Ex Parte Attorney General, Namibia: In Re Corporal Punishment by Organs of State 1991 (3) SA 76 NmSC

Corporal punishment was held to be unconstitutional. Berker CJ at p96:

..The one major and basic consideration in arriving at a decision involves an enquiry into the generally held norms, approaches, moral standards, aspirations ..of the people of Namibia.

..The decision .is based on a value judgment which cannot be primarily determined by legal rules and precedents'. But must take full cognizance of the social conditions, experiences and perceptions of the people of this country.

 

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