Hi Yvonne thanks for flagging this. This is not the correct legal position.

It is not possible to punish the belief in witchcraft but the law punishes the harm coming from acting out on those beliefs, so it punishes those whose the implements of witchcraft with intent to harm. https://twitter.com/yvonne_maphosa/status/1262606159925530625

So those who kill in the name of witchcraft will be charged with murder, those who beat a “witchcraft confession” out of a person are charged with assault and those who burn huts to induce confessions are charged with arson. So the Criminal Code punishes conduct not beliefs.

Those who deliberately use the implements of witchcraft are charged with intent to cause harm etc etc. The law was carefully thought through as a response to the colonial Witchcraft Suppression Act of 1898 which punished beliefs and effectively drove tsikamutanda etc underground.

The meaning and impact of the law has been poorly understood in the media, and hence the misleading impression that “witch hunting” is illegal but “witchcraft” is legal. Short story: those who cause actual harm through their beliefs are punished for the harm, not the belief.

I talk about this at great length in a story in my book ROTTEN ROW, called The Death of Wonder. It’s an area where law meets sociology with interesting results. It’s also recognition that many believe in witchcraft, but it’s the conduct that should be punished. Hope that’s clear.