LETTING GO OF THE LASH: THE EXTRAORDINARY TENACITY AND PROLONGED DECLINE OF JUDICIAL CORPORAL PUNISHMENT IN BRITAIN AND ITS FORMER COLONIES IN AFRICA: PART 2

Abstract

This article continues from Part 1 in attempting to explain the extraordinary tenacity and prolonged decline of judicial corporal punishment in Britain and its former colonies in Africa. The focus in Part 2 is on the status of judicial corporal punishment
within a number of these former colonies. The majority of former British colonies in Africa appear to be moving towards eradicating the use of judicial corporal punishment in all courts, be they criminal or tribal. Some countries, such as Botswana, have made no move to abolish the practice of judicial corporal punishment, whilst others, such as Namibia and South Africa, have outlawed the practice completely. In other countries such as Tanzania, the position is unclear, with legislation still authorising the practice, although the courts have pronounced on its unconstitutional nature. What is clear is that in most of these countries, whether the practice has been abolished or not, public opinion on the matter is deeply divided. Continuous calls are made for the return of corporal punishment in those countries which have abolished it, while equally insistent calls are made for its removal in those countries which retain the practice.