MLS Warns Against Criminalising Witchcraft Amid Growing National Debate
The Malawi Law Society (MLS) has raised concerns over growing calls to criminalise witchcraft, warning that Malawi risks becoming the first country in the world to enact a law prosecuting people for practicing witchcraft despite the difficulties of proving such offences in court.
The debate has intensified in recent months as sections of the public continue demanding legal recognition of witchcraft, arguing that the Constitution and existing laws do not adequately address the issue despite widespread belief in the practice across the country.
Currently, Malawi’s Witchcraft Act criminalises accusing someone of practicing witchcraft, but does not criminalise witchcraft itself. The law was framed that way because courts rely on evidence, and witchcraft has historically been considered difficult to prove through conventional legal standards.
However, rising cases of mob justice, violence and killings linked to witchcraft accusations have placed the issue back into national discussion.
In an interview with MIJ Online, MLS Chairperson Davis Njobvu said although belief in witchcraft is deeply rooted in many African societies, turning such beliefs into criminal offences would create serious legal challenges.
“This is not the first time this issue has been debated. Belief in witchcraft exists not only in Malawi but across Africa. However, our courts operate on evidence, and prosecuting witchcraft would be extremely difficult without concrete proof,” said Njobvu.
He warned that without clear evidentiary standards, the justice system could face risks of wrongful convictions and abuse of the law.
Njobvu has since called on Parliament to carefully deliberate on the matter and weigh both the potential benefits and dangers before introducing any legislation.
The debate is further complicated by public opinion. According to a 2022 Afrobarometer survey, about 74 percent of Malawians believe in witchcraft, with many supporting laws to criminalise the practice.
Supporters of criminalisation argue that recognising witchcraft in law would help communities deal with persistent fears surrounding mysterious deaths, illnesses and alleged supernatural attacks.
But critics fear such laws could legitimise superstition, fuel false accusations and worsen violence against vulnerable groups such as elderly women and people living alone, who are often targeted in witchcraft-related attacks.
Years ago, the Malawi Law Commission proposed amendments to the Witchcraft Act recommending recognition of witchcraft in law and criminalising its practice.
Among the recommendations were tougher penalties, including up to 10 years imprisonment for practicing witchcraft and the death penalty for killings connected to witchcraft accusations.
The proposals triggered strong debate among legal experts, human rights defenders and religious groups, with opponents arguing that criminalising witchcraft would undermine principles of evidence-based justice and human rights.
The renewed debate comes at a time when Malawi continues to record cases of mob violence linked to witchcraft accusations, particularly in rural areas, where suspected individuals are sometimes assaulted, banished or killed before police intervention.
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