Witchcraft law clashes with African beliefs, argues University of the Western Cape researcher

TimesLIVE

18 hours ago

A South African researcher from the University of the Western Cape is calling for the repeal of the Witchcraft Suppression Act 3 of 1957, arguing it is a colonial relic that continues to marginalise African cultural and spiritual practices.
Happyness Nokwatu Raselabe, a forensic linguist, recently completed her master's research at the University of the Western Cape (UWC) and contributed a chapter to the book titled Courtroom discourse: practical insights from legal linguists, where she looked at the intercultural void that exists in South African law, with a particular focus on the Witchcraft Suppression Act, which is still in place more than 60 years later.
Her study is titled Ityala ngumphikwa: Evidence lost in translation and interpretation — a critical analysis of language implications during court trials and focuses on how language barriers and outdated laws continue to disadvantage black South Africans in the justice system.
'My research critically analyses how language impacts court trials,' she said. 'I used a case I found at the Western Cape Archive Library titled Sityodana Mseswa, which was judged under the Witchcraft Suppression Act,' she said.
Raselabe argues that this law contradicts more recent legislation, such as the Traditional Health Practitioners Act 22 of 2007, which recognises traditional healers. Raselabe believes the Witchcraft Suppression Act is a direct attack on traditional healers and people who practise African spirituality.
'You cannot have the Witchcraft Suppression Act, which suppresses the people who believe in 'witchcraft' and have the Traditional Health Practitioners Act. The Witchcraft SuppressionAct opposes everything the Traditional Health Practitioners Act was meant to correct,' she said.
'Traditional healers, diviners and any spiritual practice were umbrellaed under the WSA, resulting in abathandazeli [prophets/faith healers], amagqirha [traditional healers] and all other African spirituality practitioners practising in secret as they were prone to being labelled witches and risked being charged under this act.'
Beyond the law itself, Raselabe's research also shines a light on the dominance of English in court proceedings, which she says disadvantages non-English speakers and wastes resources. 'Why not introduce African languages as languages of record in courts?' she asked. 'It's a waste of resources, taxpayers' money, and time.'
She commended chief justice Mandisa Maya for once delivering a verdict in isiXhosa, saying: 'Our constitution advocates for the promotion of African languages. If we are indeed serious about ensuring that all languages are on the same parity, we must be serious about diversifying the language of records in courts.'
In conducting her research, Raselabe had to dig through old court records, some handwritten in cursive from the 1950s and speak to elders, including getting insights from her grandmother who is over 100 years old.
She also used her background in forensic linguistics, customary law and indigenous knowledge systems to explore how South African laws do not fully reflect African traditions and ways of life.
'You cannot expect people to abide by laws they do not understand or that are not written in their home language,' said Raselabe.
One of her key findings was that despite public proposals to repeal the act, it remains in effect. 'We are still living in a highly Westernised system,' she said. 'We are moving at a snail's pace. We need to do something. We need to repeal these laws.'
In her view, the legal definition of witchcraft remains rooted in colonial ideology. 'When we speak of witchcraft, what is that? How do you even define witchcraft ngeSintu [from indigenous perspectives]?' she asked. 'The concept of witchcraft in African cultures is more of a principle. The Western understanding does not align with our beliefs.'
Raselabe hopes her research will raise awareness and pressure policymakers into action. 'I'm hoping that it will push the South African Law Reform Commission to get a move on. We need laws that reflect the majority of citizens.'
She added that proper consultation was key: 'When the Witchcraft Suppression Act was put in place, there were no consultations. If we want to repeal it now, we must speak to the custodians of the traditions and the culture.'
Her advice to other researchers: read widely, consult elders and confirm every source. 'Read as much as possible and engage with as many people as you can.'
Raselabe has since completed her Master's degree at UWC and expanded her research to compare African and Western understandings of legal concepts such as adoption, abduction, defamation and ukuthwala.