Wrongfulness: Grounds of Justification - Official capacity; official command and power to discipline

Question 1

When does a person act in Official Capacity?

Answer 1

When a •Public official
•law enforcement
•judicial officer
Are obligated by law to perform certain Acts.

Question 2

What are the consequences of acting in official Capacity?

Answer 2

Should there be damage caused in the process of their conduct they will not be held liable

Question 3

What is the exception to Official Capacity?

Answer 3

When Judicial officer or Public officials conduct is in bad faith (mala fide) and exceeds their official capacity.

Question 4

Requirements for execution of an official command referring to case law.

Answer 4

S v Banda
•Order must be from a person of lawful authority
•There must be duty in the accused to obey order given
•Accussed must have done no more harm than carrying out an order.

Question 5

Is there a duty on the accused to obey orders given?

Answer 5

S v Banda

•there is no absolute duty (Blind obedience) on subordinates to obey orders of superiors.

Question 6

What is Power to Discipline?

Answer 6

According to the Common Law Parents and persons in loco have the power to administer punishment for the purpose of education and correction.

Question 7

Does the principal include corporal punishment?

Answer 7

The principal applies to forms of discipline including corporal punishment

Question 8

Is Power to Discipline a delegated parental responsibility?

Answer 8

The power of person in loco parentis is an original authority

Question 9

When will the court interfer regarding power to discipline?

Answer 9

When discretion to discipline was unreasonable.

Person to whom power to discipline has been delegated does not possess more powers than those delegated to him / her.

Question 10

Explain Power to discipline according to statute.

Answer 10

• Section 10 of the South African schools Act 94 of 1996

* Section 12 of the Constitution

Question 11

Refer to case law relating to reasonableness of punishment.

Answer 11

R v Janke and Janke

Question 12

What are the factors used to consider reasonable punishment?

Answer 12

According to R v Janke and Janke 
•nature and seriousness of transgression
•Degree of force /punishment
•physical and mental condition of person punishment
•Gender and age of child
•physical disposition of the child
•means of correction
•purpose and motives of person inflicting punishment.

Question 13

Discuss Constituti onality of Section 10 of the Constitution.
Refer to case law

Answer 13

Christian Education South Africa v Minister of Education