Witchcraft accusation-related violence remains a persistent and under-recognized form of gender-based harm in South Africa. Rooted in deeply held cultural beliefs and collective fears, this violence is most often directed at elderly, marginalized women accused of causing harm through supernatural means. While belief in witchcraft is a widespread and socially embedded reality, the South African legal system, shaped by colonialism and Western legal rationality, continues to treat such belief as irrational and criminal. The Witchcraft Suppression Act 3 of 1957, a legacy of apartheid-era legislation, conflates belief with harm, contributing to the marginalization of cultural identities and failing to offer meaningful protection to victims. This chapter traces the historical and legal trajectory of witchcraft regulation in South Africa, critically interrogating its gendered impacts and the limitations of deterrence-based responses. It argues for a shift toward a culturally responsive, gender-aware legal framework grounded in legal pluralism, ubuntu, and therapeutic jurisprudence. Drawing on the recommendations of the South African Law Reform Commission and the National Strategic Plan on Gender-Based Violence and Femicide, the chapter calls for integrated statutory and non-statutory interventions that center community engagement, traditional leadership, and survivor protection. The chapter advances a vision for legal transformation that respects both constitutional rights and the lived realities of belief and harm.

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Addressing Witchcraft Accusation-Related Violence as a Form of Gender-Based Violence in South Africa

  • Chazanne Grobler

摘要

Witchcraft accusation-related violence remains a persistent and under-recognized form of gender-based harm in South Africa. Rooted in deeply held cultural beliefs and collective fears, this violence is most often directed at elderly, marginalized women accused of causing harm through supernatural means. While belief in witchcraft is a widespread and socially embedded reality, the South African legal system, shaped by colonialism and Western legal rationality, continues to treat such belief as irrational and criminal. The Witchcraft Suppression Act 3 of 1957, a legacy of apartheid-era legislation, conflates belief with harm, contributing to the marginalization of cultural identities and failing to offer meaningful protection to victims. This chapter traces the historical and legal trajectory of witchcraft regulation in South Africa, critically interrogating its gendered impacts and the limitations of deterrence-based responses. It argues for a shift toward a culturally responsive, gender-aware legal framework grounded in legal pluralism, ubuntu, and therapeutic jurisprudence. Drawing on the recommendations of the South African Law Reform Commission and the National Strategic Plan on Gender-Based Violence and Femicide, the chapter calls for integrated statutory and non-statutory interventions that center community engagement, traditional leadership, and survivor protection. The chapter advances a vision for legal transformation that respects both constitutional rights and the lived realities of belief and harm.