THE MPONDO UNDERSTANDING OF WITCHCRAFT
8.12 The problem of the jUdiciary system dealing with witchcraft
The continuance of witch-hunts and constant reports of court cases around witchcraft is another indication that the practice is rife. The crux of the matter is that it continues without appropriate checks and balances. It is as if it continues unabated despite the fact that the suppression Act of 1957 is there to stamp out the very belief But the big
question is, what is done to control the practice? The Act No 3 of 1957 seems as if it is biased, for it seeks to protect the accused, that no one should pin-point or indicate that there is a witch or a wizard. The act states that anyone who:
imputes to any other person the causing by supernatural means of any disease or injury or damage to any person or things or names or indicates any on the person as a wizard shall be guilty of an offence (South African Law Report 24 March
1986 (3): 196).
This poses a serious problem to the security of the people. What becomes clear and vivid is the fact that this South African judiciary system since colonial, and apartheid times and continuing in the present, does not accommodate the African traditional law or folklore based on African Traditional Religion. On the other hand, Africans believe in witchcraft while the judiciary system which is supposed to be serving the African interest on the African continent is handled and designed by people who base their thinking in their own western worldview. The judicial system in this country is managed by the judico-Dutch and English system. There seems to be a dire need to overhaul the judicial system of this country in order to accommodate African culture. This will not happen if the African Traditional Religion, traditional healers and traditional leaders are not involved in the very formulation and unfolding of that process.
The continuous surfacing of witchcraft accusations, supposed to have been suppressed by the already quoted Act, is unabated. Various attempts to sweep it under the carpet seem to be failing. Almost every week cases which are related to witchcraft are handled by courts of law. Some of these cases are dismissed as lacking in evidence. Even if
evidence is there according to African people's belief and practices, it will be condemned for there is no provision in the Act. In support of this my informant said:
Magqwarhu Dakwana and Magasela Mayaba of Mangquzu administrative area in Flagstaff district were accused by another woman. This woman claimed to be a self confessed witchcraft partner of the two mentioned elderly ladies. She together with the two ladies have bewitched another man in their community. A man was seriously ill and had been taken to an igqirha elibhulayo - a diviner. The diviner refused to mention the name of the witches but having given the sick man medicine to use, she said that~he witch will soon confess her deeds. The relatives. and the whole community, having heard of the self confession, arrested the three women and took them to the police station to be investigated. The investigation took place and the court case hearing was conducted. The court findings were that there is not enough evidence. The three accused women were dIscharged.
Only the traditional community court managed to punish them by simply expelling them and having their building demolished by the community (Interview, Mayeza 1996).
In this interview one comes to a clear conclusion that the judicial system is not competent to tackle court cases which are related to witchcraft. The lack of enough evidence stems from the fact that African traditional religious healers are not recognized as a reliable and reasonable source. Therefore their:-information is rejected. Only the western trained psychologists and conventional healers can be approached when there is medically related evidence needed by the prejudiced judicial system of this country. The main accusation is that African traditional religio-medical practitioners have their evidence based on abstract theory which cannot be verified through any empirical manner.
However, the same applies to the ludeo-Roman and Anglo-Dutch law which is dominating the whole world, for, it is based on abstract theory, of course, documented, because of their virtue of being handled by the well-to-do and by technologically viable communities.
Now is the time to have our data tabled and documented, for arguments to be put across to a judicial system which has for a long time, enjoyed this privilege .. The data about the witchcraft related cases are plenty in many courts of this country. In courts of the North Eastern Cape, reports of the killing of people and especially the taking of certain private parts and heads are plenty. In Flagstaff court, there was a case of a young man of Mfundisweni Location who was arrested carrying a head of a young girl. An interview was conducted in this regard.
A young man was arrested near Ntlenzi taxi and bus rank in Ndakeni Location boarding a bus to Durban. From his luggage blood was leaking out. The occupants and bus conductor were worried for their goods or luggages were smeared by the blood. In the process of unpacking the luggage in order to re-pack and stop leakage, a head of a young girl was found. The head still untampered with, was identified as one of the daughters of the boy's sister who had gone missing. When cross-questioned the young man declared that he had decapitated the head for selling it probably to witches to use for bad medicine. Then he was taken into custody by police. His case was simply declared as an ordinary murder (Interview, Macivatshe 1997).
The government does not deal with these killings for medicinal purposes in order to stop witchcraft. Such cases are treated as ordinary murders. A great point and a serious one, too, is missed, that murders of this nature, are aimed at increasing witchcraft practice.
The use of human flesh for medication falls under the category of bad medicine and witchcraft. It is anti-social and against community.
To eliminate this practice, acceptance of witchcraft should be made a point of departure.
This should be made to appear in the statute book of law in this country. Murderers of this kind should be treated separately and seriously, for they are detrimental to the life of