Witchcraft belief and criminal responsibility: A case study of selected areas in South Africa and Zimbabwe

• Main Author: Kugara, Stewart Lee
• Other Authors: Netshandama, Vhonani
• Format: Others
• Language: en
• Published: 2017
• Subjects: Belief; Witchcraft; Customary law; Indigeneous; Knowledge systems; Western knowledge systems; Criiminal responsibilty; 306.40968; Witchcraft > South Africa; Witchchraft > Zimbabwe; Magic > South Africa; Occultism > South Africa; Occultism > Zimbabwe; Human rights > South Africa; Human rights > Zimbabwe
• Online Access: http://hdl.handle.net/11602/867

PhD (African Studies) === Centre for African Studies === This interdisciplinary study examined witchcraft beliefs and criminal responsibility in South Africa and Zimbabwe. The unshakeable deep rooted and profound cultural beliefs of African people do not find expression in written law and therefore introduce a mismatch between law as the people live it and law as contained in the statute books. The aim of this interpretive doctrinal (legal) and qualitative research study was two-fold. Firstly, it sought to evaluate and assess the influence of African value systems particularly ethical ideas on the development of criminal responsibility. Secondly, it undertook a comparative examination of the criminal responsibility of actors who commit crimes while labouring under belief in witchcraft. The research, therefore, undertook a comparative examination of the criminal responsibility of actors who commit crimes while labouring under the overpowering fear of belief in witchcraft. In that regard, the study was premised on and informed through theories of criminal punishment, a Human Rights Based Approach, psycho-analytic theory and socio-cultural theory. The primary motivation for the study was the need to address the mismatch of laws and African value systems and to add knowledge to the scholarly legal writing on beliefs in witchcraft. Explorative qualitative research methods of collecting data (case studies, semi-structured interviews and focus groups discussions) and the doctrinal methods of data collection (case law observation, newspaper reports and witchcraft legislations) were employed as the research methodologies for the purposes of this study. For social empirical findings to be useful in integrating with the legal issues, the study adopted an Indigenous Knowledge Systems (IKS) perspective. Although customary practices play a very important role in the lives of the African people, some of the rules can no longer withstand constitutional scrutiny. The research findings confirmed the mismatch that exists between the African value systems and the law. The study unveiled that the African value systems of the two countries have been affected by modernity. Also, the two countries have similar laws governing the aspect of belief in witchcraft that are weak and archaic thus introducing a lacuna in the