SUBMISSION: LIFE ENRICHMENT MINISTRIES BY REV ANDREW GEORGE

SUBMISSION SUMMARY OF PRESENTATION TO PORTFOLIO COMMITTEE

In Re: Section 139 of the Children's Amendment Bill [B19b-2006] ("The Bill")

A Objector

1. Life Enrichment Ministries a Biblical-evangelical Christian ministry, which focuses on Biblical counselling and Bible teaching - in particular, in respect of parenting. (Submission para 1.1)

2. The objection is endorsed by:

2.1  Baptist Union of South Africa - approximately 500 churches representing all the population groups of South Africa; (Submission para 1.2.1)

2.2.        Church of England in South Africa - approximately 190 racially representative local churches; (Submission para 1.2.2)

2.3.        17 Individual churches representing approximately 3350 individuals; (Submission para 1.2.3)

3. Our objection is founded on study with regard Biblical principles relating to parenting - it is not simply an emotional reaction

B Spiritual Aspects

4. The Christian faith not only recognises, but commands, the use of reasonable corporal punishment in the upbringing of a child and in the formation of its character to fear God. (Submission para 6.1 and following)

5. It is clear that:

5.1.        Christian parents are commanded to discipline their children as part of their upbringing;

5.2.        such discipline would include the use of corporal punishment;

5.3  the corporal punishment must be applied in a reasonable, loving manner, not in a manner that abuses (exasperates) the child - not intent to exact retribution, but to achieve correction and the building of a strong and God­fearing character, that has respect for authority. (Submission para 6.2)

6. This is an unambiguous command - not an option or suggestion.

7. Which will leave the Christian, if this Bill is accepted in this format, with "an absolute and strenuous choice between obeying a law of the land or following their conscience" (using the words of Judge Sachs in the Christian Education case).

8. There are no alternative measures that can take its place, for at least two reasons:

8.1.        Firstly, because we are commanded to use it under certain circumstances; (Submission, Annexure C, fifth and sixth paragraphs)

8.2.        Secondly, parents have delegated authority from God to represent Him and His authority before their children. Deliberate rebellion expressed toward a parent therefore represents more than rebellion against the parent, but rather against the Person and authority of God, represented by the parents. (Submission, Annexure C)

9. So, if put in a position where we have to choose, we have to reply in the words of the apostle Peter: we must obey God rather than men!" (Acts 5: 29).

10. If the state were to command Christians to obey it, rather than God, it would in fact be saying that their command is above that of God, which is blasphemy (Submission para 8.3.2.3 and 8.3.8.4).

11. To say that God commands us to do wrong, that God commands destructive violence, is blasphemy (Submission para 8.3.2.3 and 8.3.8.4)

C Legal Aspects

12 Corporal Punishment is the specific issue - the general, and very important, issue is freedom of religion This Section is the first assault on the Christian's freedom of religion (Submission paras 6, 8.3.4.1 and 9.1)

13 This Bill is setting a precedent in an assault on Christianity (Submission para 8.3.4.1)

14 The foundation of this is that the State is giving precedence to a secular ­humanistic system of belief. The Sate is specifically prohibited from doing this by section 15 of the Constitution (Submission para 8.3.2);

15 The Bill does not differentiate between abuse and corporal punishment in the Biblical sense. (Submission par, 8.3.2)

C Conclusion

16. Our suggestion of the wording of amendment:

"139. (1) A person who has care of a child, including a person who has parental responsibilities and rights in respect of the child, must respect, promote and protect the child's right to physical and psychological integrity as conferred by section 12(1 )(c), (d) and (e) of the Constitution.

(2) No child may be punished in a cruel, inhuman or degrading way.

(3) Any legislation and any rule of common or customary law authorizing corporal punishment of a child by a court, including the court of a traditional leader, is hereby repealed and to the extent that it authorises such punishment.

(4) No person may, at any child and youth care centre, partial care facility or shelter or drop-in centre, administer corporal punishment to a child or subject a child to any form of cruel, inhuman or degrading punishment. (5) The Department must take all reasonable steps to ensure that ­

(a) education and awareness-raising programmes concerning the effect of subsections (1), (2), (3) and (4) are implemented throughout the Republic; and

(b) programmes promoting appropriate discipline at are available throughout the Republic."

(6) A parent, care-giver or any person holding parental responsibilities and responsibilities in respect of a child who is reported for subjecting such a child to inappropriate forms of punishment must be referred to an early intervention service as contemplated in section 144.

(7) Prosecution of a parent or person holding parental responsibilities and rights referred to in subsection (6) may be instituted if the punishment constitutes abuse of the child."