Witchcraft, courts debate continues

Mashudu Mambo

ALTHOUGH the amendment of the Witchcraft Suppression Act, 17 years ago was welcomed as resonating with Zimbabwean culture and tradition, controversy however, still lingers as the move has not been effective in dealing with witchcraft cases and other related acts.

Until the amendment in 2006, it was a criminal offence to brand anyone a witch or wizard or to accuse someone of meddling in the supernatural, even where there was tangible evidence.

The amendment also criminalises the hiring of witch hunters and those convicted will be fined or jailed for periods of between one and five years.

Sadly witchcraft is a hot topic in Zimbabwe where the courts seem to deal with such matters more often and so many things which happen are now attributed to witchcraft. For example, a number of people continue to kill their parents or relatives over witchcraft allegations.

In January, a 45-year-old man from Mutoko in Mashonaland East province allegedly killed his biological parents over witchcraft claims.

Clemence Makuvatsine of Nyarugwe Village, under Chief Mutoko ran amok and fatally attacked his father Stephen Makuvatsine (72) and mother Elizabeth Kamhoti (67) accusing them of practicing witchcraft.

He also attempted to kill his biological sister.

Recently, a 34-year-old man from Kalima Village in Binga in Matabeleland North province allegedly killed his 67-year-old mother after accusing her of cursing his manhood and this was after he consulted a prophet who indicated that his mother was bewitching him.

Sumayili Juma allegedly killed his mother Josephine Njinjwe accusing her of being a witch who was causing his manhood to disappear and reappear after a few minutes.

These cases are just among many in which the accused kills or assaults another person genuinely believing that the person is using witchcraft to cause grave harm to himself or herself and his or her family members and believing that the only way to put a stop to this was to kill “the witch”.

The cases also bring to the fore the negative impact of this deep rooted belief in witchcraft by a number of communities in the country.

Although traditionalists said the amendments showed that the country was finally waking up to calls from the people who felt the Witchcraft Suppression Act was stalling the genuine development of African culture in the country, Zimbabwe Traditional Healers Association (Zinatha) president George Kandiero said the amendment had not been effective in dealing with witchcraft cases.

“I think enough has not been done in terms of dealing with cases of witchcraft because you will find that a person from the rural areas who cannot afford a lawyer to help him or her deal with someone who has bewitched them will have their case watered down because there is so much evidence that is required to substantiate a proper case,” said Kandiero.

Kandiero said there was a need to involve traditional leaders and other committees in dealing with cases of witchcraft.

“I think Chiefs, headmen and other traditional practitioners need to be involved in these committees or in the judiciary system where a separate kind of court deals with such cases because you will find that the lawyers and judges that we have are western trained and they will not clearly understand the practice of witchcraft,” said Kandiero.

Reverend Nhlanganiso Moyo of the Presbyterian Church said witchcraft was one of the most difficult things to prove during this scientific age.

“One of the most difficult things to prove in this century of science and technology is witchcraft. It would be folly of anyone not to believe in its existence somehow.

“We only see its effect and results, at times speculatively ascribe to be it, because of its complex nature. There is no modern technology that can place a thumbnail on its perpetrators so as to bring evidence and help pass judgment,” said Reverend Moyo.

Reverend Moyo said the amendment was admirable in addressing cases of witchcraft but there was a need for the judicial committees to engage different spiritual leaders.

“The bill has done a great job in dealing with cases of witchcraft but however, there is a need for the judicial membership composition to include traditional healers, prophets and seers who are along that line of trade.

“This is because the scholarly one will not be able to preside over such cases alone as witchcraft is one of the most difficult areas of life that need more than educational wisdom,” he said.

From Reverend Moyo’s observation it is clear that the courts are facing the problem of deciding how to deal fairly with an accused who believes that he or she has done nothing wrong because he or she was simply engaging in a traditional practice. 

However, a legal practitioner Nhlalwenhle Dube hailed the amendment saying that it had been able to deal with cases of witchcraft.

“I think sections 97 to 102 of the Criminal Law Codification and Reform Act are adequate to deal with cases of witchcraft in Zimbabwe. These sections of the Criminal Code draw a very clear distinction between the crimes of witchcraft and witch-finding.

“Witchcraft is criminalised under section 98 of the code under which a person may be charged for engaging in practices commonly associated with witchcraft.  The elements for this crime can be divided into two, the physical element and the mental element,” he said.

Dube said that the provisions of the criminal law were wide and protected the people from witchcraft as they encompass both the physical and the mental elements.

“With regards to the physical element, the accused must engage in a practice commonly associated with witchcraft and if such a practice stimulates fear or belief that harm will occur to him or her or any member of his or her family. With regards to the mental element, the accused must engage in these practices with intent to cause harm to another.

“This provision is wide enough to protect the public from witchcraft whether or not the ill-intent of the accused person was achieved or not as long as the above requirements are met. If found guilty of this crime, an accused can be liable to a fine not exceeding level 10 (US$700) or imprisonment not exceeding five years or both of a fine and imprisonment,” said Dube.

Dube added that this code had dealt with cases of tsikamutanda who engage in witch-finding.

“A classic example of such cases are the infamous ‘tsikamutandas’ who in most cases would be guilty of this crime. 

“However, sections 99 of the Code exonerate persons who have reasonable grounds for suspecting another person is engaging in witchcraft and make the accusations without the purported use of non-natural means,” he said.

Dube further said there was a need to educate the public on these provisions to allow them to report incidents and desist from practicing witchcraft.

“It is my view that the legislature did an excellent job in dealing with witchcraft and related acts. The relevant provisions were crafted in clear and unambiguous terms. The penal provisions thereof are very deterrent.

“It is really up to the relevant authorities to investigate cases which fall under these sections and charge perpetrators accordingly.

“The public has to be educated on these provisions so that they report incidents which fall under the provisions and also desist from engaging in such criminal practices,” said Dube.