GOJ Part 7 Disciplinary Power

Question 1

Basis:

Answer 1

Perons who exercise lawful authority over children like parents and people in loco parentis such as guardians or teachers, may in terms of such authority lawfully punish the child for education or correction

Question 2

Limitation of delegated authority

Answer 2

Delegated authority to discipline cannot be wider or more comprehensive than the original authority. It involves discretion that must be exercised reasonably and not in an unpredictable way

Question 3

Requirements of disciplinary power

Answer 3

It must be exercised moderately and reasonably, and in accordance with general criterion of reasonableness.
Purpose must be to correct behavior or be educational.
Repeating a punishment that has not worked, and malice and improper motive indicates unreasonableness

Question 4

Court take the following factors into account when determining reasonableness of punishment

Answer 4

• the nature & means of the transgression
• the means & degree of punishment or force used
• physical & mental condition of child
• gender & age of child
• physical disposition of the child
• purpose & motive of person inflicting punishment