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Rh clear trend which has been established.

Corporal punishment has been abolished in a wide range of countries, including: the United Kingdom, Australia (except in the State of Western Australia), the United States of America, Canada, Europe and Mozambique, among others. In Lesotho, restrictions have been imposed by the courts on the whipping of people over 30 years. Although the Constitution of Botswana contains a provision preserving the application of judicial corporal punishment in its criminal justice system, the practice has been severely criticised by the judiciary. The remarks of Aguda, JA in S v Petrus and Another are apposite to the present enquiry:

"First, it must be recognised that certain types of punishment or treatment are by their very nature cruel, inhuman or degrading. Here once more I must cite with approval what Professor Nwabueze says in his book (ibid): 'Any punishment involving torture, such as the rack, the thumbscrew, the iron boot, the stretching of limbs, burning alive or at the stake, crucifixion, breaking on the wheel, embowelling alive, beheading, public