Witchcraft Act

This section gives the Act its short title: the Witchcraft Act.

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Jurisdiction: Malawi
Instrument: Act or statute
Citation: Act 4 of 1911
Version: 31 Dec 2014
Language: en
Official source: View official record ↗

Citation provenance: source:mw:malawilii · schema StatuteEnrichmentPublicV1.

citation and title compliance employment offences offences and penalties penalties public safety reporting rule-making witchcraft allegations

Statute overview

About this statute

This section gives the Act its short title: the Witchcraft Act. Trial by ordeal using muabvi, poison, fire, boiling water, or any other deadly or injurious ordeal is prohibited. This section makes it an offence to direct, organize, attend, or help with a prohibited trial by ordeal, or to handle poison meant for that purpose. A person must not accuse, name, or indicate another person as a witch, wizard, or as practicing witchcraft, except when giving information to a court, police officer, Chief, or other proper authority. A person must not employ or ask someone else to identify a supposed offender by non-natural means; doing so can lead to a £25 fine and up to five years’ imprisonment.

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Provisions of Witchcraft Act

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1
Short title
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AI-assisted research summary: This section gives the Act its short title: the Witchcraft Act.

1. Short title This Act may be cited as the Witchcraft Act.
2
Section 2
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AI-assisted research summary: Trial by ordeal using muabvi, poison, fire, boiling water, or any other deadly or injurious ordeal is prohibited.

2. Prohibition of trial by certain ordeals Trial by the ordeal of muabvi or other poison, fire, boiling water, or by any ordeal which is likely directly or indirectly to result in the death of or bodily injury to any person shall be and is hereby prohibited.
3
Instigating, directing, etc., trial by prohibited ordeals
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AI-assisted research summary: This section makes it an offence to direct, organize, attend, or help with a prohibited trial by ordeal, or to handle poison meant for that purpose.

3. Instigating, directing, etc., trial by prohibited ordeals (1) Any person who directs or controls or presides at any trial by ordeal which is prohibited by this Act shall be liable to imprisonment for seven years: (2) Any person who within Malawi instigates or conspires or confederates or agrees to hold a trial by ordeal which is prohibited by this Act, whether the same is to be held within Malawi or elsewhere, shall be liable to imprisonment for seven years. Provided that where any such trial as mentioned in the two foregoing subsections results in the death of any person, the person directing, controlling or presiding at such trial and the person instigating any such trial or conspiring, confederating or agreeing to hold any such trial shall be liable to imprisonment for life or for the shorter term. (3) Being present at trial by prohibited ordeal Any person who is present at or takes any part in any trial by ordeal which is prohibited by this Act shall be liable to a fine of £5 and to imprisonment for one year: Provided that no person shall be punished in respect of the same trial by ordeal under this and the last preceding subsection. (4) Making etc., poison for trial by prohibited ordeal Any person who collects, makes, sells, or assists or takes part in making or selling, or has in his possession any poison or thing which is intended to be used for the purposes of any trial by ordeal which is prohibited by this Act shall be liable to a fine of £5 and to imprisonment for one year. An African found in possession of muabvi or other poison commonly used for the purpose of trial by ordeal shall be deemed to have committed an offence under this section unless he shall prove that such poison was not intended for such purpose.
4
Charging person with witchcraft
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AI-assisted research summary: A person must not accuse, name, or indicate another person as a witch, wizard, or as practicing witchcraft, except when giving information to a court, police officer, Chief, or other proper authority.

4. Charging person with witchcraft Any person who, otherwise than in laying information before a court, a police officer, a Chief, or other proper authority, accuses any person with being a witch or with practicing witchcraft or names or indicates any person as being a witch or wizard shall be liable to a fine of £25 and to imprisonment for five years.
5
Employment of witch-finder
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AI-assisted research summary: A person must not employ or ask someone else to identify a supposed offender by non-natural means; doing so can lead to a £25 fine and up to five years’ imprisonment.

5. Employment of witch-finder Any person who employs or solicits any other person to name or indicate by the use of any non-natural means any person as the perpetrator of any alleged crime or other act complained of shall be liable to a fine of £25 and to imprisonment for five years.
6
Pretending witchcraft
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AI-assisted research summary: A person who says or acts as if they are a wizard or witch, or have witchcraft power, can be fined £50 and imprisoned for 10 years.

6. Pretending witchcraft Any person who by his statements or actions represents himself to be a wizard or witch or as having or exercising the power of witchcraft shall be liable to a fine of £50 and to imprisonment for ten years.
7
Chiefs and Headmen permitting, etc., prohibited trials by ordeal
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AI-assisted research summary: Chiefs and Headmen must not allow prohibited trials by ordeal and must report known or intended trials to the District Commissioner without delay.

7. Chiefs and Headmen permitting, etc., prohibited trials by ordeal Any Chief or Headman who directly or indirectly permits, promotes, encourages or facilitates any trial by ordeal which is prohibited by this Act, or who knowing of such trial or intended trial does not forthwith report the same to the District Commissioner of the District in which such trial has been or is intended to be held, shall be liable to a fine of £25 and to imprisonment for five years. Every Chief or Headman within whose territory or village any prohibited trial by ordeal takes place shall be deemed to have committed an offence under this section, unless he shall prove that as a matter of fact he was justifiably ignorant of such trial or intended trial.
8
Profession of witchcraft illegal
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AI-assisted research summary: Witchfinding, witchdoctoring, and making or mixing poison as a profession are declared illegal, and anyone who does so or pretends to do so is guilty of felony and may be imprisoned for life.

8. Profession of witchcraft illegal The profession or calling of witchfinder or witchdoctor or of professional maker or mixer of poison is hereby declared to be an illegal calling and every person exercising or pretending to exercise such calling or profession shall be guilty of felony and shall be liable to imprisonment for life.
9
Using charms, lots, etc
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AI-assisted research summary: A person must not use or help use any lot or charm for the purpose of committing an unlawful act.

9. Using charms, lots, etc Any person who shall use or assist in using any lot or charm with a view to the commission of any unlawful act shall be liable to a fine of £5 and to imprisonment for one year
10
Section 10
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AI-assisted research summary: This Act does not remove liability to the death penalty for a person who commits willful murder under a pretense of trial by ordeal or using any lot or charm.

10. Act not to affect liability for willful murder Nothing in this Act shall affect the liability to the death penalty of any person who under a pretense of trial by ordeal or of using any lot or charm commits willful murder.
11
Power to make Rules
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AI-assisted research summary: The Minister has power to make Rules to better carry this Act into effect, and those Rules may include fines up to £5 and imprisonment up to one year.

11. Power to make Rules The Minister shall have power to make Rules for the better carrying into effect of this Act and such Rules may impose fines not exceeding £5 and imprisonment not exceeding one year

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Witchcraft Act

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