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The Fall of the Cane Again: Corporal Punishment in Namibia

Published online by Cambridge University Press:  28 July 2009

John Hatchard
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Type
Case Notes
Information
Journal of African Law , Volume 36 , Issue 1 , Spring 1992 , pp. 81 - 85
Copyright
Copyright © School of Oriental and African Studies 1992

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References

1 1988 (2) S.A. 702.Google Scholar

2 1990 (4) S.A. 151.Google Scholar

3 See Hatchard, J., “The Rise and Fall of the Cane in Zimbabwe” (1991) 35 Journal of African Law 198.CrossRefGoogle Scholar

4 1991 (3) S.A. 76.Google Scholar

5 S. 15(1) of the Constitution of Zimbabwe.

6 ]1985] L.R.C.(Const.) 699.Google Scholar

7 1979 (2) S.A. 431.Google Scholar

8 1986 (1) S.A 156 (N)Google Scholar.

9 See the comments of the Minister of Justice in Parliamentary Debates (Zimbabwe) 6th 12, 1990.Google Scholar

10 At 85.

11 At 171.

12 Constitution of Zimbabwe Amendment (No. 11) Act, 1990. For a comment on the Act see Hatchard, , above, 202.Google Scholar

13 S.19. The inconsistent approach to international views on criminal justice matters in Zimbabwe is well illustrated by the passing of the Criminal Law Amendment Act, 1992. This states that a court can no longer impose a sentence of death on persons over 70 years old. The Minister of Justice informed Parliament that this “brings our law into line with a recommendation of the General Assembly of the United Nations passed on 15th 12, 1989”Google Scholar. The fact that earlier that day the legislature had passed the C.P.E.A. 1992 which is inconsistent with United Nations recommendations was not adverted toGoogle Scholar: see Parliamentary Debates 10 03, 1992.Google Scholar

14 430 U.S. 651.

15 Supreme Court of Zimbabwe S.C. 194/88 (unreported).

16 Art. 131.