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Published online by Cambridge University Press: 15 January 2018
Drawing on ethnographic research, this article reflects critically on the current involvement of the Cameroonian state in witchcraft accusations. Unlike other African states where witchcraft is connected to religion and culture and as such is far detached from economics and politics, post-colonial Cameroon associates witchcraft and other occult practices with being a major factor in its slow economic development. The state resorted to criminal law in its attempts to eradicate the practice. Its penal code subjects persons accused of witchcraft to imprisonment for up to ten years. This provision has been subject to great criticism, as its application has led to a high conviction rate of indigenous Cameroonians. The aim of this article is not to determine the appropriateness of this approach, but to raise questions and shed light on the various inconsistencies with criminalizing a practice that arguably constitutes an underlying basis of indigenous Cameroonian cultural heritage.
LLB (Nelson Mandela University, South Africa); LLM (University of Cape Town, South Africa); LLM (McGill University, Canada); PhD candidate and research assistant, Faculty of Law, University of Ottawa, Canada.
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3 In discussing the nature of witchcraft practice among the Azande community, Evans-Pritchard describes this practice without reference to Azande religious beliefs. As such, any relationship between witchcraft and religion within indigenous communities may not be implausible: see Evans-Pritchard, E Witchcraft, Oracles and Magic Among the Azande (1st ed, 1937, Clarendon Press) at 66Google Scholar. Also see Mesaki, ibid.
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8 This is also reflected in the fact that the nature of powers ascribed to various traditional authorities had a highly mystical connotation, emanating from a supreme god, and transcending down to the people through the intercession of ancestors. It was believed that a mystical bond existed between the authority exercised and the human agents of such authority. Ruling in this instance derived its legitimacy through ritual rites that were believed to be controlled by forces beyond human control. As such, persons in command or in authority were alleged to be morally and spiritually impaired from manipulating established norms for fear of the wrath of the gods. See Ndulo “African customary law”, above at note 1 at 94.
9 Mesaki “The evolution and essence”, above at note 2 at 171.
10 Ibid.
11 Ibid.
12 Id at 172.
13 Fisiy “Colonial and religious influences”, above at note 6 at 262–75.
14 Mesaki “The evolution and essence”, above at note 2 at 173.
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16 Ibid.
17 In modern times, they would be regarded as “a doctor in sickness, a priest in religious matters, a lawyer in legal issues, a policeman in detection and prevention of crime, a possessor of magical preparations which can increase crops and instil special skills and talents into his clients: he fills a great need in society, his presence gives assurance to the whole community”. See ibid.
18 The expansive nature of these powers resulted in parallels being drawn between the witchdoctor and the witch. Indigenous Cameroonians believe that only a stronger witch can have the power to heal another witch. As such, there is a logical validity in placing the witchdoctor as a wielder of power in the same continuum as the witch. This is so because the rationale underlying the belief in the powers of the witchdoctor is the same as that behind the fear of witchcraft. See Mesaki “The evolution and essence”, above at note 2 at 172.
19 Id at 170.
20 Ibid.
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24 Ibid.
25 Fisiy, C “Containing occult practices: Witchcraft trials in Cameroon” (1998) 41/3 African Studies Review 143 at 145CrossRefGoogle Scholar.
26 Ibid.
27 Ibid.
28 Ibid.
29 Id at 146.
30 Politically it had also become an unwritten requirement that eligibility to run for political office was largely dependent on the fact that such elite owned at least a house in his or her area of origin. This was part of the background check carried out before the validation of candidates. See id at 145.
31 The 1985 study also equated witchcraft practice to alcoholism and stressed the need to fight these abuses. It stated that failure to do so would inevitably result in a weakening of moral behaviour, which would slow down provincial development. It also highlighted that indigenous Cameroonians used witchcraft as a weapon to dispel civil servants posted to communities other than their own. See id at 146.
32 Ibid.
33 Ibid.
34 Geschiere, P and Fisiy, C “Domesticating personal violence: Witchcraft, courts and confessions in Cameroon” (1994) 64/3 Journal of the International African Institute 323 at 333CrossRefGoogle Scholar.
35 Ibid.
36 Ibid.
37 Ibid.
38 Ibid.
39 An overview of case law reflects that courts are willing to convict witches if one or more of the following circumstances are present: witchcraft accusations are initiated and supported by the village, especially when evidence of the witchdoctor is tendered in support; witchcraft accusations are followed by a confession of the accused; or witchcraft accusations are supported by overwhelming circumstantial evidence, including hearsay. See Fisiy “Containing occult practices” above at note 25 at 160.
40 Ibid.
41 Ibid.
42 See for example The People v Betta Samuel and Akama Epong KM/193c/86; Ministere Public & Mvondo c/N Jacqueline [1984] 355/COR.
43 In one case, for example, one of the accused confessed to being a witch but insisted that his sorcellerie was only used for hunting purposes and not for killing humans. Within the indigenous society, it is widely believed that the best hunters possess some form of supernatural powers. However, the court in this instance failed to take this factor into account and convicted the accused.
44 Fisiy “Containing occult practices” above at note 25 at 160.
45 Ibid.
46 Geschiere and Fisiy “Domesticating personal violence”, above at note 34 at 332.
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48 On the failure of the foreign legal systems to do more for African students, see Gower, LCB Independent Africa: The Challenge to the Legal Profession (1st ed, 1967, Harvard University Press)CrossRefGoogle Scholar.
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50 Walker, S “Witchcraft and healing in an African Christian church” (1979) 10/2 Journal of Religion in Africa 127 at 129CrossRefGoogle Scholar.
51 Ibid.
52 Ibid.
53 Ibid.
54 Ibid.
55 Id at 133.
56 Rouch, J “Introduction a l’étude de la communaute de Brego” [Introduction to the study of the Brego community] (1963) 33/1 Journal de la Société des Africanistes 17CrossRefGoogle Scholar.
57 In the case of Cameroon, the person believed to have healing powers is a witchdoctor.
58 Walker “Witchcraft and healing”, above at note 50 at 136.
59 Ibid.
60 This is unlike other religious institutions that fail to recognize and deal with the problems of evil as defined in the African context.
61 Walker “Witchcraft and healing”, above at note 50 at 128.
62 Ibid.
63 Ibid.
64 Id at 127.
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66 Ibid.
67 Ashforth, A “Witchcraft, justice and human rights in Africa: Cases from Malawi” (2015) 58/1 African Studies Review 5 at 10CrossRefGoogle Scholar.
68 Witchcraft Act CAP 7:02 of the Laws of Malawi, sec 6 states: “Any person who by his statements or actions represents himself / herself to be a wizard / witch or as having or exercising the power of witchcraft shall be liable for a fine of 50 pounds and to imprisonment for 10 years.”
69 Ashforth “Witchcraft, justice and human rights”, above at note 67 at 5.
70 Shellef The Future of Tradition, above at note 47 at 262.
71 Id at 269.
72 Id at 262.
73 Ibid.
74 Glenn, HP Legal Traditions of the World, Sustainable Diversity in Law (5th ed, 2014, Oxford University Press) at 372CrossRefGoogle Scholar.
75 Ibid.
76 Ibid.
77 Ibid.
78 Ibid.
79 Id at 375.
80 Ibid.
81 Id at 378.
82 Ibid.
83 Howes, D “Introduction: Culture in the domains of law” (2005) 20/1 Canadian Journal of Law and Society 9 at 9Google Scholar.
84 Id at 15.
85 Id at 9.
86 Id at 20.
87 Ibid.
88 Ibid.
89 Ibid.
90 Ibid.
91 Ibid.
92 Howes “Introduction: Culture” above at note 83 at 40.
93 Ibid.
94 Id at 18.
95 Ibid.
96 Ibid.
97 Ibid.
98 Fadl, KA El Speaking in God's Name: Islamic Law, Authority and Women (1st ed, 2001, One World Publications) at 92Google Scholar.
99 Delany, S Counter-Tradition: A Reader in the Literature of Dissent and Alternatives (1st ed, 1971, Basic Books) at 3Google Scholar.
100 Glenn Legal Traditions of the World, above at note 74 at 13.
101 Id at 14.
102 Ibid.
103 Ibid.
104 Ibid.
105 Ibid.
106 Waldman, MR “Tradition as modality of change: Islamic examples” (1986) 25/4 History of Religions 318 at 326CrossRefGoogle Scholar.
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