the fear of the rod, kept me out of harm’s way.

The recent High Court judgment in State v Yeukai Graham Mutero HH178-23 has confirmed that corporal punishment or rather beating up children as a way of disciplining them by parents or guardians is legal. In this case, the accused who was the mother of the deceased administered corporal punishment on her child (aged 13 years) to discipline him for various misconducts. She used a broken fan belt and some mulberry sticks to beat up the deceased. She beat him on the thighs, legs, and buttocks. The next day, the child was pronounced dead.

During the week leading to his untimely and unfortunate death, the deceased had complained of having been assaulted by various persons in the head. The post-mortem report concluded that the death was caused by injuries to the head. Justice Mutevedzi held that the State failed to prove that the accused intended to kill the deceased or should have realized that death was likely to occur. This was so because the weapons used were not harmful given their length, weight, and total effect on the body. In any event, the post-mortem stated that the death had been caused by head injuries yet the evidence showed that the deceased had only been beaten on the thighs, legs, and buttocks. The judgment has drawn mixed reactions from the public on social media. Some children’s rights activists feel that corporal punishment should not be permitted at all even by parents.

It must be remembered that a few years ago, the Constitutional Court in State v Williard Chokuramba CCZ 10/19 declared corporal punishment on juvenile offenders to be unconstitutional. This is to say the beating of minor children who have been convicted as a form of punishment or corrective discipline. Following that, the High Court also declared corporal punishment of students by school teachers to be unconstitutional as well. However corporal punishment of minors by parents and guardians remains permissible and legal if it is done in moderation. Section 241 of the Criminal Law Code regulates this type of corporal punishment.

It is sad and deeply regrettable that the deceased lost his life under the circumstances but if anything the facts show that the beating was not the direct cause of the death. My respectful view is that this is an issue that needs raising more awareness to enable parents to adopt moderate and safe ways of disciplining their wayward children. This will strike a balance between protecting children’s rights and at the same time, allowing parents to take corrective measures to discipline wayward children of misconduct. Admittedly, there are other ways of disciplining children other than corporal punishment which may be more effective, and parents should be exposed to these and encouraged to use them.

The pertinent question, therefore, is “how” can we raise awareness to promote the best, safe and most effective methods of disciplining wayward children? I invite you to reflect!

Lincoln Majogo is a registered legal practitioner, notary public, and conveyancer. He writes in his personal capacity.