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South Africa has Ruled that Spanking Children is Now Unconstitutional

The judgement was unanimous.

Back in 2017, the South African High Court ruled that it was illegal for parents or guardians to spank their children i.e. use corporal punishment in the home setting. The ruling arose after a father allegedly beat his 13-year-old son "in a manner that exceeded the bounds of reasonable chastisement". Today, the Constitutional Court has upheld the High Court's 2017 ruling and declared that the spanking of children is a violation of the constitution.


Groups such as the Freedom of Religion South Africa (FOR SA) have, in the past, fought to have the High Court's ruling set aside citing that there is a "clear distinction between such chastisement and abuse and parents should be allowed to apply "reasonable" and "moderate" chastisement on their children."

READ: Spanking is now legally assault in South Africa—it's about time.

The Constitutional Court's ruling, which was drafted by Chief Justice Mogoeng Mogoeng, has come during a time where gender-based violence and violence towards children has experienced an alarming surge in the past weeks. What the ruling itself means is that parents or guardians who are accused of assault after spanking their children, can no longer invoke the common law defense of reasonable chastisement. The ruling further paves the way for the development of actual laws criminalizing the act of spanking.

Children's rights activists and groups as well as organisations such as the University of Pretoria's Center for Child Law have welcomed the ruling.

Interview

Interview: Bizzle Osikoya Is the A&R Shaping the Voice of a New Generation

We caught up with the A&R expert and co-founder of The Plug Management to talk about the fast-rising demand for Nigerian music and what it takes to break out as an artist.

The meteoric rise of Nigeria's burgeoning music industry over the last few years is definitely one for the books. From high profile collaborations that have graced international charts to appearances on American late night TV and a Grammy nomination, the Nigerian sound is sitting at the epicenter of a global conversation that the world—including Queen Bey herself —seem to scrabbling to get a piece of the action.

However, way before this global infiltration and westernized conflation of Africa's assortment of genres into one Afrobeats, Bizzle Osikoya was studying Music Business in England and plotting for a way to be a part of what he knew was inevitable. "I remember going to clubs in school and they would always play Jamaican music but rarely Nigerian songs. I knew we made good music here but I knew I couldn't sing. So I was motivated to come back, go behind the scenes, and see how we can make that crossover possible," he tells OkayAfrica.

More than a decade after making the intrepid decision to venture into A&R, helping artists find and develop their sound, Bizzle's creative genius has cascaded across different musical generations, from the piracy rife CD mix era with artists like Naeto C, Wande Coal and Dr. Sid to a streaming era populated with hits from Reekado Banks, Tiwa Savage and Davido.

Following the success of his latest project, Oxlade's Oxygene, we caught up with the A&R expert and co-founder of the Plug Management—a talent management company that has managed Davido, Peruzzi and DJ Obi—to talk about what it takes to break out as an artist, the fast-rising demand for Nigerian music, and how "alté" is not the same thing as alternative music.

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