Due to structured gender inequality resulted from African tradition, values, custom and beliefs, the essay attempts to eradicate the mythical belief of associating witchcraft to women. Women were placed in a one down position even in the realm that is supposed to be their main sphere of activity.6 That is why there is mythical belief of associating woman to witchcraft. It is how African people grew up. Bad things are actually associated with women and for that reason; witchcraft powers were also believed to be passed on in the female line. Majority of victims were the women who reflected broader attitudes within the community.7 However, according to Marxist approach, this is no longer the stage to put women in a down position. For Marx, the stage of women’s oppression was a ‘Primitive Communism.’8 This was a simples society referred to as tribal society where the division of labour was minimal and divided between men and women. During this stage only men were superior and owning private property unlike women. However, one of greatest sociologists, Dukheim, argues that through socialization women are placed in a down position. For Dukheim, socialization is the ‘process through which individual learns to be a member of the society.’9
Through socialization, girls are taught to be submissive and over-respectful of the authority of men, and men are taught that women are meant to serve their needs. As a consequence, women have less power and status and yet associated with bad things. This, in turn, led women to be the witchcraft victims and exploitation.10 However, it is argued by the report of Ralushai Commission that women were not the only one who were witches and victims and also associated with bad things. The most widely reported single episode took place in 1986 in the village of Nkwana in Sekhukhuneland during which 32 people were burned to death over a two-month period. While the executioners were young men, most of the victims were over 50 and two-thirds were female. And yet the killings have continued since the establishment of a democratic despensation.11 Moreover, belief in witchcraft is not itself a crime, but acting on that belief constitutes a crime.12
Here, the essay attempts to answer the question that witches should not be prosecuted in our new democratic and constitutional state since it has attempted to show that belief in witchcraft is not a superstition and a crime, and also to eradicate the mythical belief of associating women to witchcraft. For Nthai, South Africa is now blessed with a Constitution containing a Bill of Rights.13 This Constitution is a monument to the determination of a society to overcome the burden of its history- the evils of colonialism including the eradication of superstition ideology by missionaries and the manifold social problems that are the legacy of centuries of inequality.14 This Constitution of the Republic of South Africa is one, sovereign and democratic state founded on the values of human dignity, the achievement of equality and the advancement of human rights and freedom (section 1).15 Furthermore, calling someone a witch violates the right of someone’s dignity (section 10). However, the right to belief in witchcraft still stand and is protected by the Constitutional provision that insist the right to religion, belief and opinion (section 15), and the right to language and culture (section 30).16
Nevertheless, it also appears that any legislation dealing with witchcraft violence should be guided by the values and aspirations elegantly expressed in the aforesaid sections of the Bill of Rights. Any legislation outside the framework of the Constitution would in any case be declared invalid.17 Therefore, the Constitution in new democratic state of South Africa is the ‘Supreme law of the Republic, law or conduct inconsistence with it is invalid, and the obligations imposed by it must be fulfilled’ (section 2).18
I n the view of this essay, witches should not be prosecuted because witchcraft is a talent to Africans who perform it. Therefore, only those who force collection of money to consult diviners to sniff out witches, those who consult lawyers to represent people charged with witch-hunting or witch killing and those who encourage and participate in ritual murders and also senseless witch-hunts should be prosecuted, as also argued by Ralusahi Commission.19
In conclusion, the essay attempted to take sociological approach to relate the past to the present and to argue that belief in witchcraft is not a superstition; hence the essay sociologically attempted to eradicate the mythical belief of associating witchcraft to women. Furthermore, the essay answered the question by disagreeing with the fact that
Witches should be prosecuted in our new democratic and constitutional state.
REFERENCE LIST;
Biko, S. 1978: “Black consciousness…” in Stubbs, A (ed.): I write what I like. London; Bower dean.
Constitution of the Republic of South Africa, Act 108 of 1996.
Currie & de Waal: 2001: The New Constitutional and Administrative Laws, vol 1. Johannesburg, University of the Witwatersrand.
Germond, P. 2004: Karl Marx’s Critique of the Modern World. Johannesburg, University of the Witwatersrand.
Harnischfeger, J. 2003: ‘Witchcraft and the state in South Africa’ in Hund (ed.), Witchcraft, Violence and the Law in South Africa.
Johnson, D.P. 1986: Sociological Theory. New York, Macmillan.
Nthai, S.A: Witchcraft violence and the need for new legislation’ in Hund (ed.), 131-135.
Ralushai, N.V: ‘Summary of the Ralushai Commission Report’ in Hund (ed.) 124-130.
Van Huyssteen, E: Gender inequality in the family. Johannesburg, University of the Witwatersrand.
Witchcraft Suppression Act No.3 of 1957 in Hund (ed.) 149-150.
University of the Witwatersrand
CUSTOMARY LAW
LAWS 146
2004
Name: GUMANI MPHEPHU
STUDENT NO: 0412943D
LECTURER: WOLFHUNT
DUE DATE: august 30, 2004
ASSIGNMENT TOPIC: “SHOULD WITCHES BE PROCECUTED IN OUR NEW DEMOCRATIC AND CONSTITUTIONAL STATE.”
1 Biko, S. 1978 ; “ Black Consciousness…” in Stubbs, A (ed.). I write what I like. London, Bower dean, p
4 Ralushai, N.V: “ Summary of the Ralushai Commission Report.” In Hund (ed.), p.124.
6 Johnson, D.P. 1986: “ Sociological Theory.” New York, Macmillan, p 1o.
7 Van Huysseen, E. 2003: “ Gender in Equality in the Family.” Johannesburg, University of Witwatersrand, p 3.
8 Germond, P. 2004: “ Karl Marx’ s Critique of the Modern World.” Johannesburg, University of Witwatersrad, p. 17
11 Harnischfeger, J. 2003: ‘Witchcraft and the state in South Africa”, in J. Hund (ed), Witchcraft, Violence and the Law in South Africa, p.42..
13 Nthai, S.A: ‘Witchcraft, Violence and the need for new legislation’ in Hund (ed.), p.131.
14 Currie et al. (2002) The New Constitutional and Administrative Laws. Vol1, Juta, P.73.
15 Constitution of the Republic of South Africa, Act 108 of 1996.
17 (Note 14 above), p.79.
