Five years after the Special Law Commission submitted a report and supporting Bills proposing the repeal of the Witchcraft Act of 1911, there is no action yet on the recommendations.
Law Commissioner Rosemary Kanyuka said in an interview on Friday that the commission submitted its review of the Witchcraft Act alongside that of the Citizenship Act in 2021 while the review of the Immigration Act was completed in 2023.
She said the Ministry of Justice and Constitutional Affairs was yet to take the recommendations through the legislative process.
Kanyuka said the delays mean that some of the proposed Bills needed to be revisited to ensure they remained relevant.
She said the proposed reforms to the Witchcraft Act were designed to protect people from harm arising from accusations or suspicions of witchcraft which lead to witchcraft-related violence, including incidents in the Shire Valley where several people lost their lives following accusations of witchcraft.
Said Kanyuka: “It is okay to believe in witchcraft, but it does not become okay if I decide to harm you. Your belief is your belief. You have got a right to believe in that. But you don’t have a right to extend your belief by harming somebody else.
“So, we have put in penalties in that act that will address matters where even if you suspect that somebody is a witch, you cannot go and start harming them. That is illegal.”
In an interview last week, Minister of Justice and Constitutional Affairs Charles Mhango confirmed that the Law Commission had submitted several reports on which his ministry was yet to act.
He pledged to take it upon himself to ensure that the reports are presented to Cabinet and Parliament as soon as possible.
Mhango said the Witchcraft Act in particular needed to be reconsidered because it was inherited from the colonial era and no longer reflected the circumstances prevailing in Malawi.
Malawi Network of Older Persons’ Organisations (Manepo) said it was hopeful that the law review would finally be acted upon as older people continue to face abuse linked to witchcraft accusations.
Manepo executive director Andrew Kavala said 17 older persons were killed this year alone in incidents linked to witchcraft accusations, describing the situation as worrisome.
He said the organisation expected the law reform to address witchcraft-related abuses and strengthen protection for older persons.
The Special Law Commission, which was chaired by retired Justice of Appeal Robert Chinangwa, concluded that a majority of Malawians believe in witchcraft and that such beliefs cannot be suppressed through legislation.
It recommended that the law should recognise the existence of witchcraft, arguing that failure to do so would amount to failing to recognise realities within Malawian society.
The commission defined witchcraft as a supernatural art or unnatural act, use of magic, practiced within the spiritual realm or in secret, in words or deeds for purpose of causing harm to a person or damage to property or death or misfortune or to incite fear or violence.
