The consideration of a belief in “witchcraft” as a mitigating factor in sentencing is wholly inappropriate as this will not discourage further accusations of witchcraft or witch-hunts. The purpose of sentencing must be deterrence. Our courts must not lend credence to the perpetrators unproveable “beliefs” that motivated violence against the victim.
Revised Discussion Paper 158, Project 135: The Review of the Witchcraft Suppression Act 3 of 1957.
The Alliance has received an invitation from the South African Law Reform Commission to comment on a revised discussion paper for Project 135 (The Review of the Witchcraft Suppression Act 3 of 1957), released for public comment. The closing date for comment is 31 October 2022.