To provide for the abolishment of corporal punishment authorised in legislation; and to provide for matters connected therewith.
Any law which authorises corporal punishment by a court of law, including a court of traditional leaders, is hereby repealed to the extent that it authorises such punishment.
The laws mentioned in the Schedule are hereby amended or repealed to the extent indicated in the third column thereof.
This Act shall be called the Abolition of Corporal Punishment Act, 1997.
'Provided that in the exercise of the jurisdiction conferred upon him or her under subsection (1) a chief, headman or chief's deputy may not inflict any punishment involving death, mutilation, grievous bodily harm or imprisonment or impose a fine in excess of R100 or two head of large stock or ten head of small stock or impose corporal punishment.'.
Amendment of section 92 by the deletion of paragraph (c) of subsection (1).
in the case of any other offence referred to in the said paragraphs, to a fine or imprisonment for a period not exceeding ten years;'.
and (iii) of paragraph (b).
'shall, subject to the provisions of this Act and any other law, be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 12 months or to such imprisonment without the option of a fine.'.
ABOLITION OF CORPORAL PUNISHMENT ACT 33 OF 1997 Page 3 of 6 proceedings and may thereupon impose such lighter sentence on the person so convicted: Provided further that in the case of a magistrate's court, such lighter sentence shall not exceed a fine of R40 000 or imprisonment for a period of two years.
Notwithstanding anything to the contrary in any law contained, no person in respect of whom the imposition of a sentence of imprisonment is compulsory in terms of subsection (1), shall be dealt with under section 290 or 297 of the Criminal Procedure Act, 1977.'.
ABOLITION OF CORPORAL PUNISHMENT ACT 33 OF 1997 Page 4 of 6 of not less than three months and not more than 18 months or, if such person has been previously convicted under this subsection or under subsection (1), to such imprisonment without the option of a fine.'
(5) Any person who contravenes the provisions of section 21 (1) (i) with reference to a tree or other plant specified in Schedule 3, shall be guilty of an offence and liable on conviction to a fine of not less than R1 000 and not more than R6 000 or, in default of payment of such fine, to imprisonment for a period of not less than three months and not more than 18 months or, if such person has been previously convicted under this subsection or subsection (6), he or she may be sentenced to such imprisonment without the option of a fine.
Any person who contravenes the provisions of section 21 (1) (i) with reference to a tree or other plant not specified in Schedule 3, shall be guilty of an offence and liable on conviction to a fine of not less than R300 and not more than R1 500 or, in default of payment of such fine, to imprisonment for a period of not less than one month and not more than four months or, if such person has been previously convicted under this subsection or subsection (5), to such imprisonment without the option of a fine.'.
Amendment of section 276 by the deletion of paragraph (g) of subsection (1).
or (d) of subsection (1).'.
the presiding judge, regional magistrate or magistrate shall, if he or she is of the opinion that the offence merits punishment of imprisonment or any other form of detention without the option of a fine or of a fine exceeding the amount determined by the Minister from time to time by notice in the Gazette , or if requested thereto by the prosecutor, question the accused with reference to the alleged facts of the case in order to ascertain whether he or she admits the allegations in the charge to which he or she has pleaded guilty, and may, if satisfied that the accused is guilty of the offence to which he or she has pleaded guilty, convict the accused on his or her plea of guilty of that offence and impose any competent sentence.'.
Repeal of sections 292, 293, 294 and 295.
Repeal of section 308.
' (b) sections 307 and 308A shall mutatis mutandis apply with reference to the sentence appealed against.'.
Amendment of section 321 by the deletion of paragraph (a) of subsection (1).