This Act also entrenches the practice of corporal punishment.98 The Act adds to the provisions of the CPEA
in that it provides that a medical officer who examined the prisoner in terms of the latter and officer in
charge of the prison should be present during the administration of corporal punishment. These officers may
stay the infliction of corporal punishment at any time during the process and prohibit the remainder of the
sentence if in their opinion the punishment is likely to cause more serious injury than was contemplated in
the sentence. In practice, these provisions are not adhered to as the officials are sometimes not present when
the punishment is inflicted. The definition of moderate corporal punishment is subjective. What is there to
measure “moderate” when corporal punishment is being administered?
3.7.
CONCLUSION
There is urgent need to align the subsidiary laws to the Constitution and ensure the implementation of the
said laws. The officials in the juvenile justice system are not aware of some of the laws hence the need to
continuously build their capacity. The juvenile justice system should also be resourced for the laws to be
implemented.
98
Sections 101-105 of the Prison Act
22
Select target paragraph3
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