The Witchcraft Suppression Act of 1957: South Africa's Colonial Legal Relic

The Witchcraft Suppression Act of 1957: South Africa's Colonial Legal Relic 

In a country celebrated for having one of the most progressive constitutions in the  world, it comes as a startling revelation that South Africa still enforces a law passed  during the apartheid era that criminalizes aspects of indigenous spirituality and  traditional healing. The Witchcraft Suppression Act of 1957 (Act 3 of 1957) stands as  a troubling colonial remnant that continues to impact cultural practices and traditional healers across the nation. 

Origins and Purpose 

The Witchcraft Suppression Act was inherited from colonial Southern Rhodesian  legislation, which itself traced back to 16th-century British witchcraft laws. Rather  than criminalizing witchcraft itself, the Act targets: 

• The accusation of witchcraft 

• Claims to possess supernatural powers 

• The employment of witch-finders 

  
  

This legislation emerged as a deliberate effort to police African spiritual practices  under the guise of public safety and legal order. 

What the Act Criminalizes 

Under Section 1 of the Witchcraft Suppression Amendment Act 50 of 1970, the  following conduct still constitutes criminal offenses: 

Section 1(a): Accusing someone of causing harm (death, illness, misfortune)  through supernatural means—essentially, calling someone a witch. •

Section 1(c): Employing a witch-finder or anyone claiming to be able to  identify witches or detect bewitchment. 

Section 1(d): Claiming knowledge of witchcraft or professing the ability to  cause harm, fear, or misfortune through supernatural acts or charms. 

Violations can result in severe penalties, including fines or imprisonment for up to 10  years.

A Legal Contradiction 

The most glaring contradiction arises when considering the Traditional Health  Practitioners Act of 2007 (Act 22 of 2007), which: 

• Recognizes traditional healing as a legitimate form of health care

• Establishes a professional regulatory council for traditional health practitioners 

While this newer legislation aims to legitimize traditional healing practices, even the  amendments in the Witchcraft Suppression Act potentially criminalizes the very  same practices. Under Section 1(f), even claiming to have knowledge of any occult  science or supernatural power may constitute a criminal offense, depending on  interpretation. 

Constitutional Concerns 

The Witchcraft Suppression Act has been widely criticized for infringing upon: 

• Section 15 – Freedom of religion, belief, and opinion 

• Sections 30 & 31 – Cultural and linguistic rights 

• Section 10 – The right to dignity 

Despite these compelling criticisms and mounting pressure for reform, the Act has  not been declared unconstitutional by the courts. It continues to exist in a legally grey area—both dormant and dangerous. 

Attempts at Reform 

Recognizing the problematic nature of this legislation, the South African Law Reform  Commission (SALRC) launched Project 135, which recommended repealing the Act  entirely and replacing it with a modern framework. 

The proposed replacement, a Witchcraft and Harmful Practices Act, would: 

• Decriminalize belief in witchcraft 

• Protect people from violence associated with witchcraft accusations

• Draw a clear line between belief and harmful conduct

A discussion paper was published in 2016. However, as of 2025, no new legislation  has been enacted, leaving the outdated 1957 Act still in force. 

Real-World Impact: Witchcraft Accusations and Violence 

Despite its intention to prevent harm, the Act has done little to curb the violent reality  of witch-hunts, especially in rural provinces like Limpopo and the Eastern Cape. In  these areas: 

• Elderly women are frequently accused of witchcraft 

• Mob justice, torture, and murder remain disturbingly common

• Communities often act with impunity, and victims are left without protection 

The Witchcraft Suppression Act provides no effective remedies for these abuses, nor  does it address the underlying cultural fears that lead to such violence. 

South Africa in the African Context 

South Africa's approach is unique in that it does not criminalize witchcraft itself—only  its professed use and accusations. Other African jurisdictions take different  approaches: 

• Tanzania: Criminalizes witchcraft-related activities and has executed alleged  witches 

• Ghana: Has introduced legal protections for women targeted by witchcraft  accusations 

• Cameroon: Actively prosecutes witchcraft offenses 

In principle, South Africa's approach is more progressive, but the continued  enforcement of the Witchcraft Suppression Act undermines this claim. 

The Path Forward 

The Witchcraft Suppression Act of 1957 is not just an archaic statute—it represents  a legal contradiction that undermines traditional culture, criminalizes belief systems,  and fails to protect the most vulnerable members of society.

It is time for South Africa to repeal this law and replace it with legislation that  genuinely upholds human rights while protecting individuals from harm. Traditional  healers, accused persons, and community leaders affected by this legislation should  be aware of their rights and seek legal advice to navigate the tension between belief,  law, and culture.