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 IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA

CASE NO

In the matter of:

THE STATE

versus

HENRY WILLIAMS JONATHAN KOOPMAN TOMMY MAMPA GARETH PAPIER JACOBUS GOLIATH SAMUEL WITBOOI

JUDGMENT

'''LANGA, J

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, is consistent with the provisions of the Constitution.

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