HISTORICAL LEGAL RIGHTS PERTAINING TO CHASTISEMENT OF CHILDREN BY THEIR PARENTS WITHIN THE JURISDICTION OF SOUTH AFRICA

You are working for an organisation that promotes children's rights. You have recently received many queries from parents about whether or not they are still allowed to chastise their children after the recent Constitutional Court judgment on the matter.

1. What is the historical development of the law pertaining to chastisement of children by their parents. Consider relevant constitutional rights that formed part of this debate and that was considered by the Constitutional Court in the abovementioned judgment.
2. Also give due consideration to case law and legislation as you set out to establish what the legal position was prior to the Constitutional Court judgment.
3. Also consider the impact of the judgment on existing legislation.