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."