IN an extraordinary court ruling that has sent shockwaves across Africa and beyond, a Zambian magistrate sentenced two men to two years in prison with hard labour for plotting to assassinate President Hakainde Hichilema using witchcraft, marking a rare enforcement of colonial-era legislation that has ignited fierce debate about the role of supernatural beliefs in modern governance.
Magistrate Fine Mayambu on Monday handed down the sentence to Leonard Phiri, 43, a Zambian national, and Mozambican Jasten Mabulesse Candunde, 42, after they were convicted under the colonial-era Witchcraft Act of 1914 for possessing an arsenal of occult items, including a live chameleon, traditional medicines, and various charms allegedly intended to cast a deadly spell on the sitting president.
The court rejected desperate pleas for leniency from the defendants, with the magistrate ruling that “the aggravating factors outweighed mitigation” despite both men being first-time offenders who had been in custody since their arrest in December.
The Assassination Plot Unveiled
The prosecution alleged that Phiri and Candunde were hired by a fugitive former Member of Parliament to bewitch President Hichilema, in what investigators described as a politically motivated supernatural assassination attempt. Despite the defendants’ insistence that they were legitimate traditional healers, the court found them guilty on two counts under the Witchcraft Act after “the two accepted ownership of the charms” found in their possession.
The case represents an unprecedented intersection of modern politics and ancient beliefs in Zambia, where traditional supernatural practices remain deeply embedded in society alongside Christianity and other official religions. Zambia’s witchcraft law, passed in 1914, defines practising witchcraft as pretending to exercise any kind of supernatural power, sorcery, or enchantment intended to cause fear, annoyance or harm.
Magistrate Mayambu emphasised that the evidence showed the accused claimed to possess supernatural powers capable of instilling fear and causing injury, though the court notably did not rule on the actual efficacy of witchcraft itself — focusing instead on the intent to harm and the threat posed to national security.
A Continental Pattern of Supernatural Politics
This landmark Zambian case echoes similar judicial interventions across Africa, where witchcraft accusations continue to permeate political and social spheres with deadly consequences. The ruling highlights a broader continental struggle between traditional belief systems and modern legal frameworks.
In South Africa’s North West province, courts have previously convicted politicians for allegedly using witchcraft against government officials, demonstrating that supernatural accusations can reach the highest levels of political power. South African courts operate under the Witchcraft Suppression Act, which criminalises witchcraft-related violence and fraud while legally rejecting belief in actual supernatural powers.
The persistence of witchcraft-related violence remains a critical issue across sub-Saharan Africa. From fatal attacks on elderly women accused of witchcraft in South Africa’s Eastern Cape and KwaZulu-Natal provinces to mob justice and house burnings following supernatural accusations, courts across the continent regularly prosecute tangible harm stemming from witchcraft beliefs rather than validating the supernatural claims themselves.
In many cases, South African justice focuses on protecting human rights against superstition-driven violence, with judges sentencing offenders to prison terms for violent attacks provoked by witchcraft allegations while emphasising the rule of law over traditional fears.
Deep-Rooted Beliefs in Modern Society
The Zambian conviction underscores the enduring power of supernatural beliefs in African societies, with studies showing that nearly 79% of Zambians believe in witchcraft. This statistic illuminates the complex terrain where modern legal systems must navigate between respecting cultural traditions and maintaining public order.
President Hichilema himself has maintained public scepticism about the power of witchcraft, choosing to remain silent on the court’s verdict while the nation grapples with the implications of prosecuting supernatural crimes in contemporary governance. Witchcraft has also featured prominently in conversations over the protracted dispute between the government and the family of the late President Edgar Lungu over his funeral, with some people believing that the government’s insistence that he should be buried in Zambia, contrary to his family’s wishes, reflects supernatural considerations.
Colonial Laws in Modern Courts
The 1914 Witchcraft Act, rarely enforced until recent times, was originally designed to prevent fear-driven vigilantism and social unrest related to supernatural beliefs. The legislation criminalises not only the practice of witchcraft but also accusations of witchcraft, creating a legal framework that attempts to protect both alleged practitioners and accusers from violence.
Key provisions of the Act include penalties for professing knowledge of witchcraft, possessing charms or supernatural implements, employing others to use witchcraft, and causing fear or harm through supernatural means. The law also criminalises accusing someone of being a witch or attributing non-natural causes to deaths, injuries, or damages.
Courts focus on whether accused persons claimed to possess witchcraft powers rather than validating the efficacy of such powers, with penalties serving to deter fear, violence, and social disruption. The Act allows prosecution in ordinary courts, including the High Court, though proof of practice beyond a reasonable doubt remains complicated by the difficulty of defining and proving supernatural acts under legal standards.
Regional and Global Context
Similar colonial-era witchcraft laws exist across much of Africa, primarily designed to curb witch-hunts, violence, and social unrest related to supernatural fears. These laws spotlight ongoing tensions between cultural belief systems and modern legal frameworks, with courts attempting to balance respect for traditional practices with protection of human rights.
The United Nations Human Rights Council has issued special resolutions condemning harmful practices linked to witchcraft accusations and ritual attacks, particularly targeting women and vulnerable populations. UN officials have urged member states to take decisive action to eradicate these abuses while respecting cultural diversity.
Beyond Africa, witchcraft-related prosecutions continue in parts of Asia, including India, where individuals — often women — face violent accusations, mutilations, and even death for being alleged witches. Modern witch-hunts remain a global phenomenon, with legal systems worldwide struggling to address supernatural beliefs within secular judicial frameworks.
Implications for Law and Governance
The Zambian ruling sets a significant precedent for how African legal systems can address witchcraft-related threats to political stability while navigating the complex intersection of traditional beliefs and modern governance. Legal experts suggest the case demonstrates that courts can prosecute supernatural claims when they pose tangible threats to public order or national security.
The conviction also raises questions about religious freedom, cultural rights, and the appropriate role of colonial-era legislation in contemporary African societies. Critics argue that such prosecutions risk criminalising traditional practices, while supporters contend that the law protects society from fear-mongering and potential violence.
For President Hichilema’s administration, the case represents both a legal victory and a political challenge. While the conviction demonstrates the government’s ability to prosecute threats through existing legal mechanisms, it also highlights the persistent influence of supernatural beliefs in Zambian political discourse.
Public and Expert Reactions
The sentencing has generated intense debate across Zambian society, with traditional leaders, legal experts, and civil society organisations offering divergent views on the appropriateness of using colonial-era witchcraft laws in modern prosecutions.
Some legal scholars argue that the case demonstrates the continued relevance of the 1914 Act in maintaining public order, while others question whether such laws belong in contemporary legal systems. Traditional healers and practitioners have expressed concern that the ruling could lead to broader persecution of legitimate cultural practices.
The international attention garnered by the case has also sparked discussions about the role of supernatural beliefs in African politics more broadly, with commentators noting similar patterns across the continent where witchcraft accusations intersect with political power struggles.
As Zambia grapples with the implications of this landmark ruling, the case serves as a stark reminder of the complex challenges facing African legal systems as they navigate between traditional beliefs and modern governance in an increasingly interconnected world. The two-year sentences handed down to Phiri and Candunde may represent just the beginning of a broader conversation about how courts should handle the persistent influence of supernatural beliefs in contemporary African societies.
