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The Traditional Health Practitioners Act (No 22 of 2007): A South African Constitutional Mishap?

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Gabriel Louw*, Andrè Duvenhage**

* Research Associate, Focus Area Social Transformation, Faculty of Arts, Potchefstroom Campus, North-West University, Potchefstroom, South Africa
** Research Director, Focus Area Social Transformation, Faculty of Arts, Potchefstroom Campus, North-West University, Potchefstroom, South Africa

Ensovoort volume 36 (2016), number 10: 2.

Research

Corresponding Author:
Prof Dr Gabriel Louw
Focus Area 7.2 Sustainable Social Development
Faculty of Arts
Potchefstroom Campus, North-West University, Potchefstroom, South Africa
Email profgplouw[at]gmail.com,
Cell +27 83 626 8005, South Africa

Abstract

Background

The Traditional Health Practitioners Act (Act No 22, 2007), which elicits controversy in the South African healthcare and public sector since proclamation, went untested through the legislature, driven inside the post-1994 socio-political dispensation.. No previous in-depth studies have been identified.

Aims

The aim of this study was to determine and to reflect the Act’s long term legal implications for the already statutory health professions and the public: specific with the focus on the Constitution and other legislations and possible ways to oppose it

Methods

This is an exploratory and descriptive research, in line with the modern-day history approach of investigation and reviewing research, using contemporary reports, news papers and articles as primary resources to reflect on the situation, thinking, opinions, trends and activities around Act No 22 and its implications on the Constitution and citizen’s rights. The focus was also to put Act No 22 in a future in perspective. Findings are represented in narrative form.

Results

Act No 22 (2007) was promulgated without an applicable and appropriate scientific needs-analysis. The Act seems to stand to a great extent in conflict with the Constitution as well as various other Acts, like the Witchcraft Suppression Act (No 3, 1957).

Conclusions

The Act is still today, nearly a decade after promulgation, not fully active. It is a Constitutional mishap. Notwithstanding its constitutional controversy, the Act’s political sanction by governmental agencies and political leaders will ensure that it will not vanish easily from the South African law books.

Keywords

Apartheid, constitution, human rights, post-1994 dispensation, traditional healer and religions

What this study adds:

1. What is known about the subject?
Little research was done on the possible transgressing by Act No 22 of the South African Constitution and the possibility in future of misuses by the traditional healing fraternity of Act No 22 to benefit their quackery.
2. What new information is offered by this study?
It clearly described the legal misinterpretations of the Constitution by the traditional healing fraternity to serve their improper interests.
3. What are the implications for research, policy, or practice?
The status of traditional healing as a statutory profession is in doubt; the same can be said of the legal status of Act No 22.

Background

Act no 22 (2007) was shaped by two strategy manifestos of the African National Congress (ANC), namely the Manifesto of the National Democratic Revolution (NDR) of 1969 and the National Health Plan (NHP) of 1994. Never was there over the years deviated an inch from these master-plans in the execution of political and cultural preferences, notwithstanding sound logical, legal and financial argumentation against it. This fixed viewpoint malformed thinking around the true rights of individuals and groups, democracy and the correct interpretation of the various clauses of the Constitution.1-13
The aim of this exploratory and descriptive research was to determine if the impact of Act No 22 (2008) on the Constitution and other South African Acts can makes these laws mal-functioning.

Methods

Books and articles on the South African traditional healing are very limited; it offers mostly trivial, old, and superficial information.14 This lack of sound and in-depth research findings on the traditional healer in the Republic of South Africa (RSA) had necessitated a study that builds a viewpoint and forms a conclusion from the ground, derived directly from the evidence as it appears as the research developed. The exploratory and descriptive research approach, as used in modern-day historical studies of investigation and reviewing information, was the most appropriate. Here-through contemporary news papers, reports and articles were used as primary resources to reflect on the impact of Act No 22 and traditional healing on specific the functioning of the Constitution as well as the present-day life of South Africans.15-16
The findings were offered in narrative form.

Results

Act No 22 (2007) is still untested today
A good indication of the political skim-off and misdirected thinking and doing in general since the early 1960s on the traditional healer’s competence, is reflected by the designing and compiling of Act 22. An in-depth study to determine the true needs and applicability of the Act was never done. The problem was side-stepped with two superficial enquiries, supported by various road shows between 1997 and 1998.1-3,17-23

The final decision to construct the Act was based on the outcome of five basic questions, put to the public.1,3,17, 18,23,24,25,26,27
They are:
The desirability of a statutory council for traditional healers;
The recognition of medical certificates, issued by traditional healers;
The recognition of the claims of traditional healers by medical schemes;
The formal legal recognition of traditional healers as a medical source;
The establishment of an interim council for the regulation of traditional healers as a health profession.
Negative indicators about the traditional health practitioner’s future statutory recognizing in terms of Act No 22 (2007), as well as the future regulation of traditional healing as a formal healthcare sector, were not thoroughly considered in the proposal of the Act. Specific a lack in need for traditional healers, various non-described-types of traditional healers in practice, a lack of present-day formal training programs, training standards and a functioning system, risks of traditional treatment and concoctions to the public and the health sector, the negative effect of the traditional healer on the practices of the already statutory recognized health practitioners, especially medical doctors, as well as a lack on in-depth research on the possible negative role to play in healthcare, were ignored. Thoughts how to incorporate the traditional healer into the already established allied professions, like homoeopathy, naturopathy, phytotherapy and ethno-medicine, and thus to avoid duplication in training and health practitioner-types, as well the limiting of the immense development costs around the separate recognition of the traditional healer, were also ignored.1-3,5,11,17,18,28-43
This legalizing of traditional healing into the established health sector, was driven under the banner of Section 31(1) of the Constitution of South Africa. This regulation, it was argued, declares that every person, belonging to a cultural community, may not be denied, together with the other members of his community, the right to enjoy their culture. This clause was and is still interpreted by the propagandists of traditional healing as the bestowing of unchallengeable constitutional rights on the traditional healer to practice his trade. It is also argued that it offers the right for the community, to whom the healer belongs, to demand for his services and to use exclusive his services as traditional healer.25,44-46
These beliefs by the traditional healer and his followers in his right to be an official health provider and to may practice freely and fully at all time his trade, were further driven and supported by the Patients Charter 2002 of the Department of Health (DOH). This Charter emphasis the right of patients to be free to choose a particular type of healthcare practitioner for services, notwithstanding the practitioner’s risk impact to healthcare or the user’s life. It seems in this context as if the Charter itself can be a constitutional mishap, as Act No 22 (2007) seems already is doing.10,18,25,47-51
Present-day law-transgressing by offering official work and training appointments to traditional healers
The above opportunistic and scornful attitudes about the alleged rights and status of the traditional healer, as reflected inside as well as outside the traditional healthcare setup, led thereto that various governmental, semi-governmental and other agencies and bodies had even signed legal agreements with traditional healers to work in an official health team or to formally train traditional healers. Examples of these agreements are with a well-known university and two prominent municipalities. One of these municipalities appointed traditional medicine managers to integrate traditional healing and allopathic medicine in its health system and to promote two-way referrals and collaboration between the municipal’s clinics and traditional healers. The University is alleged to have a traditional healer on its staff, working in its counselling and wellness-program. These actions are alarming and irresponsible; it are risky and must be evaluated against the Constitution’s Human Rights Manifesto.10, 24, 25, 31, 44, 45, 47, 51-53
In retrospect, it must be noted, that, all though Act 22 (2007) was promulgated, the Act is not fully activated at this stage (2016) regarding a functioning register for traditional healers. It is thus still illegal, in terms of the various Health Acts, for the already registered health practitioners to work with the unregistered traditional healer. Anybody, municipality, university or individual, doing so, put the health and life of their patients at risk and will not have any indemnity against lawsuits for malpractice with this delinquent behaviour.30,44,54-57
Subtle misuses of legal definitions in self-promotion and reflecting of possession of ability by the traditional healer
Indirect law-transgressing is further well illustrated in the misuses of certain clauses of the Constitution, the Civil Union Act (No 17, 2007), as well as Act No 22 by the traditional fraternity to present themselves to the public as skilled and thus acceptable by the statutory healthcare.
Here it is specific the actions of certain traditional healers organizations which reflect these misuses of the Constitution very well in their public ethic-declarations and practice-rights communications. Specific are those clauses hauled in under the traditional healings umbrella of “exclusive rights to can and may practice”, with the misleading prefix in the Constitution that stipulates that “everyone has a right to equality, human dignity, free association, privacy, religion, beliefs and opinions, trade preferences, occupations and professions, preference life-styles, fair labour practices and access to preferred healthcare”, notwithstanding that they are knowing very well that these clauses are not fully applicable on the traditional healers unscientific and risky practices. 1,3,11,17,24,44,45
These legal misuses are also very subtle reflected by traditional health fraternity communications in their efforts to drag in Act No 22’s description of the representative of the Health Professional Council of South Africa (HPCSA) the formal recognition of traditional healing by the medical and pharmaceutical fraternities. The impression is also subtle left that the HPCSA and SAPC recognize the traditional healer as an independent health practitioner, notwithstanding that traditional healers know very well that these representatives, sitting on the THPCSA, is required by Section 7 of Act No 22 solely to oversee that the THPCSA and its practitioners are not violating the legal rights and privileges of the already statutory recognized health practitioners.44,55,56
Constitutional misuses have limits, even for the traditional healer in New South Africa
Constitutional misuses have limits; it also does not give free-booting to the traditional healer to practice as he feels. First, because he is still an unregulated practitioner, one who is clearly violating many of the country’s health laws and as such must be controlled. Second, because other citizens of South Africa also have rights, privileges and freedom, equal to that of the traditional healer, which must be protected. Sections 12(2) and 32(1) (b) of Act No 108 (1992), a pre-1994 version of the Constitution, are clear and loud about this.50
There is great difference between private and public rights, with the last mentioned as favoured. Differences and uniqueness in culture, person, finance and lifestyles between South Africans, as the traditional healer tries to profess about him self since 1994, cannot be addressed or solved by misuses of the Constitution, as the government blindly did with the promulgation of Act No 22 and the official recognition of the traditional healer. Not even the Constitution can bring equality, as the academic and human activist, Dr Danny Titus, clearly point-out when he states that South Africans cannot argue away their true differences with the argument that everyone is equal before the law: South Africans are just too unequal and need another address for individual rights.57
The Nobel-laureate Milton Freedman also warned long ago that a society that considers bluntly equality higher than the individual’s freedom [in this case safe medicines versus medical concoctions], will end without any one of the two.58
It seems as if there is confusion in the mind-sets of the post-1994 government about outright equality for every South African and to how to differentiate when conferring such a right. It is ill-considered to give unlimited rights to a specific individual, here the traditional healer, knowing well the person can be a danger to the health of others.5,59-64
Constitution experts, Prof. Marinus Wiechers and Prof. Koos Malan, identified clearly this mind-set, which allows that the law-abiding, good and sound person’s rights and claims are sacrificed, to serve a pretended ideal state of equality. Malan pinpoints this pretended equal-state not as a correction-action-state, but as a consuming-governmental-state, that devastating all justice doings. The intention is the disregard of all the rights and claims of the good as well as the problematic individual. This devastator, it seems, is now inside formal healthcare with the traditional healer and Act No 22.62-64
Act No 22 is political, not cultural orientated
It is argued by the propagandists of traditional healing that traditional healing is an essential cultural demand by the South African society, free of politics. The NDR (1969) contradicts this free of political meddling argument. This political document, which had given birth to Act No 22 and formulated in the Apartheid regime’s most notorious time of the suppression of the South African majority, clearly had as an aim and a vision the establishment of pro-African healthcare services and institutes, one that includes traditional healing.1-3,6,8,10-13,17,24,28,29,33-38,49,65,66
The whole 1969-thinking was executed by a small, in exiled political leadership, who empowered themselves to think, right or wrong, on behalf of the voiceless and vote-less majority at home; an autocratic decision-making, possible acceptable by the majority in that time of suffering and uncertainty. But the demolishing of Apartheid in 1994 and the end of barriers on political, economical, educational and healthcare, brought political rights in decision-making direct to the till-then side-lined majority. These changes also brought enormous new mind-sets, more and more away from the 1969 autocratic leadership’s thinking, especially on the outdated healthcare, cultural and political thinking of 1969. South Africans, now free to think as they choose, become modern, also in their healthcare use. Traditional healing, together with other pre-modern remnants of healings and religions, disappeared from their mindsets.64,68-75,125?
Hereto it seems that the 1969-leadership, now elders but with some still in political power, failed to change also and hang on to outdated and warped thinking on the supernatural, witches and traditional healing; not only because they believe in it, but primary because they see it as a matter to stay in power and to serve self-interests. Act No 22 is such a political behavioural-upkeep, notwithstanding that these leaders knowingly transgress Article 16 of the Constitution and the Code of Ethics for Members of the Executive, as prescribed by the Ethics Act (No 82, 1990).4,49,51,55,67,76-87
Is Act No 22 (2007): a Constitutional mishap?
Act No 22 was a well-planned legal and promotion exercise which will bring the pre-modern traditional healer inside the formal health sector, equal to the modern-day health practitioner. This all-over-forcing-down of the traditional healer, also shows the official disregard for the poor, uneducated individual, who is not only deprived by the government of medical and life-aids, but is now also left with the unscrupulous traditional healer and his dangerous concoction. 4,49,51,55,67,76-87
Only the post-1994 government’s immediate personal and political interests are served with the recognition of the traditional healer: its recognition as a specific healer’s type is not equal to the uplifting of the poor or uneducated individual. Uplifting, equality and non-discrimination are three separate entities; to be a sole entity, uplifting and non-discrimination are prerequisites, not ill-considered equality as the government tries to do. To stretch certain clauses of the Constitution, Act No 22 and other legal rules to promote and to establish traditional healing, are dangerous.49,59,62-64,88-90
The present constitutional mishap of the South African political-legal system cuts to the heart of a society still under construction. This mishap forced emeritus-judge Bernard Ngoepe to react on how the Constitution is misunderstood, misused and disrespected, by saying that some South Africans think that the Constitution gives them rights without limitations, an excuse through which they can get everything for nothing. It is clear for Ngoepe that some South Africans, the public as well as politicians, have a problem in the way they understand and apply the Constitution. Act No 22 and traditional healing is surely such an example.91,92
Opposition in the past to Act No 22
Opposition to the Act was so far minimal, notwithstanding the serious consequences it holds for the established health practitioners, especially the medical doctor. This poor reaction to the Act can be described to various obstructions:
First, critic on the government is choked; summarily ignored and executive decisions are taken one-sided, basically of the overpowering majority of the ANC in the Parliament.18,21,49,89
Second, critic from especially journalists and academics, is strong, but with very little positive outcome. In this concern there is always the fear of victimizing. At the moment these objection-actions seem just not strong enough to obtain a turn-around. More organized actions are needed, but the question is what really can be done to nullify Act No 22 (2007).93-96
Possible future actions against Act No 22
Submissions to Parliament
It is doubtful if any sympathy would be found at Parliament and its lawmakers for the repealing of the Act, seeing that it was they who had put the present Act through Parliament in 2003 and did nothing to oppose it. The present ANC-led government’s disrespect for the Constitution and basic rights on health safety, as the traditional healer demonstrates, together with rejections of appeal to rectify one-sided decisions, will surely makes any direct appeal by the medical fraternity to Parliament on the Act nil and void. This concern is confirmed by the action of Parliament to ignore the legal presence of the Witchcraft Suppression Act (NO 3, 1957) when promulgation Act No 22 (2007). Also the bluntly ignoring of the rights of the established healthcare professions, when parliamentarians activating the traditional healer as a formal health practitioner, serves as a further reminder of no interest to repeal Act No 22.77,96-108
The fact that the present ANC-government is going to stay in power for at least another 20 years, re-confirms that the Parliament is not an ideal pathway to take.61,109-113
Also the fact that some of the top-members of the government themselves believe in the supernatural and interference by the ancestors, rules out on its own any anti-action in Parliament against the Act.78,114
It must further be remembered that the public had lost trust in the Parliament to solve their problems, like the constitutional mishap Act No 22, long ago. This is confirmed by two research polls, namely the 2014 IPSOS-Poll and 2014 Media 24-Poll. These studies show that between 53% and 89% of the population distrust the Parliament and government. Taken action and taking on the Parliament on Act No 22, seems to be worthless.114-118
Court actions
Another option to take on Act No 22 and against the present-day government, are through direct court actions. So far the Act went unchallenged in court, although there seems a lot of violation of the rights and practices of the already statutory health professions. In this concern is important to note that South African Courts are not very willing to give judgments on controversial political and cultural issues, like Act No 22 and traditional healing. Here, the medical fraternity’s own sad experience of the side-kicking of the Doctors for Life (DFL)’s legal action in 2003 with the Traditional Health Practitioners Bill, is still too fresh in their minds to readily re-engage in court-actions.61,84
Similar to the above mentioned negative experience of the DFL, it must be noted that a 2014 Media 24-Poll had found that as so much as 78% of the population does not trust South African Courts fully. This negative inclination surely also effects the medical fraternity to rethink before they decide to take on Act No 22 (2007) in a legal battle. As learn from the DFL-case, the outcome can also be negative for them.30
The hesitation of the medical fraternity to take legal actions must also be seen from the point that Act No 22 is still in limbo and can thus not effectively be taken on in court. The implementation that certain Sections of the Act to commence, was only done on 1 May 2014 and was limited to the establishment of the Interim Traditional Health Practitioners Council and the providing of a regulatory framework to ensure the efficacy and quality of traditional core services. This limits legal reaction. Recourse to courts of law by the medical fraternity is thus difficult at this stage, seeing that there is no real legal and physical endangering at present by Act No 22. As soon as the traditional healer enters physical the health services and establishment, claims from medical aid funds and will make him/her guilty of improper behaviour, organized court-actions from the medical profession can be expected.30,55,56
Informal ways to address Act No 22
The experience of the author to motivate healthcare practitioners to address their professional dilemmas themselves, were disappointing and it is doubted if a well-organized formal reaction against Act No 22 will be ever realized. It is clear that other ways must be found and followed, outside the formal venues to address the Act. For this input not only individual, but also class-actions are needed, like the intensively use of the public and private media, in-depth research on the Act, traditional health and its impact on the healthcare sector. Strikes and walkouts, so commonly and effective to everyday-life in South Africa, seems a very appropriate and effective alternative for the up till now passive allopathic practitioners to be followed.
Discussion
It is the duty of the South African government to ensure that a specific healthcare or spiritual practitioner, in this case the traditional healer who is at most a spiritual caregiver, does not transgress any established legislations in his practice, either against the individual or a group. It also must be seen that the health practitioner do not endanger the health or the life of the user of his/her services or medicines. These prerequisites failed outright with Act No 22 (2007). Never in South Africa’s history was on the priest conferred statutory healer status or religion groups official regulated.

The Act is one of the many inapplicable, inappropriate and unworkable Acts that were put through Parliament since 1994, as Prof Piet Naude, Director of University Stellenbosch Business School (USB), reflects when he alluded that our politicians not always paid respect for Parliament and that they make acts which do not pass the test and must again and again be revised. The fact that Act No 22 is still not fully functioning, although promulgated in 2007, confirms that it did not passes the test of good legislation up to today.118,119

Strength and limitations
Enough information was available to formulate and support a legal stand-point on Act No 22’s doubtfully position as a proper healthcare Act and its transgressing of the Constitution.

The post-1994 Political-dispensation’s one-sided unscientific opinions and mal-thinking on healthcare practices, that had led to the justification of a so called “African Culture” that promotes specific the quackery traditional healing, makes the successfully outcome of an opposing public standpoint, like this one against Act No 22, minimal.

Conclusions
The Traditional Health Practitioners Act (ACT No 22, 2007) is an improper healthcare Act, a constitutional mishap. In light of its high level political sanctioning, it stands firm and it must be accepted that it will not be comprehensive revised, neither be repealed, in the next 10 to 20 years.
Further misuses of the Constitution with Act No 22 by the traditional healer fraternity, with more and stronger official sanctioning, can be expected.

References
1. African National Congress. A National Health Plan for South Africa. Johannesburg: ANC; 1994.
2. African National Congress. The Reconstruction and Development Programme. Johannesburg: Unanyano; 1994.
3. African National Congress. National Health Plan for South Africa. Johannesburg: ANC; 1997.
4. Amato C. Gordimer lets loose at secrecy bill. Sunday Times, 2014 June 22; p. 17.
5. Barnard M. ‘n Klad op SA. Beeld, 2014 Oct 4; p. 1.
6. Barron C. How do you prosecute anybody for corruption and you’re not prosecuting Jacob Zuma? Sunday Times, 2014 Sept 7; p. 9.
7. Basson A. Die vars reuk van demokrasie. Beeld, 2014 Oct 4; p. 2.
8. Bierman J. Legal limitations to primary healthcare practice in South Africa. Inter J Medicine and Law, 1994; 13(1): 1-41-51.
9. Boraine A. What’s gone wrong? On the brink of a failed State Johannesburg: Jonathan Ball; 2014.
10. Clarke L. Traditional healers are key players in the battle against HIV. Health System Trust 2014. Available from http://www.hst.org.za/news/traditional-healers-are-key-players-battle-against-hiv (Accessed 03/02/2014).
11. Revolusie-meesterplan Rapport, 2014. March 30; p. 8.
12. Sunter G. Century megatrends: Perspectives from a Fox. Cape Town: Tafelberg; 2014.
13. Terreblanche S. Verdeelde land: hoe die oorgang Suid-Afrika faal. Cape Town: Tafelberg; 2014.
14. Most alternative medicine is illegal. Available from http://www.dcscience.net/2009/01/15/most-alternative-medicine-is-illegal/ (Accessed 06/03/2016).
15. Bless C, Higson-Smith C. Fundamentals of Social Research Methods. An African Perspective, 2nd ed. Kenwyn: Juta; 1995.
16. Louw GP. A guideline for the preparation, writing and assessment of article-format masters dissertations and doctoral theses. Faculty Education, Mafikeng Campus: North-West University; 2013.
17. African National Congress. ANC policy guidelines on health. SA Med J, 1992; 82: 392-3.
18. Dennill K, King L, Swanepoel T. Aspects of primary healthcare: community healthcare in South Africa. Oxford: Oxford University Press; 2001.
19. Traditional healing: What we do. http://www.fnha.ca/what-we-do/traditional-healing (Accessed 26/02/2016).
20. Nxumalo N, Alaba O, Harris B, Chersich M. Goudge J. Utilization of traditional healers in South Africa and costs to patients: Findings from a national household survey. J Pub Health Policy, 2011; 32 Suppl 1: S124-36. Available from http://www.ncbi.nlm.nih.gov/pubmed/21730986 (Accessed 19/07/2014).
21. Pretorius E. Traditional Healer. In: Crisp N, Ntuli A, eds. S Afri Health Review, 1999: 249-256.
22. Richter M. Traditional Medicines and Traditional Healers in South Africa 2003.Discussion paper prepared for the Treatment Action Campaign Law Project. Pretoria: Government Printers; November 2003. Available from http://www.healthlink.org.za/uploads/files/TAC_LAW_Proj.pdf (Accessed 27/11/2014).
23. Traditional Healers Organization (THO). Thokozani Bogogo Nabomkhulu. Available from http://www.traditionalhealth.org.za (Accessed 15/08/2014)
24. Mbatha N, Street, RA, Ngcobo M, Gqaleni N. Sick certificates issued by South African traditional health practitioner: current legislation, challenges and the way forward. S Afr Med J, 2012; 102(3): 129-131.
25. Constitution of South Africa. Republic of South Africa. Pretoria: Government Printers; 1966.
26. Traditional Health Practitioners Bill of 2003, No 20. Republic of South Africa. Pretoria: Government Printers; 2003.
27. Memorandum on the Objects of the Traditional Health Practitioners Bill of 2003 (Supplement to the Traditional Health Practitioners Bill, 2003. Republic of South Africa. Pretoria: government Printers; 2003.
28. African Union. Decisions and Declarations. Thirty-Seventh Ordinary Session of the Assembly of Heads of State and Government. Lusaka: AU; 2001 July 9-11.
29. African Union: African health strategy 2007-2015. Third Session of the African Union Conference of Ministers of Health. Johannesburg: AU; 2007.
30. Sections of the Traditional Health Practitioners Act Commence. Available from http://www.sabinetlaw.co.za/health/articles/sections-traditional-health-practitioners-act-commence (Accessed 02/05/2014).
31. Gqaleni N, Moodley I, Kruger H, Ntuli A, McLeod H. Traditional and complementary medicine. In: S Harrison, R Bhana, A Ntuli, editors. S Afr Health Review, 2007; 12: 175-188.
32. World Health Organization. The Alma-Ata Conference on primary health care. WHO Chronicle 1978; 32: 409-430.
33. World Health Organization. Global strategy for health for all by the year 2000. Geneva: WHO; 1981.
34. World Health Organization. Development of indicators for monitoring progress towards health for all by the year 2000. Geneva: WHO; 1981.
35. World Health Organization. Intersector Action for Health. Geneva: WHO; 1986.
36. World Health Organization. Evaluation of the strategy for health for all by the year 2000: Seventh Report on the world health situation. Brazzaville: WHO; 1987.
37. World Health Organization. Eight general programmes of work- covering the period 1990-1995. Geneva: WHO; 1987.
38. World Health Organization. From Alma-Ata to the year 2000: reflections at the midpoint. Geneva: WHO; 1988.
39. World Health Organization. The WHO 1988-1989: biennial report of Director- General. Geneva: WHO; 1990.
40. World Health Organization. Promoting the role of traditional medicine in health systems: a strategy for the African region: 2001-2010. Harare: WHO; 2000.
41. World Health Organization. Legal status of traditional medicine and comprehensive/ alternative medicine: a worldwide review. Geneva: WHO; 2001.
42. World Health Organization. Traditional Medicine Strategy 2002-2005. Geneva: WHO; 2002.
43. World Health Organization. The World Health Report: 2006. Geneva: WHO; 2005.
44. Interim Traditional Health Council Inaugurated. 2013. Sabinet Law. Available from http://www.sabinetlaw.co.za/health/articles/interim-traditional-health-council-inaugurated/ (Accessed 19/02/2014).
45. Traditional Healers Organization. Traditional healing and law. Available from http://www.traditionalhealth.org.za/t/traditional_healing_and_law.html (Accessed 30/04/2014).
46. Vincent L. Muti murders in democratic South Africa. Tribes and Tribals, Special Volume 2008: 2; 45-53.
47. Cannon, M. This call for a sangoma. Sunday Times, 2015 June 21; p. 6-7.
48. Carstens, S. Velkleur is nou al wat tel. Beeld, 2014 Sept 3; p. 6.
49. Hassim A, Heywood M, Berger J. Traditional and alternative healthcare. In: A Hassim, M Heywood, J Berger, editors. Health and Democracy: A guide to human rights, health laws and policy in post-apartheid South Africa. Westlake: Siber Ink Publishers; 2007.
50. Constitution of South Africa Act of 1992, No 108. Republic of South Africa. Pretoria: Government Publishers; 1992.
51. The Patient’s Rights Charter. Republic of South Africa. Pretoria: Government Printers; 2002.
52. Janse van Rensburg AB .A changed climate for mental healthcare delivery in South Africa. Afr J Psychia, 2009; 12(2): 157-165.
53. Traditional healers of South Africa. Wikipedia Free Encyclopaedia. Available from https://en.wikipedia.org/wiki/Traditional_Healers_of_South_Africa (Accessed 02/02/2014).
54. Peters M. Sickening blow for alternative medicines. Health Systems Trust 2014. Available from http://www.hst.org.za/news/sickening-blow-alternative-medicines (Accessed 02/03/2014).
55. The Traditional Health Practitioners Act of 2007, No 22. Republic of South Africa. Pretoria: Government Printers; 2007.
56. Traditional healers to be integrated into NHI. Available from http://www.medicalchronicle.co.za/traditional-healers-to-be-integrated-into-nhi (Accessed 20/02/2016).
57. Titus D. Ons het ‘n nuwe ingryping nodig. Beeld, 2014 Aug 7; p. 18.
58. Du Plessis T. Gelykheid hoër geag as Vryheid. Rapport, 2014 Sept 7; p. 6.
59. Dalai Lama fiasco shows how SA has lost its way. Sunday Times, 2014 Oct 5; p. 20.
60. Makhanya M. Hulle doen net wat hulle beveel is. Rapport, 2014 Oct 5; p. 13.
61. Mthombothi B. It’s the leaders who have failed SA – and the rest of Africa too. Sunday Times, 2014 April 20; p. 21.
62. Cronje F. Een-pas-almal werk nie vir SA se diversiteit. Rapport, 2014 Oct 5; p. 6.
63. Malan K. Agteruitgang. Beeld, 2014 Sept 10; p. 13.
64. Wiechers M. Nog van koers af ondanks goeie wet. Rapport, 2014 Sept 9; p. 13.
65. Devenish A. Negotiating healing: Understanding the Dynamics amongst traditional healers in KwaZulu-Natal as they engaged with professionalization. Social Dynamics, 2005; 31(2): 243-284.
66. Traditional healing. Available from http://www.traditionalmedicine.net.au/tradheal.htm (Accessed 26/02/2016).
67. Boon M. The African Way: The power of interactive leadership. Sandton; Zebra; 1966.
68. Benghiat, L. Politiek Korrek? GMF! Naweek-Beeld, 2006 Sept 9; p. 11.
69. Ndebele N. Time to shed “blackness” for new, human identity. Sunday Times, 2014 Apr 13; p. 18.
70. Pelser W. Slinkse JZ doen als om te ‘survive’. Rapport, 2014 Aug 31; p. 27.
71. Pilgers J. South Africa has been betrayed. Sunday Times, 2014 April 13; p. 21.
72. Retief H. Diep voetspore van ‘n “brother”. Rapport, 2014 July 20; p. 4-5.
73. Shota B. Your skin could cost you your life. Sunday Times, 2014 July 27; p. 13.
74. Tlhabi R. End this degrading ‘culture’. Sunday Times, 2014 June 22; p. 18.
75. We are not corrupt, says Zuma. Beeld, 2014 14; p. 8.
76. Awolalu JO. What is African Traditional Religion? Studies in Comparative Religion, 1976: 10(2); 1-10.
77. Fitzpatrick M. Ontplooi van medici ‘n ramp. Beeld, 2014 May 30; p.6.
78. South Africa’s President Jacob Zuma Calls for Jesus to come and cleanse. Available from http://www.ibtimes.co.uk/south-africas-president-jacob-zuma-calls-jesus-come-cleanse-us-1476639 (Accessed 26/02/2016).
79. Jesus must return: Zuma Available from http://www.southafrica.indiantimes.co.za/news-24-7-365/index.php/news/i-featured-news/item/939-jesus-must-return-zuma (Accessed 03/03/2016).
80. JZ’s own words in Black and White. Sunday Times, 2014 May 18; p. 19.
81. Malala J. Vat jou Afrika-kultuur. Rapport, 2013 June 2; p. 2.
82. Mbiti S. Introduction to African Religion. 2nd ed. Johannesburg: Heinemann; 1991.
83. Minister could face criminal prosecution for contempt. Sunday Times, 2014 Sept 28; p. 12.
84. Mthombothi B. We will just have to wait out Zuma and his cabinet of cronies. Sunday Times, 2014 June 1; p. 19.
85. Swanepoel E. Steve tot Bokke: Als moet deesdae politiek korrek wees. Beeld, 2014 Aug 12; p. 19.
86. Ethics Act of 1990, No 82. Republic of South Africa. Pretoria: Government Printers; 1990.
87. Jesus must come back, Zuma. Available from http://www.sowetanlive.co.za/news/2014/09/01/jesus-must-come-back-zuma (20/02/2016).
88. Brand-Jonker N. Praktykgebiedewet is van baan. Beeld, 2014 July 31; p. 2.
89. Robbertze JH. ‘n Afrika-psigologie. Psychotherapeia, 1980; 6(3): 1.
90. Williams J. Education for empowerment: implications for professional development and training in health promotion. Health Educ J, 1995; 54: 37-47.
91. Joubert P. Where fairness meets restitution. Sunday Times, 2014 Sept 21; p. 5.
92. Shoba S, Mokone T, Joubert JJ. It’s payback time, Vavi tells Zuma. Sunday Times, 2014 Aug 31; p. 1.
93. Alles wit mense se leuens. Beeld, 2014 Apr 10; p. 4.
94. OB moet sterk staan teen regering. Beeld, 2014 Dec 2; p. 16.
95. Waarheid oor Zuma sal uitkom. Beeld, 2014 Sept 1; p. 8.
96. ANC must stop shielding Zuma from accountability. Sunday Times, 2014 Aug 31; p. 20.
97. Brand-Jonker N. Praktykgebiede is van baan. Beeld, 2014 July 31; p. 2.
98. De Vos P. Trek die ander een, No 1. Rapport, 2014 Aug 31; p. 7.
99. Heard J. Berigte oor Zuma verwerp. Beeld, 2014 Aug 19; p. 6.
100. Kadalie R. ANC-rassehaat gevaarlike spel. Beeld, 2014 July 1; p. 8.
101. Leon T. How much more abuse can the constitution take from Zuma? Sunday Times, 2014 Aug 31; p. 18.
102. Makhanya M. Sy is populisties, minagtend, verkleinerend en neerbuigend. En sy konkel straks met die EFF. (Dit is die twak wat die ANC oor Thuli praat).Rapport, 2014 Aug 31; p. 11.
103. Msomi S. Spy tapes, setback as Zuma’s ‘Stalingrad strategy’ unravels. Sunday Times, 2014 Aug 31; p. 21.
104. New healthcare law restricts our freedom. The Star, 2014 29 May; p. 25.
105. President’s nine lives beckons…but at what cost? Sunday Times, 2015 Dec 13; p. 20.
106. Shoba S. SA losing its way, top jurist warns. Sunday Times, 2014 July 20; p. 12.
107. Skiti S, Shoba S, Jika T, Prinsloo L. Sunday Times, 2015 Dec 13; p. 1.
108. So is politici se belange verweef. Rapport, 2014 May 25; p. 2.
109. Mangcu X. Ripping the veil of UCT’s whither shades of pale. Sunday Times, 2014 July 6; p. 11.
110. Mthombothi B. Is South Africa the boat threats to sinks below the rising African tide? Sunday Times, 2014 July 20; p. 21.
111. Mthombothi B. Expect no censure from ANC stuck with Zuma flunkies. Sunday Times, 2014 March 3; p. 21.
112. Mthombothi B. ANC counts its own destruction by defending the indefensible. Sunday Times, 2014 Aug 31; p. 21.
113. Williams F. ‘n Blik op 2024: ANC uit…DA lyk heel anders…..Rapport, 2014 Oct 5; p. 3.
114. Van Onselen G. The tribal heart that beats in Zuma’s chest. Sunday Times, 2014 May 18; p. 19.
115. Mallovich C. Minder as 50% glo regering gee om. Beeld, 2014 Sept 24; p. 12.
116. Vrey M. Mense vertrou dokters meer as die regering. Rapport, 2014 May 4; p. 6.
117. Skiti S. Giggling Zuma thinks it’s all a joke–survey. ’President has little regard for courts and law’. Sunday Times, 2015 Nov 22; p. 6.
118. Booysen V. Debatte in loopgrawe. Rapport, 2014 Sept 21; p. 8.
119. Traditional Health Practitioners Regulations of 2015, No 1052. Republic of South Africa. Pretoria: Government Printers; 2015.
Conflict of interest
The author does not have any financial or personal conflict to declare.
Declaration
All the information contained in this manuscript has not been presented elsewhere.

Sources of support
All costs incurred in the cause of the study were borne by the author.

Word count: Abstract 257, Contents 3 562

Is the Witchcraft Suppression Act (No 3 of 1957) a medieval throwback to the Dark Ages for South Africans? Think again!

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Gabriel Louw 1, Andrè Duvenhage 2

Ensovoort volume 36 (2016), number 9: 2.

Abstract

Background

The Witchcraft Suppression Act (Act No 3, 1957) seems to have been totally ignored since 1994 as an old apartheid law by the new political dispensation. The question is: Why is this happening and can the Act can be seen as pre-modern and discriminatory to South Africans?

Aims

The aim of the study was thus to determine what effect the Act has or can have in the future on the constitutional rights of the individual as well as groups and why the post-1994 government has kept it on the law books until now.

Methods

The exploratory and descriptive research method, in line with the modern-day historical research approach to the investigation and reviewing of information, was used. Emphasis was on the use of primary research resources, like news papers, reports and articles, to reflect on present life situations, thinking, opinions, trends and activities around witchcraft. Research was also focussed on putting into perspective the future status of the Witchcraft Suppression Act in South Africa. The findings were offered in narrative form.

Results

The putative error in keeping the Act on the statute books may have serious implications for every citizen, at present and in future. Agitation in public and in courts of law by certain individuals and groups, like the neo-pagans, traditional healers and human-rights activists that the Act is in conflict with the human-rights code of the Constitution, have become very intense and demanding. Pleas are heard that it must be repealed.

Discussion

It seems that various other role-players can be identified, apart from the general opposition to the Act, who are backing it. It is specifically argued that the Act is successfully combatting serious crimes, such as murder and that it is not indiscriminately applied by law-enforcement authorities.

Conclusions

Although Act No 3 of 1957 may be defined as a law with negative political and emotional connotations, six decades after its promulgation it is still working and may only be repealed if a better alternative can be put in place. Such an alternative has so far not been offered.

Keywords

Afterlife, human rights, neo-pagan, opinion, witch-finder, witch-hunting, wizard

What this study adds

1. What is known about the subject?

Act No 3 has become a central and prominent point of discussion by the neo-pagans and the traditional healers.

2. What new information is offered by this study?

Other than the neo-pagan and the traditional healer’s one-sided arguments to prevent possible wrong-doing by them and to have Act No 3 repealed, this study offers objective reasons and views about the need to keep the Act on the statute books.

3. What are the implications for research, policy, or practice?

The constant efforts to repeal Act No 3 must be resisted. The Act is applied at present with justice and wisdom by the authorities to the benefit of the law-abiding citizen.

Background

The Witchcraft Suppression Act (Act No 3, 1957), after 60 years of existence, has started to trigger much criticism by opponents with different agendas and intentions. 3

Already instituted in 1957, it went fairly unnoticed up to 1994, seemingly because it was enacted by the apartheid regime and fitted well in their legal and governmental thinking which held sway until the new political dispensation. Opposition up to 1994 by dissidents was just not possible and hardly tolerated. The Constitution of 1996 and the Bill of Rights brought the opportunity to object freely to any supposed human-rights violation. After 1996, opposition to the Act by individuals, human-right activists and groups, especially the neo-pagans and the traditional healers, became more assertive. Specifically their agitation in terms of Section 5 of the Civil Union Act (No 17, 2006) and supported by the Lawyers for Human Rights (LHR), placed them in the foreground. This is well-illustrated by the various pleas since 2007 (2007, 2010, 2014) to the South African Law Reform Commission (SALRC) and the government to repeal it. Specific bodies in leading this appeal are the South African Pagan Rights Alliance (SAPRA), the Traditional Healers Organization (THO) and the Pagan Council of South Africa (PCSA/SAPC). 4, 5, 6, 7, 8

The aim of the study was to determine the possible discriminatory and criminalising effects of Act No 3 (1957) as to the constitutional rights of the individual as well as groups.

Methods

Research information and other literature on the legal standing of Act No 3 (1957) are very limited. This study therefore strongly relied on the exploratory and descriptive approach, used in modern-day historical research, to obtain information and to reflect on the everyday thinking, opinions, trends and activities around witchcraft in South Africa. To obtain these outcomes, the research starts from the ground level, using primary resources. The focus of the study was information as published in daily newspapers, limited articles by researchers as well as information published on the websites and in the publications of the neo-pagans, traditional healers and some individuals, reflecting their opinions, viewpoints, statements and findings on witchcraft. There was also a strongly reliance on the appeals and motivations directed at the South African Law Reform Commission (SALRC) to get the Act repealed. Subjective and one-sided literature on witchcraft by religious institutions and groups, were critically reviewed. The research findings were presented in narrative form. 9, 10

Results

History

Act No 3 (1957), as amended, is based on the Witchcraft Suppression Act of 1895 that was applicable to the British Colony of the Cape of Good Hope. This early Act, it seems, was in turn based on the archaic Witchcraft Act of 1753 of Great Britain (that was repealed in 1951 and replaced by the Consumer Protection Regulations in the United Kingdom of Great Britain). 11, 12, 13, 14

Various other territorial laws in South Africa preceded Act No 3 (1957), namely Act No 24 (1886): The Black Territories’ Penal Code (Cape of Good Hope), Act No 2 (1895): The Witchcraft Suppression Act (Cape of Good Hope, Law No 19 (1891): Natal Code of Black Law (Natal), Ordinance No 26 (1904): The Crimes Ordinance (Transvaal) and Proclamation No 11 (1887): Laws and Regulations for the Government of Zululand (Zululand). 15, 16, 17

Act No 3 (1957) was enacted by the pre-1994 regime and came into force on 22 February 1957. It was amended in 1970 by the Witchcraft Suppression Amendment Act (No 50, 1970), which added one new offence (purporting to use supernatural powers to accuse another person of causing death, injury or damage) and which also converted fines, denominated in Pounds, into Rands. The maximum fines of the Act were fixed in 1991 by the Adjustment of Fines Act (No 101, 1991). In 1997 the Act’s operation was also made uniform across the former homelands by the Justice Laws Rationalisation Act (No 18, 1996). The Act was again amended in 1997 by the Abolition of Corporal Punishment Act (No 33, 1997), which abolished the use of whipping to punish offenders. This amended Act of 1957 (1970, 1991, 1997) is currently in force. 18, 19, 20, 21, 22, 23, 24

Perspectives on Act No 3 (1957)

Literature still shows some support for the retention of the Act. On the other hand, opposition to Act No 3 (1957) seems to be growing. In this respect the opinions, statements, beliefs, viewpoints and arguments from both sides were considered, and compared and analysed to obtain insight into the moral dilemma around the issue of the supernatural, witchcraft, dissident religions and the use of law to combat such.

Supporting opinions for Act No 3 (1957)

It seems that there is still a group of people in the government, public professions and the law fraternity who see the Act as workable (notwithstanding its negative political and emotional connotations at present). For its supporters, change to the Act or its repeal, should only occur when a better alternative is put in place. Notwithstanding the strong opposition to the Act, they would be in favour of its retention.

The opinion is held that the Act’s main aims, namely to prevent witch-finding and harm to innocent people under the pretence that they are wizards, are noble, focussed and successfully executed. These main aims are:

    1. to prevent any person or a community to identify a specific person (notwithstanding his position or conduct which may justify such an identification) as a “”wizard”” through witch-finding;
    2. to prevent that this identified person (“wizard”) be harmed (threatened, terrorised, victimised or even murdered) in any way by the “witch-finder” or the community; and
    3. to prevent a person to call himself a “wizard” by prohibiting such self-naming / declaration as a crime, with the sole aim of safeguarding him from harm through his own misdemeanour or self-description, to be identified as a “wizard” by the “witch-finder” and the community.

Various outcomes were identified to conclude that the Act is achieving its aims and therefore must be kept for the near future. Especially the statistics of the 2006 report of the South African Parliament are used in this context. Specifically the rise in convictions from 1994 to 2004 is stated as evidence of the Act’s effectiveness. The report reflected that in 1994 only 13 persons were convicted on the accusation of identifying another person as a “wizard” and/or of actions to harm such an identified person as a “wizard”. In 2004, 10 years later and with seemingly a more strict implementation of the Act, these convictions rose to 345 cases (a rise of 332 or 96,2% in cases) [Officially the SAPS does not keep statistics specific to muthi or ritual assaults and murders; this limited an in-depth study on the matter, stretching from 1957 to the present. It necessitated the use of limited  studies (like the 2006 report of Parliament)].

The rise in the total number of cases investigated and prosecuted (including withdrawals and acquittals) is also viewed as a re-affirmation that the Act has been effecitve, both in the past and in the present, in its aims to combat the illicit activities of “witch-finders” and to safeguard the innocent from harm in witch-hunting. In this respect the 2006 report shows that in 1994 only 10 cases of withdrawals, with nil acquittals, occurred; in 2004 there were as many as 567 cases of withdrawals and 141 of acquittals. (In the withdrawn cases the rise was 557 or 98.2% and in the acquittal cases the rise was 141 or 100%).

It is also argued that the dramatic rise in the total registration of witchcraft-related cases in a period of 10 years – from only 23 (10 withdrawals, 14 convictions and zero acquittals) in 1994 to 1,053 (567 withdrawals, 345 convictions and 141 acquittals) in 2004 – by law-enforcement agencies like the South African Police Services (SAPS) and the National Prosecution Authority (NPA), may be seen as a motion of confidence by the SAPS and NPA that Act No 3 (1957) is an effective and working piece of legislation. Also, it is argued that these statistics, together with the law-enforcement bodies involved, confirm that Act No 3 (1957) is still active and in use. 25, 26, 27, 28

The opinion is further that Act No 3 (1957) is not aimed to cause any harm or injustice to the law-abiding citizen, even when he transgresses some of the regulations of the Act, knowingly and wilfully. The Act is only focussed and applied in terms of its main aims: to prosecute only the criminally-intended individual who would normally be prosecuted under any of the other criminal codes for serious law-breaking. In terms of Act No 3 (1957) the context of the focus is specifically the person who names, identifies and sniffs out any other person as a wizard and who intends to do or is involved in doing such a person harm in one way or another. 29, 30, 31, 32, 33

The opinion is that only certain sub-rules of the prescribed rule 1(a) to 1(f) are really implemented to prosecute: meaning that Act No 3 (1957)’s regulations are thus only partially executed to make prosecutions. To determine the true impact of this assumed execution of Section 1(a) to 1(f), is very difficult, given that governmental agencies do not refer specifically to witchcraft-related crime statistics or other research outcomes. The only guide to reviewing the use of Act No 3 (1957) is mainly the writings and appeals of the neo-pagans, individual objectors and other interest groups that are focussing their writings on the repeal of the Act, or who are doing research on the Act’s benefits, shortcomings, etc. 34, 35, 36, 37, 38, 39

In Table 1 below 40 the six main offences, as described by Section 1(a) to 1(f) of Act No 3 (1957), were compared with the statistics on witchcraft convictions in the 2006 parliamentary report for the period 1994 to 2004. 41, 42, 43 These outcomes are reflected in Table 1:

Table 1: Six offences relating to witchcraft versus types of witchcraft-related convictions for the period 1994 to 2004: 44, 45, 46

Description of Offences

Types of Convictions

1

Any person who imputes to any other person the causing, by supernatural means, of any disease in or injury or damage to any person or thing or who names or indicates any other person as a wizard

Conviction

2

Any person who in circumstances indicating that he professes or pretends to use any supernatural power, witchcraft, sorcery, enchantment or conjuration, imputes the cause of death of, injury or grief to, disease in, damage to or disappearance of any person or thing to any other person

None

3

Any person who employs or solicits any witchdoctor, witch-finder or any other person to name or indicate any person as a wizard

Conviction

4

Any person who professes a knowledge of witchcraft, or the uses of charms, and advises any person how to bewitch, injure or damage any person or thing. or supplies any person with any pretended means of witchcraft

None

5

Any person who on the advice of any witchdoctor, witch-finder or other person or on the ground of any pretended knowledge of witchcraft, uses or causes to be put into operation any means or process which, in accordance with such advice or his own belief, is calculated to injure or damage any person or thing

Convictions

6

Any person who for gain pretends to exercise or use any supernatural power, witchcraft, sorcery, enchantment or conjuration, or undertakes to tell fortunes, or pretends from his skill in or knowledge of any occult science to discover where and in what manner anything supposed to have been stolen or lost may be found

None

Table 1 shows that on three of the six types of offences (reflected by Section 1 as law-breaking), convictions occurred. This underlines that not more than 50% of the prescribed offences are activated to prosecute and thus that the opinion that Act No 3 (1957) is indeed only in part implemented, seems to be correct.

The outcomes of Table 1 are vague and not fully informative as to the alleged “in part prosecution approach” of the law-enforcement agencies. A more detailed analysis is needed. In this respect it must be noted that the six offences, reflected in Section 1, are compiled and described by incorporating different offence descriptions, to obtain the six descriptions. These incorporated descriptions can lead to an over-simplification of the interpretation of the partial or full execution approach of Act No 3 (1957). 47, 48, 49

To obtain a more precise profile of a specific offence relating to a specific conviction, the above six offence descriptions were separated from each other where clearly unrelated to each other in terms of legal meaning. The offences were re-written to reflect specific (single) offences only. With this focus approach 14 single offences, relating to the practice of witchcraft, were identified and described. In Table 2 the 14 offences relating to witchcraft, were compared with the witchcraft statistics of the 2006 parliamentary report for the period 1994 to 2004. 50, 51, 52, 53, 541,4,10,14,16,18

Table 2: Fourteen offences relating to witchcraft versus types of witchcraft-related convictions for the period 1994 to 2004: 55, 56, 57

 

Description of Offences

Types of Convictions

1

Any person who imputes to any other person the causing, by supernatural means, of any disease in or injury or damage to any person or thing

None

2

Any person who names or indicates any other person as a wizard

Conviction

3

Any person who in circumstances indicating that he professes any supernatural power, witchcraft, sorcery, enchantment or conjuration;

None

4

Any person who in circumstances indicating that he pretends to use any supernatural power, witchcraft, sorcery, enchantment or conjuration;

None

5

Any person who imputes the cause of death of, injury or grief to, disease in, damage to or disappearance of any person or thing to any other person;

None

6

Any person who employs or solicits any witchdoctor, witch-finder or any other person to name or indicate any person as a wizard;

Conviction

7

Any person who professes a knowledge of witchcraft, to bewitch, injure or damage any person or thing;

None

8

Any person who advises any person with any pretended means of witchcraft

None

9

Any person who supplies any person with any pretended means of witchcraft

None

10

Any person who on the advice of any witchdoctor, witch-finder or other person uses or causes to be put into operation any means or process which, in accordance with such advice or his own belief, is calculated to injure or damage any person or thing

Conviction

11

Any person who on the ground of any pretended knowledge of witchcraft, uses or causes to be put into operation any means or process which, in accordance with such advice or his own belief, is calculated to injure or damage any person or thing

None

12

Any person who for gain pretends to exercise or use any supernatural power, witchcraft, sorcery, enchantment or conjuration

None

13

Any person who for gain undertakes to tell fortunes

None

14

Any person who for gain pretends from his skill in or knowledge of any occult science to discover where and in what manner

None

Table 2 reveals only three offences with convictions out of the 14 offences, meaning so much as 78; 5% of the regulations were apparently not use in law enforcement. This is in line with the opinion obtained in Table 1 that alleges that Act No 3 (1957) is only partially applied to make prosecutions and to obtain convictions. 58, 59

It seems from the outcomes of this subdivision that Act No 3 (1957) benefits society and the individual specifically, overshadowing its prejudice. The view that the Act is only in part applied and then only to bring true criminality to book, supports the opinion that the constitutional rights of the individual are not transgressed. These outcomes seem to reveal why the SALRC and the government itself are hesitant to repeal it, seeing that the Act fulfils its main aims to protect the individual.

General opposing views on Act No 3 (1957)

There is also strong opposition in general to the future existence of Act No 3 (1957) as a criminal law. Opinions, viewpoints, meanings, statements and arguments vary from the Act being ineffective, undefined and un-African, to specifically violating the Constitution.

Act No 3 (1957) is an Undefined Act

The opinion is put forward that the Act’s definitions of whom a “wizard” really is and what “witchcraft” really means are incomplete and poorly formulated. This, it is argued, creates serious legal-interpretation problems for the SAPS to register a charge and the NPA to prosecute such a charge. Its exclusive focus on “pretence” and “accusations” of “witchcrafts” led to the failure to acknowledge the existence of “real, true witchcraft” and thus to criminalize such assumed witchcraft practices effectively. In this context the only description that is allocated to the “wizard” is that he/she is an unspecified misdemeanant, a person that practises unspecified activities called “witchcrafts”. 60, 61

The name “wizard”, the identity under whom a person can be prosecuted in terms of Act No 3 (1957), also implicates the names of “witchdoctor”, “witch-finder”, “occult-scientist”, “fortune-teller” and “witch”. It seems that the word “witch” is the most used name in South African literature and by the public. It was used as an alternative to “wizard” in this research. 62

Legal uncertainties in the Act’s definitions, it is argued, may lead to a person being seen as transgressing the law through thoughtless and ill-considered use of the name “wizard” or actions/deeds that may be associated with “witchcraft” but who is not really guilty of practising witchcraft. As such he/she can, in terms of “pretence” and “accusation”, be convicted and sentenced. This is indeed evidence for instance in the listed offences in Subsection 1(f) of the Act, as quoted beneath, and such a person becomes an offender with a stiff sentence for harmful practices or pretence thereof, namely: 63

“To gain, pretend, to exercise or use any supernatural power, witchcraft, sorcery, enchantment or conjugation, or knowledge of any occult science to discover where and in which manner anything supposed to have been stolen or lost may be found”.

The above unjust criminalisation of innocent people, simply because Act No 3 (1957) fails to distinguish successfully between true or false accusations, and thus to evaluate accusations in their true context, make it easy for a false “victim” to successfully frame an innocent person of being the practitioner of witchcraft and/or related practices; even to label that person as delinquent and to obtain a conviction against such an innocent person. 64

The findings of ritual/muthi murders are escalating. From 2010 to 2012 there were 50 recorded murders in this context. This supports the opinion that the Act fails to safeguard the lives of the innocent against witch sniffing and hunting, and thus fails in its aims. 65, 66, 67

The opinion that the Act can falsely criminalise the innocent, is strengthened by the dramatic rise in the cases of withdrawals and acquittals between 1994 and 2004. For instance in 1994 only ten cases were withdrawn, but in 2004 this number increased to 567. This rise is not seen as a result of better policing, but as a direct negative outcome of the opportunity that the Act offers for false “victims” to misuse it for their sole, own benefits. From 1994 to 2004 the acquittals also rose from zero to 141. Again, as in the cases of withdrawals, the view is that it results because of the injustice of the Act, with its inability to discriminate effectively in terms of the law between innocent persons and delinquents. 68, 69

The intense inability of the Act to draw the line between rightful and wrongful conduct is also argued when it comes to the ratio between the dismissals of cases and convictions. For instance in 2004, 567 cases were withdrawn and 141 acquitted against 345 convictions. This reflects an outcome ratio of possible false/unsubstantiated accusations against convictions, of 2:1, meaning that for every two cases reported, as much as one was dismissed outright. 70, 71

The outright dismissal ratio is much worse when the total statistics for 1994 to 2004 are calculated: a total of 2 976 cases were withdrawn, 1 303 cases convicted and 946 cases were acquitted. When these withdrawals and acquitted cases are compared against the convictions, the ratio is as high as 3: 1 (3 992: 1 303), meaning that for every three cases charged by the SAPS, only one is convicted. Here it must be mentioned that there is an opposing opinion about this “two out of three victims who are falsely accused”, namely that most of them are guilty but escape conviction because of incompetent investigations by the SAPS and poor NPA prosecutions. 72, 73

The view that the innocent is at risk to be identified or falsely accused as a witch and for witchcraft-related crime, because of Act No 3 (1957)’s incomplete and insufficiently formulated definitions, seems to hold some substance.

Act No 3 (1957) is an ineffective Act

It is argued that the 2006 report to Parliament, as used by the backers of Act No 3 (1957) as a positive outcome of the Act, reflects just the opposite of what is alleged. The true fact is that witchcraft-related murders are still rampant, as the online archive of the SAPRA confirms the murder of at least 50 innocent persons killed as “witches” between 2010 and 2012. (This number excludes muthi or ritual murders.) Research shows the above numbers are a total underestimation and that the yearly number can be more than 300. 74, 75, 76

The fact that various counter-interventions also had to be made between 1996 and 2014 to combat witchcraft-related crime, like the Commission of Enquiry into Witchcraft Violence and Ritual Murders (Ralushai Commission of 1996), the Commission for Gender Equality’s National Conference on Witchcraft Violence (1998), the Thohoyandou Declaration on Ending Witchcraft Violence (1998) and the Mpumalanga Witchcraft Suppression Bill (2007), as well as three Ritual Murder Summits between 2000 and 2014, strengthens the opinion of the ineffectiveness and failure of Act No 3 (1957) in achieving its main aims. 77, 78, 79, 80, 81

Another point of difference is that of the so-called noble intention that the Act is only partially implemented to prosecute hard-core crimes related to witchcraft. Here the question is asked that if merely three of the offences as described by Section 1 of the Act are activated, why are the 11 so-called “dead law” regulations of the Act still being kept on the statute books (See Tables 1 and 2).

The view is that the Act is still left with the power to be fully implemented, and if the other 11 offences are prosecuted it could serve to misuse the Act in doing injustice and harm to the falsely accused and innocent victims. Specifically the neo-pagan, whose practice rituals can flow into the transgressions of the 14 offences, is at risk. 82, 83, 84, 85, 86

Un-African inclinations of Act No 3 (1957)

A prominent viewpoint of Act No 3 (1957) is that it is extremely hostile to and destructive of the indigenous African culture and religion. The opinion is that the colonial and pre-1994 regimes had the aim to terminate all uniquely African habits, customs and lifestyles with the Act and that it, as one of the last remnants of apartheid, must be repealed. 87, 88, 89, 90

The contrary to this viewpoint seems to be true. The African post-1994 government could already in 1994 have repealed it, because they are the outright rulers in South Africa. They did not do so because it is not a politically orientated law, as is argued. It is a true African law, a successful legal instrument to prevent ritual, muthi and so-called “witch” murders and crimes, and to save the lives of innocent and vulnerable people who are often harmed or murdered for various reasons under the pretence of “witchcraft” and “witch” murders. 91, 92

The present activities by the South African Police Service (SAPS) to appoint 40 members specifically to deal with so-called witchcraft, reaffirms the need for laws like Act No 3 (1957). This SAPS-intention to combat so-called masked supernaturally-related crimes is also echoed by various governmental agencies, ministers from the cabinet, and even the South African Teachers Union (SADTU) for instance. 93, 94

Furthermore, it seems that arguments of a uniquely African culture and religion in which the traditional healer as a witch-finder and witchcraft-related conduct may play a role, do not hold any value in the modern South Africa. For instance, indigenous and/or traditional African religions represent only 0.35% of the total Black population. This evidence contradicts the alleged exclusive existence of an African “religious” culture. 95

To address abhorrent behaviour, like witchcraft-crimes reflected by the underdeveloped section of society effectively with Act No 3 (1957), is not un-African. It is needed to safeguard the community against malevolent individuals. 96, 97, 98, 99, 100, 101, 102, 103, 104, 105

The viewpoint that witchcraft crimes must be handled by tribal leaders because the community is “African”, is inapplicable and insignificant to combat witchcraft crime. The South African legal system is more than competent enough to handle witchcraft-related crimes. The Constitution does not allow any transfer of its legal powers to quasi-courts to make criminal convictions. South Africa’s experience of street and bundu law and the barbaric kangaroo courts of townships in the 1960s is more than enough evidence that tribal or community courts do not have a place in the legal system. It cannot replace Act No 3 (1957) at all, as alleged. 106, 107, 108

Individual-rights viewpoint

Individual objections are based on the viewpoint that every South African citizen should be totally free in terms of the Constitution and its Bill of Rights and Sections 5(1) and 5(2) of the Civil Union Act No 17 of 2006 to believe, to choose and to practice his culture and religion unobstructed. 109 The view is that the State does not have the right to discriminate against or to criminalise an embedded cultural and religious belief and practice system, as it is argued that Section 1 of Act No 3 of 1957 does that specifically. The opinion is that Section 1 places an ipso facto assumption of criminality upon the individual, which can affect his ethnic status, his cultural grouping and limit his right to equality, freedom of association, choice of occupation or profession, and as already mentioned, his freedom to choose and to practise a religion or culture falling outside the mainstream.

This discrimination in terms of Act No 3 (1957) has been alluded to in more than 11 clauses of Chapter 2 of the Constitution and its Bill of Rights (as well as Section 5 of the Civil Union Act of 2006). The opinion is that Act No 3 (1957) in this context bears a negative classification because of official stereotyping and stigmatising. This means an innocent person can be projected as malevolent in the eyes of the public, purely on grounds of his religion, culture or lifestyle. 110, 111, 112, 113

With reference to religious inheritance, the opinion is argued that Section 1 strikes into the heart of the individual Hindu believer’s, traditional healer’s and neo-pagan’s practices of divinations, charms and fortune-telling. 114

The above belief in the supernatural and superstition (as defined by Section 1 of Act No 3 of 1957 as a legal transgression), is clearly also fully applicable to the other traditional South African religions, Christians (main South African religious group), as well as the Muslim and Jewish groups. This truth is well-confirmed by the following comment: 115, response 5:

“If you can believe in an invisible man in the sky that will burn you if you do bad things, then I say you can believe in witchcraft. I find witchcraft no more ludicrous than Christian, Jewish or Muslim beliefs and if you outlaw the one, you may as well outlaw the lot.”

Therefore to identify a single culprit practising the supernatural or to prosecute only the “witch”, the neo-pagan or the religious dissident, as Act No 3 (1957) initially undoubtedly intended in 1957 to do, will be an injustice. If the neo-pagan and the “witch” are prosecuted, the same must be done with the Christian, the Muslim, the Jew (for all of them the universal basis is the afterlife and its corollaries with the living). The rigid opinion held is that it is impossible to meaningfully outlaw the supernatural and superstition. This seems to be confirmed by the unofficial inclination of the South African criminal justice system and law-enforcing agencies to uphold only in part Act No 3 (1957) regulations to fight witchcraft and related crimes (and other occult crimes reflected as witchcraft) like murder. 116

In studying Section 1 of the Act’s interpretations and description of the supernatural, the impression is left of it as real (concrete) behaviour that can be scientifically tested (the same for instance, as occult science). The SAPS’s own admittance that they believe there is something “real” that is supernatural – or as they describe it as “handlings and activities of a spiritual nature – things outside the physical sphere” (bedrywighede of aktiwiteite van spirituele aard – dinge buite die fisieke sfeer), 117, brings only further confusion for the individual.

It forces to the foreground possible discrimination of his civil right to believe in a specific culture or religion and to practise it, notwithstanding that he is a neo-pagan, Christian, Muslim or Jew. In this context of conflict and confusion, the opinion is that the individual is more than enough justified to doubt the legality of Section 1 of Act No 3 of 1957 in terms of the Constitution. 118, 119, 120, 121, 122, 123

In contrast to the belief by individuals in their total freedom of behaviour that they demand in terms of the Constitution (as can be reflected by the above), it is important to note that the Constitution is designed and enacted to safeguard also the individual rights of other citizens, not only that of the alleged deprived individual, a neo-pagan, a traditional healer, a Hindu-believer, a Christian or a Muslim. The Constitution clauses as a whole guarantees that it will not be misused by individuals or groups to serve selfish and sometimes, masked dangerous needs and aims.

In terms of the Constitution only rights will be bestowed on an individual when his newly demanded or deprived former rights do not infringe on the rights of other individuals (and of cause the state per se). This is the reason why the Constitution was not activated and not used to interfere for instance between 1994 and 2004 with Act No 3 (1957) actions when more than 1 300 cases of witch-sniffing and -hunting were successfully prosecuted (and, surely many witch murders prevented). It allowed that 2 976 cases were initially registered for criminal activities but dismissed and a further 946 cases were acquitted for the period 1994 to 2004; this confirms the trust in Act No 3 (1957) and that it is not unconstitutional as certain sectors in society alleged. 124, 125

Discussion

With reference to the legal status of Act No 3 (1957) as a law, the opinion cannot be ignored that although no one can doubt that South Africa has one of the most progressive Constitutions in the world and possesses a complex democratic machinery to manage its legal system, it still has three levels of social development: a developed, a developing and underdeveloped sectors of civil society. It is especially the underdeveloped level that still believes in witchcraft and is guided in daily life and decision-making by it. In this tier of underdevelopment there still exists a kind of primitive savagery reminiscent of medieval times; a paradigm where culture and religion are misused to mask needs (but also as an excuse) and to express and live out abhorrent behaviour, such as ritual and muthi murders and personal revenge. 126, 127, 128, 129

South Africans are at the moment still just too unequal for the Constitution to fit and to fix the rights of everyone; other pieces of legislation, like Act No 3, are needed to safeguard and to execute these rights, together with the Constitution. 130, 131, 132, 133

Act No 3 (1957) can surely be described as a medieval throwback to the Dark Ages, but at present it excellently serves the innocent individual (victim) against the criminal behaviour of the witch-sniffer and witch-hunter, as well as against the evil-inclined community of whom he may be a member. The SALRC’s various refusals since 1994 to have Act No 3 of 1957 repealed, confirms the opinion of the benefits of the Act on the one hand. 134, 135, 136, 137, 138

On the other hand it also reflects the Constitution’s guarantee that law-abiding behaviour must be kept up by the prosecution of any wrongdoer. Both the pre-1994 apartheid and the post-1994 anti-apartheid regimes have kept Act No 3 (1957) undisturbed now for a period of six decades because it serves the Constitution and the country’s citizens in an exemplary fashion. 139, 140, 141

The finding in principle by the SALRC more recently, after years of constant appeals by the traditional healers and other objectors that certain sections of the Act can be unconstitutional, does not mean that it is going to be repealed or be changed immediately. 142The Parliament and its lawmakers must first consider the matter. 143

Strength and limitations

This study offers a strong argument, based on sound research findings, for the indefinite keeping of Act No 3 to counter witchcraft-related behaviour. It seems at the moment to be the only legal instrument left to oppose the future wrongdoings of the traditional health practitioner and the potential excesses of the Traditional Health Practitioners Act (Act No 22, 2007).

In the present climate of political correctness that sanctions and exaggerates the individual’s rights, notwithstanding that his behaviour may be criminal like that of the traditional healer, the positive arguments and findings of this study may be controversial or may even be minimised.

Conclusions

Notwithstanding the opinion against it, there is no evidence that the Act discriminates in criminalising the law-abiding citizen who declared himself a “witch”, even after making such a foolish confession in public. Nor does it interfere with the lifestyles of the individual engaged in supernatural practices, as long as he does not contravene a focussed criminal law and/or endanger or threaten the life of other people in terms of subsection 1(a), (c) and 1(e). 144, 145, 146, 147, 148

The opinion that Act No 3 (1957) is only partly implemented to fight witchcraft-related crimes, seems to be correct. The aim of the Act, as indicated, is not blind prosecution, but only the prevention of well-identified, specifically dangerous witchcraft crimes and actions. The Act is thus not a medieval throwback to the Dark Middle Ages. It follows that we should think again before repealing the Act at this stage.

Notes:

  1. Research Associate, Focus Area 7.2 Social Transformation , Faculty of Arts, Potchefstroom Campus, North-West University, Potchefstroom, South Africa
  2. Research Director, Focus Area 7.2 Social Transformation, Faculty of Arts, Potchefstroom Campus, North-West University, Potchefstroom, South Africa
  3. Witchcraft Suppression Act of 1957, No 3. Republic of South Africa. Pretoria: Government Printers; 1957.
  4. Witchcraft Suppression Act of 1957, No 3. Republic of South Africa. Pretoria: Government Printers; 1957.
  5. Neo-paganism in South Africa. Available from http://en.wikipedia.org/wiki/Neopaganism_in_South_Africa (Accessed 20/08/ 2014).
  6. The Traditional Health Practitioners Act of 2007, No 22. Republic of South Africa. Pretoria: Government Printers; 2007.
  7. South African Pagan Rights Alliance (SAPRA).Available from http://www.paganrightsalliance.org/about-sapra/ (Accessed 20/02/2016).
  8. Witchcraft Suppression Act, 1957. Available from http://www.justice.gov.za/legislation/acts/1957-003.pdf (Accessed 19/10/2014).
  9. Bless C, Higson-Smith C. Fundamentals of Social Research Methods. An African Perspective, 2nd ed. Kenwyn: Juta; 1995.
  10. Louw GP. A guideline for the preparation, writing and assessment of article-format masters dissertations and doctoral theses. Faculty Education, Mafikeng Campus: North-West University; 2013.
  11. Witchcraft Suppression Act, 1957. Available from http://www.justice.gov.za/legislation/acts/1957-003.pdf (Accessed 19/10/2014).
  12. Bless C, Higson-Smith C., op. cit.
  13. The 1957 Witchcraft Act. Available from http://www.quackdown.info/article/1957-witchcraft-act/ (accessed 19/10/2014).
  14. Ludsin H. Cultural Denial: What South Africa’s Treatment of Witchcraft Says for the Future of its Customary Law. Berkeley J Inter Law, 2003; 21(1): 63-110.
  15. Witchcraft Suppression Act of 1957, No 3. Republic of South Africa. Pretoria: Government Printers; 1957.
  16. Witchcraft Suppression Act, 1957. Available from http://www.justice.gov.za/legislation/acts/1957-003.pdf (Accessed 19/10/2014).
  17. Ludsin H. Cultural Denial: What South Africa’s Treatment of Witchcraft Says for the Future of its Customary Law. Berkeley J Inter Law, 2003; 21(1): 63-110.
  18. Witchcraft Suppression Act of 1957, No 3. Republic of South Africa. Pretoria: Government Printers; 1957.
  19. Witchcraft Suppression Act, 1957. Available from http://www.justice.gov.za/legislation/acts/1957-003.pdf (Accessed 19/10/2014).
  20. Ludsin H. Cultural Denial: What South Africa’s Treatment of Witchcraft Says for the Future of its Customary Law. Berkeley J Inter Law, 2003; 21(1): 63-110.
  21. Witchcraft Suppression Act, 1957. Available from http://en.wikipedia.org/wiki/Witchcraft_Suppression_Act,_1957 (Accessed 20/92/2016).
  22. Witchcraft Suppression Amendment Act of 1960, No 50. Republic of South Africa. Pretoria: Government Printers; 1970.
  23. Adjustment of Fines Act of 1991, No 101. Republic of South Africa. Pretoria: Government Printers; 1991.
  24. Justice Law Rationalisation Act of 1996, No 18. Republic of South Africa. Pretoria: Government Printers; 1996.
  25. Witchcraft Suppression Act of 1957, No 3. Republic of South Africa. Pretoria: Government Printers; 1957.
  26. Witchcraft Suppression Act, 1957. Available from http://en.wikipedia.org/wiki/Witchcraft_Suppression_Act,_1957 (Accessed 20/92/2016).
  27. Abolition of Corporal Punishment Act of 1997, No 33. Republic of South Africa. Pretoria: Government Printers; 1997.
  28. 10 Terrifying facts about witches that will make you believe they actually exist. Available from http://thoughtcatalog.com/james-b-barnes/2014/10/10-terrifying-facts-about-witches-that-will-make-you-believe-they-actually-exist/ (Accessed 26/02/2016).
  29. Witchcraft Suppression Act, 1957. Available from http://en.wikipedia.org/wiki/Witchcraft_Suppression_Act,_1957 (Accessed 20/92/2016).
  30. Witchcraft Suppression Amendment Act of 1960, No 50. Republic of South Africa. Pretoria: Government Printers; 1970.
  31. Witchcraft Suppression Amendment Act of 1960, No 50. Republic of South Africa. Pretoria: Government Printers; 1970.
  32. Abolition of Corporal Punishment Act of 1997, No 33. Republic of South Africa. Pretoria: Government Printers; 1997.
  33. 10 Terrifying facts about witches that will make you believe they actually exist. Available from http://thoughtcatalog.com/james-b-barnes/2014/10/10-terrifying-facts-about-witches-that-will-make-you-believe-they-actually-exist/ (Accessed 26/02/2016).
  34. Witchcraft Suppression Act of 1957, No 3. Republic of South Africa. Pretoria: Government Printers; 1957.
  35. South African Pagan Rights Alliance (SAPRA). Available from http://www.paganrightsalliance.org/about-sapra/ (Accessed 20/02/2016).
  36. Witchcraft Suppression Act, 1957. Available from http://en.wikipedia.org/wiki/Witchcraft_Suppression_Act,_1957 (Accessed 20/92/2016).
  37. Abolition of Corporal Punishment Act of 1997, No 33. Republic of South Africa. Pretoria: Government Printers; 1997.
  38. 10 Terrifying facts about witches that will make you believe they actually exist. Available from http://thoughtcatalog.com/james-b-barnes/2014/10/10-terrifying-facts-about-witches-that-will-make-you-believe-they-actually-exist/ (Accessed 26/02/2016).
  39. Witchcraft presents puzzle. Sunday Times, 2014 Oct 19, p. 10.
  40. Witchcraft Suppression Act of 1957, No 3. Republic of South Africa. Pretoria: Government Printers; 1957.
  41. Witchcraft Suppression Act of 1957, No 3. Republic of South Africa. Pretoria: Government Printers; 1957.
  42. Witchcraft Suppression Act, 1957. Available from http://en.wikipedia.org/wiki/Witchcraft_Suppression_Act,_1957 (Accessed 20/92/2016).
  43. Abolition of Corporal Punishment Act of 1997, No 33. Republic of South Africa. Pretoria: Government Printers; 1997.
  44. Witchcraft Suppression Act of 1957, No 3. Republic of South Africa. Pretoria: Government Printers; 1957.
  45. Abolition of Corporal Punishment Act of 1997, No 33. Republic of South Africa. Pretoria: Government Printers; 1997.
  46. 10 Terrifying facts about witches that will make you believe they actually exist. Available from http://thoughtcatalog.com/james-b-barnes/2014/10/10-terrifying-facts-about-witches-that-will-make-you-believe-they-actually-exist/ (Accessed 26/02/2016).
  47. Witchcraft Suppression Act of 1957, No 3. Republic of South Africa. Pretoria: Government Printers; 1957.
  48. Abolition of Corporal Punishment Act of 1997, No 33. Republic of South Africa. Pretoria: Government Printers; 1997.
  49. 10 Terrifying facts about witches that will make you believe they actually exist. Available from http://thoughtcatalog.com/james-b-barnes/2014/10/10-terrifying-facts-about-witches-that-will-make-you-believe-they-actually-exist/ (Accessed 26/02/2016).
  50. Witchcraft Suppression Act of 1957, No 3. Republic of South Africa. Pretoria: Government Printers; 1957.
  51. South African Pagan Rights Alliance (SAPRA).Available from http://www.paganrightsalliance.org/about-sapra/ (Accessed 20/02/2016).
  52. Abolition of Corporal Punishment Act of 1997, No 33. Republic of South Africa. Pretoria: Government Printers; 1997.
  53. 10 Terrifying facts about witches that will make you believe they actually exist. Available from http://thoughtcatalog.com/james-b-barnes/2014/10/10-terrifying-facts-about-witches-that-will-make-you-believe-they-actually-exist/ (Accessed 26/02/2016).
  54. Mpumalanga Witchcraft Suppression Bill. Available from http://en.wikipedia.org/wiki/Mpumalanga_Witchcraft_Suppression_Bill (Accessed 20/02/2016).
  55. Witchcraft Suppression Act of 1957, No 3. Republic of South Africa. Pretoria: Government Printers; 1957.
  56. Abolition of Corporal Punishment Act of 1997, No 33. Republic of South Africa. Pretoria: Government Printers; 1997.
  57. 10 Terrifying facts about witches that will make you believe they actually exist. Available from http://thoughtcatalog.com/james-b-barnes/2014/10/10-terrifying-facts-about-witches-that-will-make-you-believe-they-actually-exist/ (Accessed 26/02/2016).
  58. Abolition of Corporal Punishment Act of 1997, No 33. Republic of South Africa. Pretoria: Government Printers; 1997.
  59. 10 Terrifying facts about witches that will make you believe they actually exist. Available from http://thoughtcatalog.com/james-b-barnes/2014/10/10-terrifying-facts-about-witches-that-will-make-you-believe-they-actually-exist/ (Accessed 26/02/2016).
  60. Abolition of Corporal Punishment Act of 1997, No 33. Republic of South Africa. Pretoria: Government Printers; 1997.
  61. 10 Terrifying facts about witches that will make you believe they actually exist. Available from http://thoughtcatalog.com/james-b-barnes/2014/10/10-terrifying-facts-about-witches-that-will-make-you-believe-they-actually-exist/ (Accessed 26/02/2016).
  62. Witchcraft Suppression Act of 1957, No 3. Republic of South Africa. Pretoria: Government Printers; 1957.
  63. Make witchcraft a criminal offence. Available from http://thoughtleader.co.za/traps/2010/01/13/make-witchcraft-a-criminal-offence (Accessed 19/10/2014).
  64. Witchcraft Suppression Act of 1957, No 3. Republic of South Africa. Pretoria: Government Printers; 1957.
  65. Witchcraft Suppression Act of 1957, No 3. Republic of South Africa. Pretoria: Government Printers; 1957.
  66. Abolition of Corporal Punishment Act of 1997, No 33. Republic of South Africa. Pretoria: Government Printers; 1997.
  67. 10 Terrifying facts about witches that will make you believe they actually exist. Available from http://thoughtcatalog.com/james-b-barnes/2014/10/10-terrifying-facts-about-witches-that-will-make-you-believe-they-actually-exist/ (Accessed 26/02/2016).
  68. Abolition of Corporal Punishment Act of 1997, No 33. Republic of South Africa. Pretoria: Government Printers; 1997.
  69. 10 Terrifying facts about witches that will make you believe they actually exist. Available from http://thoughtcatalog.com/james-b-barnes/2014/10/10-terrifying-facts-about-witches-that-will-make-you-believe-they-actually-exist/ (Accessed 26/02/2016).
  70. Abolition of Corporal Punishment Act of 1997, No 33. Republic of South Africa. Pretoria: Government Printers; 1997.
  71. 10 Terrifying facts about witches that will make you believe they actually exist. Available from http://thoughtcatalog.com/james-b-barnes/2014/10/10-terrifying-facts-about-witches-that-will-make-you-believe-they-actually-exist/ (Accessed 26/02/2016).
  72. Abolition of Corporal Punishment Act of 1997, No 33. Republic of South Africa. Pretoria: Government Printers; 1997.
  73. 10 Terrifying facts about witches that will make you believe they actually exist. Available from http://thoughtcatalog.com/james-b-barnes/2014/10/10-terrifying-facts-about-witches-that-will-make-you-believe-they-actually-exist/ (Accessed 26/02/2016).
  74. Abolition of Corporal Punishment Act of 1997, No 33. Republic of South Africa. Pretoria: Government Printers; 1997.
  75. Women, witchcraft and the struggle against abuse. Stop violence against women. Available from http://www.parliamentofreligions.org/content/women-witchcraft-and-struggle-against-abuse (Accessed 19/10/2014).
  76. 10 Terrifying facts about witches that will make you believe they actually exist. Available from http://thoughtcatalog.com/james-b-barnes/2014/10/10-terrifying-facts-about-witches-that-will-make-you-believe-they-actually-exist/ (Accessed 26/02/2016).
  77. Ludsin H. Cultural Denial: What South Africa’s Treatment of Witchcraft Says for the Future of its Customary Law. Berkeley J Inter Law, 2003; 21(1): 63-110.
  78. Abolition of Corporal Punishment Act of 1997, No 33. Republic of South Africa. Pretoria: Government Printers; 1997.
  79. Witchcraft presents puzzle. Sunday Times, 2014 Oct 19, p. 10.
  80. Traditional Healers Organisation. (THO) Traditional healing and the law. Available from http://www.traditionalhealth.org.za/t/traditional_healing_and_law.html (Accessed 30/04/2014).
  81. Leaders behind ritual murders. Study fingers police, politicians and healers for deaths. Sowetan, 2014 July 28: p. 5.
  82. Witchcraft Suppression Act of 1957, No 3. Republic of South Africa. Pretoria: Government Printers; 1957.
  83. Witchcraft Suppression Act, 1957. Available from http://en.wikipedia.org/wiki/Witchcraft_Suppression_Act,_1957 (Accessed 20/92/2016).
  84. Witchcraft Suppression Amendment Act of 1960, No 50. Republic of South Africa. Pretoria: Government Printers; 1970.
  85. Abolition of Corporal Punishment Act of 1997, No 33. Republic of South Africa. Pretoria: Government Printers; 1997.
  86. Witchcraft presents puzzle. Sunday Times, 2014 Oct 19, p. 10.
  87. South African Pagan Rights Alliance (SAPRA).Available from http://www.paganrightsalliance.org/about-sapra/ (Accessed 20/02/2016).
  88. Mpumalanga Witchcraft Suppression Bill. Available from http://en.wikipedia.org/wiki/Mpumalanga_Witchcraft_Suppression_Bill (Accessed 20/02/2016).
  89. Mazibila S. MEC calls for action against killings. Sowetan, 2014 July 28; p. 5.
  90. Mazibila M. Leaders behind ritual murders. Sowetan, 2014 July 28; p. 5.
  91. Abolition of Corporal Punishment Act of 1997, No 33. Republic of South Africa. Pretoria: Government Printers; 1997. 149Abolition of Corporal Punishment Act of 1997, No 33. Republic of South Africa. Pretoria: Government Printers; 1997.
  92. Mpumalanga Witchcraft Suppression Bill. Available from http://en.wikipedia.org/wiki/Mpumalanga_Witchcraft_Suppression_Bill (Accessed 20/02/2016).
  93. South African Pagan Rights Alliance (SAPRA).Available from http://www.paganrightsalliance.org/about-sapra/ (Accessed 20/02/2016).
  94. Review of Witchcraft Suppression Act update. Available from http://www.paganrightsalliance.org/.review-of-witchcraft-suppression-act-update/ (Accessed 20/02/2016).
  95. Polisie het 40 lede wat net werk aan ‘X-files’, sê minister. Beeld, 2014 Nov 5; p. 2.
  96. Polisie het 40 lede wat net werk aan ‘X-files’, sê minister. Beeld, 2014 Nov 5; p. 2.
  97. South African Statistics. Republic of South Africa. Pretoria: Government Printers; 201226.
  98. Boon M. The African Way. The power of interactive leadership. Sandton: Zebra Publishers; 1996.
  99. Hund J. Witchcraft and accusations of witchcraft in South Africa: Ontological denial and the suppression of African justice. Competitive and Inter Law J of SA, 2000; 33 (3): 366-89.
  100. Jesus must come back. Available from http://www.sowetanlive.co.za/news/2014/09/01/jesus-must-come-back-zuma
  101. Zuma calls for speedy Second Coming. Available from http://www.news24.com/SouthAfrica/News/Zuma-calls-for-a-speedy-Second-Coming-20141228 (Accessed 16/02/2016).
  102. JZ’s own words in black and white. Sunday Times, 2014 May 18; p. 19.
  103. Mthombothi B. We will just have to wait out Zuma and his cabinet of cronies. Sunday Times, 2014 June 1; p. 19.
  104. Ndebele N. Time to shed blackness for new, human identity. Sunday Times, 2014 Apr 13; p. 18.
  105. Adjustment of Fines Act of 1991, No 101. Republic of South Africa. Pretoria: Government Printers; 1991.
  106. Mpumalanga Witchcraft Suppression Bill. Available from http://en.wikipedia.org/wiki/Mpumalanga_Witchcraft_Suppression_Bill (Accessed 20/02/2016).
  107. Boon M. The African Way. The power of interactive leadership. Sandton: Zebra Publishers; 1996.
  108. New law will make sangomas watch their bones. Health Systems Trust 2014. Available from http://www.hst.org.za/news/new-law-will-make-sangomas-watch-their-bones (Accessed 03/12/2014).
  109. Neo-paganism in South Africa. Available from http://en.wikipedia.org/wiki/Neopaganism_in_South_Africa (Accessed 20/08/ 2014).
  110. , 150South African Pagan Rights Alliance (SAPRA).Available from http://www.paganrightsalliance.org/about-sapra/ (Accessed 20/02/2016).
  111. Witchcraft Suppression Act, 1957. Available from http://www.justice.gov.za/legislation/acts/1957-003.pdf (Accessed 19/10/2014).
  112. The 1957 Witchcraft Act. Available from http://www.quackdown.info/article/1957-witchcraft-act/ (accessed 19/10/2014).9.
  113. South African Pagan Rights Alliance (SAPRA).Available from http://www.paganrightsalliance.org/about-sapra/ (Accessed 20/02/2016).
  114. Mpumalanga Witchcraft Suppression Bill. Available from http://en.wikipedia.org/wiki/Mpumalanga_Witchcraft_Suppression_Bill (Accessed 20/02/2016).
  115. ibid.
  116. Polisie het 40 lede wat net werk aan ‘X-files’, sê minister. Beeld, 2014 Nov 5; p. 2.
  117. Witchcraft Suppression Act of 1957, No 3. Republic of South Africa. Pretoria: Government Printers; 1957.
  118. Neo-paganism in South Africa. Available from http://en.wikipedia.org/wiki/Neopaganism_in_South_Africa (Accessed 20/08/ 2014).
  119. Adjustment of Fines Act of 1991, No 101. Republic of South Africa. Pretoria: Government Printers; 1991.
  120. Abolition of Corporal Punishment Act of 1997, No 33. Republic of South Africa. Pretoria: Government Printers; 1997.
  121. Review of Witchcraft Suppression Act update. Available from http://www.paganrightsalliance.org/.review-of-witchcraft-suppression-act-update/ (Accessed 20/02/2016).
  122. New law will make sangomas watch their bones. Health Systems Trust 2014. Available from http://www.hst.org.za/news/new-law-will-make-sangomas-watch-their-bones (Accessed 03/12/2014).
  123. Abolition of Corporal Punishment Act of 1997, No 33. Republic of South Africa. Pretoria: Government Printers; 1997.
  124. Mpumalanga Witchcraft Suppression Bill. Available from http://en.wikipedia.org/wiki/Mpumalanga_Witchcraft_Suppression_Bill (Accessed 20/02/2016).
  125. Abolition of Corporal Punishment Act of 1997, No 33. Republic of South Africa. Pretoria: Government Printers; 1997.
  126. Civil Union Act of 2006, No 17. Republic of South Africa. Pretoria: Government Publishers; 2006.
  127. Briggs R. Early Modern France 1560-1715. Oxford: Oxford University Press; 1998.
  128. Divine intervention in a spooky realm. Sunday Times, 2014 Aug 24; p. 14.
  129. Kors AC, Peters E. Witchcraft in Europe 1100-1700: A Documentary History. Philadelphia: University of Pennsylvania Press; 1992
  130. Cronje J. SA fighter speaks on Islamic State video. Saturday Star, 2014 Aug 16; p. 6.
  131. Malan, K. Agteruitgang. Beeld, 2014 Sept 10; p. 13.
  132. Titus D. Ons het ‘n nuwe ingryping nodig. Beeld, 2014 Aug 7; p. 18.
  133. Witchcraft Suppression Act of 1957, No 3. Republic of South Africa. Pretoria: Government Printers; 1957.
  134. Neo-paganism in South Africa. Available from http://en.wikipedia.org/wiki/Neopaganism_in_South_Africa (Accessed 20/08/ 2014).
  135. The Traditional Health Practitioners Act of 2007, No 22. Republic of South Africa. Pretoria: Government Printers; 2007.
  136. South African Pagan Rights Alliance (SAPRA).Available from http://www.paganrightsalliance.org/about-sapra/ (Accessed 20/02/2016).
  137. Witchcraft Suppression Act, 1957. Available from http://www.justice.gov.za/legislation/acts/1957-003.pdf (Accessed 19/10/2014).
  138. Witchcraft Suppression Act of 1957, No 3. Republic of South Africa. Pretoria: Government Printers; 1957.
  139. Witchcraft Suppression Act, 1957. Available from http://en.wikipedia.org/wiki/Witchcraft_Suppression_Act,_1957 (Accessed 20/92/2016).
  140. Abolition of Corporal Punishment Act of 1997, No 33. Republic of South Africa. Pretoria: Government Printers; 1997. 151Wiechers M. Nog van koers af ondanks goeie wet Rapport, 2014 Sept 9; p.13.
  141. South African Law Reform Commission (SALRC). The Review of the Witchcraft Suppression Act 3 of 1957. Department of Justice and Constitutional Development, Issue Paper 29, Project 135. Pretoria: Government Printers; 9 Sept 2014. Available from http://www.justice.gov.za/salrc/ipapers/ip29-prj135-Witchcraft-2014.pdf (Accessed 26/02/2016).
  142. Ward TP. South Africa’s Witchcraft Suppression Act ruled unconstitutional. Available from http://www.wildhunt.org/2016/01/south-africa’s-witchcraft-suppression-act-ruled-unconstitutional.html (Accessed 26/02/2016).
  143. Witchcraft Suppression Act of 1957, No 3. Republic of South Africa. Pretoria: Government Printers; 1957.
  144. Witchcraft Suppression Act, 1957. Available from http://en.wikipedia.org/wiki/Witchcraft_Suppression_Act,_1957 (Accessed 20/92/2016).
  145. Witchcraft Suppression Act, 1957. Available from http://en.wikipedia.org/wiki/Witchcraft_Suppression_Act,_1957 (Accessed 20/92/2016).
  146. Adjustment of Fines Act of 1991, No 101. Republic of South Africa. Pretoria: Government Printers; 1991.
  147. Justice Law Rationalisation Act of 1996, No 18. Republic of South Africa. Pretoria: Government Printers; 1996.