[Updated] High Court issues order outlawing beating of children at home and in schools

Today (Tuesday) High Court judge Justice David Mangota issued an order outlawing the beating of children by anyone. The order bans corporal punishment both at homes and at schools.  Justice Mangota also declared that  Section 69 (2) (c) of the Education Act which permits corporal punishment is unconstitutional. The  judge will provide a written and detailed judgment giving reasons for his decision. However, the matter will be sent to the Constitutional Court for confirmation.

This follows a lawsuit which was filed against a Belvedere Primary School in Harare for allegedly grievously assaulting a grade one pupil with a thick rubber pipe. The child’s parent, Mrs Linah Pfungwa,  cited Minister of Primary and Secondary Education  Lazarus Dokora and Emmerson Mnangagwa the Justice, Legal and Parliamentary Affairs Minister as respondents. The parent was represented by Tendai Biti.  Justice for Children Trust also filed a supporting affidavit.

The lawsuit was seeking an order declaring corporal punishment administered in schools and by parents in the homes or anyone else unconstitutional.

In 2015, the Constitutional Court suspended a High Court order and ruled that the beating of children as a disciplinary measure was permissible. The Constitutional Court said that the High Court judgement which outlawed canning of juveniles, only applied to judicial canning, although it ruled that magistrates could resume corporal punishment on juvenile offenders, while the case awaited hearing.