THE High Court has declared corporal punishment or canning of children unconstitutional.
This follows a judgment in a review case by Justice Ester Muremba in a case where a juvenile had been sentenced to receive moderate corporal punishment of three strokes after being convicted of rape.
Justice Muremba declared section 353 (1) of the Criminal Procedure and Evidence Act Chapter 907 invalid in terms of Section 167 (3) and Section 175 (1) of the new constitution. She said Section 53 outlaws the infliction of corporal punishment by either parents or guardians who were allowed to mete out moderate corporal punishment under the old constitution.
Instead, Justice Muremba urged for rehabilitation of errant children back into society. The matter now awaits confirmation by the Constitutional Court.