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South Africa: Criminal Procedure Act
No. 51 of 1977



276.(1) Subject to the provisions of this Act and any other law and of the common law, the following sentences may be passed upon a person convicted of an offence, namely-

(a)......
(b).....
(c).....
(d).....
(e).....
(f).....
(g) a whipping.

........

290. (2) Any court which sentences a person under the age of 18 years to a fine or a whipping may, in addition to imposing such punishment, deal with him in terms of paragraph (a),(b),(c) or (d) of subsection (1).

........

292. Discretion of court with regard to whipping and place where whipping is to be inflicted. -- (1) When a court may sentence a person to a whipping, the whipping may be imposed in addition to or in substitution of any other punishment to which such person may otherwise be sentenced.

(2) Except as provided in section 294, a whipping by means of a cane only may be imposed and the number of strokes, which may not exceed seven, shall, subject to the provisions of any other law, be in the discretion of the court which shall specify in the sentence the number of strokes imposed.

(3) Except where a whipping is imposed under section 294, no person shall be sentenced to a whipping more than two times or within a period of three years of the last occasion on which he was sentenced to a whipping.

(4) Subject to the provisions of section 294, the punishment of a whipping shall be inflicted in private in a prison and in accordance with the laws governing prisons.

293. Offences for which whipping may be imposed. -- A whipping may be imposed only in the case of a conviction for-

(a) (i) robbery or rape or assault of an aggravated or indecent nature or with intent to do grievous bodily harm;

(ii) breaking or entering any premises with intent to commit an offence, whether under the common law or under any statutory provision, theft of a motor vehicle (except where the accused obtained possession of the motor vehicle with the consent of the owner thereof) or theft of goods from a motor vehicle or part thereof, where the said motor vehicle or the said part was properly locked;

(iii) receiving stolen property knowing it to be stolen property;

(iv) bestiality or an act of gross indecency committed by one male person with another;

(b) an attempt to commit any offence referred to in paragraph (a);

(c) culpable homicide; or

(d) any statutory offence for which a whipping may be imposed as a punishment.

294. Whipping of juvenile males. --(1) If a male person under the age of twenty-one years is convicted of any offence, whether such conviction is a first or a subsequent conviction, the court convicting him may, in lieu of any other punishment, sentence him to receive in private a moderate correction of a whipping not exceeding seven strokes, which shall be administered by such person and in such place and with such instrument as the court may determine.

(2) The whipping shall be inflicted over the buttocks, which shall not be exposed during the infliction but shall be covered with normal attire.

(3) A parent or, as the case may be, a guardian of the person concerned may be present when the whipping is inflicted, and the court shall advise such parent or guardian, if present at the court proceedings when the whipping is imposed, of his right to be present at the infliction.

(4) A whipping under this section shall not be inflicted unless a district surgeon or an assistant district surgeon has examined the person concerned and has certified that he is in a fit state of health to undergo the whipping.

(5) If a district surgeon or assistant district surgeon certifies that the person concerned is not in a fit state to receive the whipping or any part thereof, the person appointed by the court to execute the sentence shall forthwith submit a certificate to the court which passed the sentence or to a court having like jurisdiction, and such court may thereupon, if satisfied that the person concerned is not in a fit state to receive the whipping or any part thereof, amend the sentence as it deems fit.

295. Limitations with regard to whipping. - (1) No female and no person of or over the age of thirty years shall be sentenced by any court to the punishment of a whipping.

(2) A whipping shall not be imposed by any court if it is proved that the existence of some psychoneurotic or psychopathic condition contributed towards the commission of the offence.

...........

302. (1) (a) Any sentence imposed by a magistrate's court-

(i)...

(ii)...

(iii) which consists of a whipping, other than imposed under section 294, shall be subject in the ordinary course to review by a Judge of the Provincial Division having jurisdiction.

308. (1) A whipping, other than a whipping imposed under section 294, shall in no case be inflicted until the relevant proceedings have been returned with the certificate referred to in section 304(1) or the Provisional Division in question has confirmed the sentence.

(2) If a person sentenced to receive a whipping is not also sentenced to imprisonment for such period as shall allow time for the Judge's certificate to be received before the whipping is inflicted, such person, if he has not been released on bail, shall be detained in custody until either the record of proceedings in the case has been returned as aforesaid or the sentence has been confirmed as aforesaid.

309. (4) When an appeal under this section is noted, the provisions of-

(a)...

(b) sections 307 and 308 shall mutatis mutandis apply with reference to the sentence appealed against including a sentence of a whipping imposed under section 294.

321. (1) The execution of the sentence of a superior Court shall not be suspended by reason of any appeal against a conviction or by reason of any question of law having been reserved for consideration by the Court of Appeal unless-

(a) the accused is sentenced to death or to a whipping in which case the sentence shall not be executed until the appeal or question reserved has been heard and decided; or

(b) ...




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