Case 4/927/93 Supreme Court Cape of Good Hope Division (3 files).
A claim was brought against the Education authority arising out of the assault of Brandon Benjamin, a former pupil at Battswood Practising School in Wynberg. The aim was to have corporal punishment declared unconstitutional. The Education and Training Act no. 90 of 1979 allowed for the principal of a school to administer corporal punishment. There was a clear discrepancy between the different educational authorities - black, coloured, Indian and white - about the administration and regulation of corporal punishment. Because Brandon Benjamin was coloured, his school fell under the jurisdiction of the House of Representatives, and therefore could be subject to corporal punishment. The LRC charged that these regulations were discriminatory on the basis of race. They also charged that they infringed upon the fundamental rights as set out in chapter 3 of the Constitution of the Republic of South Africa Act No 200 of 1993.
A criminal case was lodged against Mr Williams, the Headmaster of Battswood Practising School. He pleaded guilty to four charges of common assault. He was sentenced to one year suspended for 4 years on condition that he pay R2000.
This item comprises 3 files:
Files 1-2: Correspondence.
File 3: Legal documents.