This paper deals with the history of capital punishment in South Africa and its historical background in Britain where it was abolished, except for a few instances, because it was found to serve no purpose which could not be served by other forms of punishment. In South Africa, capital punishment is a legal punishment form. Prior to 1290, C(lpital punishment was mandatory for murder, except in a few exceptional cases. Its application was amended by the Criminal Procedure Amendment Act, 107 of 1990. In terms of this Act, capital punishment was made discretionary for all capital offences., The new provisions do not remove all arguments against capital punishment. Consequently this paper recommends that capital p~shment sb_ould J:>~ _abolished. Life imprisonment without the possibility of parole is an effective alternative that will protect society and satisfy aggrieved parties. Life imprisonment has none of the problems that are normally associated with capital punishment. / Criminal & Procedural Law / L.L.M.

This paper deals with the history of capital punishment in South Africa and its historical background in Britain where it was abolished, except for a few instances, because it was found to serve no purpose which could not be served by other forms of punishment. In South Africa, capital punishment is a legal punishment form. Prior to 1290, C(lpital punishment was mandatory for murder, except in a few exceptional cases. Its application was amended by the Criminal Procedure Amendment Act, 107 of 1990. In terms of this Act, capital punishment was made discretionary for all capital offences., The new provisions do not remove all arguments against capital punishment. Consequently this paper recommends that capital p~shment sb_ould J:>~ _abolished. Life imprisonment without the possibility of parole is an effective alternative that will protect society and satisfy aggrieved parties. Life imprisonment has none of the problems that are normally associated with capital punishment. / Criminal and Procedural Law / L.L.M.

A thesis submitted to the Faculty of Arts, University of the 'Witwatersrand, Johannesburg, in fulfilment of the requirements for the degree of Master of Arts. Johannesburg, 1998 / TIlls research report examines the traditional theories of punishment, that is, retribution, deterrence and rehabilitation, and assesses their practical and empirical relevance in South Africa at the present time. It is argued that the theories of retribution and deterrence are largely inadequate to deal with offenders effectively, and consequently little relief in the crime rate could be anticipated if we were to institute a system of punishment based purely on punitive considerations. By contrast, it is argued that the theory of rehabilitation offers a more holistic approach to deal with offenders, and is really the only system which takes crime control seriously. In sum, it is argued that a system of punishment rooted in retributive 01' deterrent principles will neither be more just, more effective nor more humane than a system which has rehabilitation of offenders as its goal.

Education within South Africa has undergone significant change within a short period of time. This change has primarily been written in terms of human rights and the equitable distribution of educational resources. This has necessitated a paradigm shift for many teachers and the study explores some of the factors that have prevented teachers from experiencing a paradigm shift. The introduction of the South African Schools Act of 1996 heralded the start of the complete abolition of corporal punishment within all South African schools. The object of this investigation was to explore teachers' attitudes towards the abolition of corporal punishment and the factors that would contribute towards their attitude. The research explored whether the attitude of teachers, in relation to corporal punishment, had been influenced by the disruptive behaviour of pupils and their perceptions of the efficacy of alternate methods of behaviour management.

A research report submitted to the Faculty of Education, University of the Witwatersrand, Johannesburg, in partial fulfillment of the requirements for the Master of Education degree. / Educationalists throughout the ages have supported the belief that corporal punishment creates harmful effects and should be avoided at all costs. Furthermore, corporal punishment has been found to be neither effective nor permanent in stopping undesirable behaviour in the classroom. Despite the evidence however, South Africa frequently used corporal punishment for the sake of discipline, social control and even 'moral education'. In the not too distant past, it was sanctioned by law, by parents and by teachers (Rice, 1987). However, in 1994 judicial corporal punishment was outlawed and corporal punishment at schools became unconstitutional (clause 3(n) of the National Education Policy Bill, 1995; clause 22 of the Gauteng Schools Education Bill). While policy and legislatlon must play their role, this is not enough to bring about a change in the practices and perceptions of teacher's at the grass roots. An understanding of its harmful effects, and recognition of alternatives is necessary in order to bring about its complete abolishment. This study investigates teachers' and pupils attitudes to corporal punishment as well as what discipline strategies are being used and are considered effective. A sample of teachers and pupils were randomly selected from private, oommunity and public high school types. A total of 602 subjects participated in this study (240 teachers and 362 pupils). Responses to an anonymous questionnaire were tabulated and analysed. Findings demonstrated that teachers are ambivalent towards corporal, punishment, while pupils are clearly anti-corporal punishment; and support its abolishment. Teachers do report Key Words: corporal punishment , classroom discipline. alternative discipline strategies used in the classroom. / AC2017

Education within South Africa has undergone significant change within a short period of time. This change has primarily been written in terms of human rights and the equitable distribution of educational resources. This has necessitated a paradigm shift for many teachers and the study explores some of the factors that have prevented teachers from experiencing a paradigm shift. The introduction of the South African Schools Act of 1996 heralded the start of the complete abolition of corporal punishment within all South African schools. The object of this investigation was to explore teachers' attitudes towards the abolition of corporal punishment and the factors that would contribute towards their attitude. The research explored whether the attitude of teachers, in relation to corporal punishment, had been influenced by the disruptive behaviour of pupils and their perceptions of the efficacy of alternate methods of behaviour management.

Since 25 January 1994, when the interim Constitution came into operation, South Africa's criminal justice system became subject to constitutional provisions, especially the Bill of Rights. All forms of punishment and treatment are subject to the provisions of the Constitution. The first casualties were the death penalty and corporal punishment, which were found to be unconstitutional by the Constitutional Court. Since our criminal justice jurisprudence is still in the developing stage, a comparative analysis with the Canadian and American penal systems forms part of this thesis. Provisions of the Constitution, which will have an indirect influence on punishment include, access to information, just administrative action and state institutions supporting democracy. The following provisions of the Bill of Rights are expected to have a significant impact on punishment in all its facets, equality; human dignity; life; freedom and security of the person; freedom from slavery, servitude and forced labour; and the rights of children. Judgments of the Constitutional Court, which abolished the death penalty and corporal punishment are examined since they were the first indication the Court gave on aspects of punishment. The Constitution also deals specifically with the rights of arrested, detained and accused persons. It is within this provision that 2 the rights of prisoners are spelt out. Imprisonment as a form of punishment, has to conform to the provisions of the Constitution, and the Correctional Services Act is an attempt to render imprisonment compliant. With the abolition of the death penalty and corporal punishment, the effect of constitutional provisions on conventional forms of punishment and the overpopulation of prisons, the establishment of alternative forms of punishment, which would pass constitutional muster, is imperative. The Child Justice Bill is an attempt to establish a unique system for juveniles who commit offences / Penology / D. Lit. et Phil. (Penology)

Thesis (D. Lit. et Phil.)--University of South Africa, 2001.

Since 25 January 1994, when the interim Constitution came into operation, South Africa's criminal justice system became subject to constitutional provisions, especially the Bill of Rights. All forms of punishment and treatment are subject to the provisions of the Constitution. The first casualties were the death penalty and corporal punishment, which were found to be unconstitutional by the Constitutional Court. Since our criminal justice jurisprudence is still in the developing stage, a comparative analysis with the Canadian and American penal systems forms part of this thesis. Provisions of the Constitution, which will have an indirect influence on punishment include, access to information, just administrative action and state institutions supporting democracy. The following provisions of the Bill of Rights are expected to have a significant impact on punishment in all its facets, equality; human dignity; life; freedom and security of the person; freedom from slavery, servitude and forced labour; and the rights of children. Judgments of the Constitutional Court, which abolished the death penalty and corporal punishment are examined since they were the first indication the Court gave on aspects of punishment. The Constitution also deals specifically with the rights of arrested, detained and accused persons. It is within this provision that 2 the rights of prisoners are spelt out. Imprisonment as a form of punishment, has to conform to the provisions of the Constitution, and the Correctional Services Act is an attempt to render imprisonment compliant. With the abolition of the death penalty and corporal punishment, the effect of constitutional provisions on conventional forms of punishment and the overpopulation of prisons, the establishment of alternative forms of punishment, which would pass constitutional muster, is imperative. The Child Justice Bill is an attempt to establish a unique system for juveniles who commit offences / Penology / D. Lit. et Phil. (Penology)

MPM / Oliver Tambo Institute of of Governance and Policy Studies