Page:S v Williams and Others.djvu/1

In the Constitutional Court of South Africa

Case No: CCT/20/94

In the matter of:

The State

versus

Henry Williams
Jonathan Koopman
Tommy Mampa
Gareth Papier
Jacobus Goliath
Samuel Witbooi

Heard on	24 March 1995
Delivered on	9 June 1995

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Judgment

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Langa, J:

[1]⁠ This matter has been referred to this Court by the Full Bench of the Cape of Good Hope Provincial Division of the Supreme Court (Conradie, Scott and Farlam JJ). It is a consolidation of five different cases in which six juveniles were convicted by different magistrates and sentenced to receive a "moderate correction" of a number of strokes with a light cane. The issue is whether the sentence of juvenile whipping, pursuant to the provisions of section 294 of the Criminal Procedure Act,^[1] is consistent with the provisions of the Constitution.^[2]

[2]⁠ Mr. Bozalek appeared with Mr. Hathorn as amicus curiae on behalf of the accused; they were assisted by the Legal Resources Centre's Cape Town office. We are indebted to both Counsel and to the Legal Resources Centre. Before the date of the hearing, the President of this Court was advised by the Attorney General of the Cape of Good Hope Provincial

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1. Act No. 51 of 1977 (as amended). For convenience this will be referred to simply as "the Act."
2. Act No. 200 of 1993 (as amended). For convenience, this will henceforth be referred to simply as "the Constitution."