With corporal punishment currently applied on bare buttocks, Minister of Justice Machana Shamukuni has revealed that the government has no intention to consider reviewing or amending Regulation Three of the Criminal Procedure.
Shamukuni was responding to a question at the ongoing 14th Meeting of the Fourth Ntlo Ya Dikgosi (NYC) yesterday. Kgosi Lotlamoreng II of Barolong had asked the minister if the government would consider amending the regulation and not inflict pain on the bare buttocks. He said the punishment should be on the back.
Shamukuni stated that government has no plans to reconsider the punishment. “Regulation three of Criminal Procedure (corporal punishment) which stipulates that corporal punishment shall be administered on the bare buttocks only and on no other part of the body, was drafted after due consultation with the public and medical consideration and advisement,” said the minister.
Additionally, Shamukuni further pointed out that administering corporal punishment on bare buttocks is not detrimental.
“There are further safeguards that are put in place when administering corporal punishment to ensure that the said punishment is not dangerously injurious. Examples of these safeguards or precautionary measures are that no sentence shall be passed upon any females or passed upon males who are more than 40 years of age,” he revealed.
Moreover, he stated that corporal punishment shall only be inflicted on people who have been certified by medical practitioners to be fit for such a punishment.
“It is further requirement that such punishment be inflicted in the presence of a medical officer or if is not available, in the presence of a magistrate so that they may order the stop of further infliction of punishment if they consider convicted person is not in a fit state of health to undergo the remainder of the punishment,” Shamukuni said.
He added that a certificate shall be transmitted to the court which passed the sentence or to a court of competent jurisdiction to substitute corporal punishment with another punishment.
