Witchcraft Accusations and the Tort of Defamation in Anglophone Africa

Abstract

Witchcraft beliefs are a major cause of violence against vulnerable groups in many African countries. People accused of being witches are often ostracised/banished, physically assaulted, tortured, and/or murdered. However, there are rare instances when persons accused of being witches sue their accusers for defamation. In such cases, the courts are often invited to address whether witchcraft imputations amount to defamation and, if so, under what circumstances. The present study explores the Anglophone African courts’ attitudes towards witchcraft-related defamation claims, examining how various judicial bodies in five countries—Botswana, Ghana, Namibia, South Africa, and Tanzania—have navigated the convoluted and sometimes confusing system of legal pluralism since the 1970s. The study shows that courts in various African countries apply several principles when resolving witchcraft-related defamation claims. However, they generally concur that recklessly imputing witchcraft to a person necessarily impairs that person’s dignity and is actionable per se.