18th September 2025
By: Niza Siame
In a historic legal case in Zambia, two men Leonard
Phiri, a Zambian national and Jasten Mabulesse Candunde, a Mozambican were
sentenced to two years imprisonment for attempting to use witchcraft to
assassinate President Hakainde Hichilema. The men were convicted under the
Witchcraft Act following their arrest in December 2024, marking the first
instance in Zambia where individuals faced trial for allegedly using witchcraft
against a sitting president.
The salient sections
of the Witchcraft Act that were in dispute in the landmark witchcraft trial
targeting Zambia's president are primarily those criminalizing the practice of
witchcraft with intent to cause harm.[1]
The two men were charged and convicted under the Zambia Witchcraft Act
(established in 1914), section 2 of the Act defines the practice of witchcraft
as "the pretence of wielding any
form of supernatural abilities, sorcery or enchantment aimed at instilling
fear, annoyance or harm".[2]
Key to the court's interpretation was section 11 that criminalize possessing
and using charms or ritual objects with intent to harm, such as the bottled
chameleon, animal tails and potions found in the accused's possession.[3]
These provisions made it possible for the court to interpret their possession
and alleged use of charms as a substantive offense, resulting in their arrest
and two-year imprisonment with hard labour.[4]
The court emphasized
that the accused admitted to owning the charms and that the ritual involving
these items was intended to cause death to President Hakainde Hichilema within
five days.[5]
The legal dispute hinged on this interpretation of the Witchcraft Act's
sections relating to causation of harm through supernatural means, which are
still criminalized despite tensions with constitutional guarantees of freedom
of belief in Zambia.[6]
These specific sections 6 and 11 of the Witchcraft Act were thus critical in
allowing the prosecution and court to convict the accused for practicing
witchcraft with harmful intent against the sitting president.[7]
The legal significance of this article about the
first trial case involving two men arrested for using witchcraft against the
President of Zambia is multifaceted:
Reinforcement
of the Witchcraft Act
The trial underscores the continued enforcement and
relevance of the Witchcraft Act (Chapter 90 of the Laws of Zambia), a
colonial-era statute that criminalizes the practice and use of witchcraft and
related supernatural means. The conviction sends a message that the Zambian
legal system remains willing to prosecute alleged witchcraft practices,
particularly where such acts are seen as threats to public order and national
security, such as attempts against the head of state.[8]
Legal
Challenges of Witchcraft Cases
The case highlights enduring challenges within the
legal framework, such as proving the practice of witchcraft beyond reasonable
doubt given the vague definitions and cultural nuances of what constitutes
witchcraft. This difficulty is compounded by the Act’s broad and sometimes
ambiguous provisions, which lack clear procedural guidelines for evidentiary
standards. Courts must balance cultural beliefs with the need for objective
proof, a task the judiciary has struggled with in prior cases.[9]
Precedent
for National Security and Witchcraft
By convicting individuals for witchcraft aimed at
assassinating the president, this case sets a precedent that witchcraft
accusations can be treated as serious criminal acts with implications for
national security. It establishes a legal recognition that alleged supernatural
practices can be subject to penal sanctions when linked to harm or threats
against public figures, thereby integrating traditional beliefs into the formal
criminal justice framework.[10]
Cultural
and Political Dimensions
The trial has significant cultural importance as it
reflects common beliefs in witchcraft among a large portion of the Zambian
population, while also illustrating tensions between traditional practices and
modern state institutions. Politically, it shows the state's readiness to act
decisively against individuals believed to be involved in plots against
political leaders, reinforcing the rule of law and stability but also raising
concerns about potential misuse in political conflicts.[11]
Call for
Reform
The case reignites debates among legal scholars and
traditional leaders about reforming or repealing the Witchcraft Act due to its
colonial origins and vague provisions. Critics argue that the Act’s current
form may not adequately protect accused persons’ rights or fit contemporary
legal standards, suggesting a need for legislative updates to clarify
definitions, evidentiary standards and protections against abuse.
In summary, this trial’s legal significance lies in
its affirmation of the Witchcraft Act’s applicability, challenging evidentiary
and definitional issues in witchcraft-related prosecutions, emphasizing
national security concerns, exposing cultural and political complexities and
catalyzing discussion on legal reform.
[1]Witchcraft Act, Chapter 90 of the Laws of Zambia, Act
No. 5 of 1914, https://www.parliament.gov.zm/sites/default/files/documents/acts/Witchcraft%20Act.pdf accessed 17 September 2025.
[2] Ibid
[3] Ibid
[4] Associated Press News, '2 men sentenced to prison in
Zambia for plotting to kill the president using witchcraft' (AP News, 15
September 2025) https://apnews.com/article/zambia-witchcraft-court-africa-trial-hichilema-ff02d278bae0133fed72effb1373c334 accessed 17 September 2025.
[5] The East African, 'Two men jailed for trying to
bewitch Zambian President Hichilema' (The East African, 16 September 2025) https://www.theeastafrican.co.ke/tea/news/southern-africa/two-men-jailed-trying-to-bewitch-zambian-president-hichilema-5195710 accessed 17 September 2025.
[6] Dr Keith Silika, 'Cursed Justice: Zambia's Witchcraft
Trials and the Struggle for Evidence-Based Law' (The International Network, 4
April 2025) https://www.theinternationalnetwork.org/blog/zambiacase accessed 17 September 2025.
[7] Ibid (n1)
[8] Dickson Jere Bande, 'Witches get Stitches: Analyzing
the Legal Framework of the Witchcraft Act, Cap 90 of the Laws of Zambia'
(LinkedIn, 11 August 2022) https://www.linkedin.com/pulse/witches-get-stitches-analyzing-legal-framework-witchcraft-bande accessed 17 September 2025.
[9] Studocu, 'What Constitutes the Practice of Witchcraft
in Zambia' (Studocu, 25 January 2023) https://www.studocu.com/row/messages/question/11240122/what-constitutes-the-practice-of-witchcraft-in-zambia accessed 17 September 2025.
[10] Ibid (n4)
[11] Ibid
