ASH’S EFFORTS BEAR FRUIT – ANOTHER WICHCRAFT CASE DISMISSED BY COURT

THE CASE OF THE MZEMBE'S

It may seem strange that an organisation such as ASH which does not accept the reality of witchcraft should have proposed to the special law commission on the reform of the law relating to witchcraft  that the existing law inherited from the British administration should remain in force without major changes. Recent events have justified this approach.

The law is quite clear – it is unlawful to accuse anyone of being a witch. There are punishments laid down in the law for transgressors. It is unlawful for any person to make any claim to being a witch or having the powers of a witch. Consequently, there is no remedy in law for people who believe that they have been bewitched. Unfortunately, many police officers and many magistrates who are themselves firm believers in witchcraft have misrepresented or misapplied the law with those accused being charged with ‘Pretending to be a witch’ and the accusers going free. This is generally based on accusations made especially by children whose heads have been filled with nonsense by their elders that the ‘witch’ has been taking them on magic ‘planes or has been taking them at night to graveyards to feast on human flesh.

Such was the case with the Mzembe’s which, late in 2010, came to the attention of ASH. ASH’s Executive Secretary, George Thindwa, who gave the following initial report:

The Mzembes were living in Area 18 township.They were labeled as witches and afraid of mob justice, they left Area 18 and reallocated to Chinsapo township in Likuni, some 20kilometers away.

Their accusers did not leave them alone and in peace but followed them to Chinsapo. One of them disguised herself as a visitor from Blantyre and had access to their house sometime in August 2010 where she accused the children as satanists and of witchcraft.

She left and the following morning they received a phone call from a lady from  Area 18 accusing them of being witches and  being responsible for causing misery through witchcraft including death to the family of a person who was  their former neighbors  at Area 18 location.

When the Mzembes took up this issue with the Police at Area 18, they ended up being charged themselves with witchcraft- in short pretending witchcraft. And the case is in court against them. Children of the neighbor are testifying that the Mzembes come at night  from Chinsapo to Area 18 through magic; taught them witchcraf and flew to graveyards where they ate human flesh.

The outcome of the case was another victory for ASH where the magistrate has been able to apply the law correctly as Thindwa reports:

The Ruling for the Mzembes case on pretending witchcraft came to court today on 14 April at 11.30 am. ASH’s George Thindwa was in attendance.

Magistrate Gomani read his ruling this way:
1- He stated that the Court heard the evidence from the children that the Mzembes were practicing witchcraft. That they fly to America in lichelo (winnowing basket) where they drink human blood.
2- but the case before this  court was on pretending witchcraft which in short, the state witnesses should have shown that the accused by their statements or actions  pretended themselves as witches or having powers of witchcraft to the state witnesses or police.
3- the state witnesses did not show any evidence of admission on part of the accused that  they pretended witchcraft.
4- there was further no evidence paraded in the court for any statements or actions that the accused pretended witchcraft to the witnesses or the police.
5- the Magistrate said that since there was no evidence shown by the state regarding pretending witchcraft, he concluded that the prosecution failed to demonstrate to the court where it could  find the accused with a case to answer and ask them to defend themselves. He therefore found the accused, Mr Mzembe and his wife with NO CASE TO ANSWER! They were acquitted accordingly. The wife and husband were quite happy with madame shedding a tear. Those wishing to appeal his decision were asked to do so within 30 days!

This is very good outcome and we at the Association have received it with great pleasure. Those accused of witchcraft and charged of pretending witchcraft are getting justice in our Courts particularly with regard to the Lilongwe Magistrate court which is a shining model on how best to handle witchcraft cases. You may recall that 5 people were also acquitted by the same Lilongwe Magistrate court last week on 25th March!

When asked whether the Police in Lilongwe now understood the law correctly, Thindwa replied that it was not yet the case but many of the Police prosecutors are not happy with their seniors for sending them such cases.

A GOOD WEEK FOR ASH IN THE LOCAL PRESS

WITCHCRAFT APPEAL FOR COMPENSATION/CHALLENGE TO WITCHDOCTORS

Publicity seeker George Thindwa does it again by making sure that the press are fully informed of ASH's developments and activities. The Malawi News of 2nd April reported that ASH was assisting the 'witch' recently freed on appeal to sue the government for wrongful arrest and imprisonment. They also reported  that ASH would be seeking to obtain compensation for all such cases.
Additionally, the newspaper reported that ASH's open challenge to witchdoctors (asing'anga) to demonstrate their powers on him is yet to produce a challenger even thouigh the cash prize has been raised to K 500, 000 ($3,500) - a large sum in Malawi where the annual GDP per person is less than US150!


BIBLE DISCREPANCIES AND THE QUESTION OF FAITH

On 3rd April 2011, the Sunday Times in its regular and light-hearted 'Paparazzi' column highlighted the discrepancies in both the Old and New Testaments. Tongue-in-cheek, the columnist proclaimed himself to be a believer whilst highlighting the problems gaced by believers.
This is the first ocasion on which we have noted any public challenge to biblical authority in the local press. We surmise that the close relationship with the reporting and editorial staff of this newspaper group is helping to widen the debate.

ASH's HAROLD WILLIAMS CHALLENGES FACEBOOK 'FRIENDS'

 As an indication of what ASH in Malawi has to contend with here are samples of the material being posted on Facebook by some of Harold's new-found friends:

Benson Nkhoma Somba Your unbelief exposes your emerse lack of knowledge on christian faith. its easy to mock God when u still have life. by the way who provides the air u breath? that little unbelieving heart of yours who sustains it? know that there is no repetance after death! 'The Lord is not slack concerning His promise, as some men count slackness: but is longsufferng to us-ward, not willing that all should perish, but that all should come to repentance' 2 Peter 3:9Saturday at 18:33 ·

Felix Millowa Drama Conservatory A person needs divine revelation to know God. But one must be extra careful: Lucifer does provide revelation too, a contrast and adversary of God's commandment of love. It is a revelation based on greed and personal aggrandizement. With Lucifer's revelation, anything about God is inconclusive and arguable.

Enough said!

GEORGE THINDWA & GIFT TRAPENCE INVITED TO BRITISH ROYAL WEDDING

AN APRIL FOOL JOKE - AN  INDICATION OF ASH'S GROWING PUBLIC PROFILE

Friday Masese Gossip


George Thindwa, as ASH's Executive Secretary, needs no introduction to readers of this blog. Gift Trapence heads CEDEP, a local NGO dealing with 'minority' (for which read 'LGBT') rights.


We are happy that their selection reflects the higher nationalk profile that our respective organisations now have.

RELEASED 'WITCH' REUNITED WITH HER FAMILY

When in 2009 ASH Executive Secretary George Thindwa saw the original report of the conviction of Bertha Yohane and her sentencing to four years imprisonment on charges of witchcraft he swore to himeself that he would work to have her released.
She is now released after successful appeal and back with her family as the photo taken at Thindwa's home clearly shows.

Yohane expressed her gratitude:

"I had no idea that any people or organisation that did not know me personally could be so kind as to help me."

A report on the outline of the case appears under the heading "Another witch freed" in the blog of March 17, below.

ANOTHER 'WITCH' FREED

Another victory for ASH

Yohane Belita has been released by the High Court in Zomba today, 17th March. She is on her way to Lilongwe from Zomba. She will be a visitor to ASH Executive Secretary George Thindwa's home on Sunday. The appeal case had been dragging. ASH assisted by ensuring that the lawyer quickly deposited the documents of appeal and also paid travel costs for the son to be at the High Court in Zomba..

This is Yohane Belita's story:

Belita Yohane; Balaka Court.Case No. 427/2009, Balaka District.  Age 63; Offence:  Witchcraft; Sentence- 4 years imprisonment.

Belita was accused of teaching children witchcraft in November 2009. It is alleged that she was transforming them into pigs, chickens and ducks before taking them to a graveyard. Yohane denied the charge.  Modetsa Petro and Alice Umali and their children are the ones that accused her of being a witch and practicing witchcraft. These ladies organized people to beat Belita Yohane. Well wishers took Yohane to Balaka Police.

Rather than helping her, the police charged her with pretending witchcraft. Her accusers who committed an offence in line with section 4 of Malawi's Witchcraft Act were not prosecuted. Her accusers were instead used as state witnesses. The children and their mothers testified against her. At her trial, the Magistrate commented that her sister was also a witch. Clearly, Yohane could not get a fair hearing under the circumstance. She was found guilty and was convicted to 4 years imprisonment with effect from 25 November 2009. She was serving her sentence at Zomba Central Prison.

IMPRESSIONS OF ASH - AMERICAN HUMANIST VISITS MALAWI

In February of this year, I was set to visit Malawi as a part of my dissertation work at the University of Michigan. While I was there, I had hoped to once again make contact with my acquaintances at the Association for Secular Humanism in Malawi. I had been corresponding with members of the group, and had lent support to the release of three women incarcerated in Maula Prison in Lilongwe on witchcraft related crimes.

My first introduction to the Malawi chapter of ASH had been through a meeting in Blantyre. My friend, Phil Thesing, had told me about members of the group. I was immediately intrigued, particularly after I found out that they had been somewhat involved in the well known “gay marriage” case of that year. A secular group here in Malawi sounded interesting, particularly in a place where churches of various denominations occupy every corner, faith and spiritual healers peddle their services across the countryside, and belief in the spiritual and active faith are seen as essential to life as water. I imagined the incredible challenges a group like this must face in a strongly conservative context like Malawi and they immediately earned my respect.

It is difficult for people here in the United States to imagine that people can be tried for the crime of riding on magical airplanes to South Africa or for the even more serious crime of using a witchcraft hammer to kill one’s enemies and eat their flesh. It’s even more difficult to believe that educated persons in an official capacity would take such fantastical cases seriously enough to imprison people for years in deplorable conditions. In fact, when I told people here in Ann Arbor of the three women George helped release, they mostly thought I was joking, or, at the very least, become victim to a common Nigerian 419 scam. However, it is no joke for those who fall victim. The dangerous confluence of supernatural belief and the power of the state have grave implications for Malawi’s future development and stability.

The members of ASH all turned out to be some of the most interesting and dedicated people I have ever met. Conversations with George, Sam, Harold, Mgeme and others revealed not only a vast spectrum of ideas as to the role of religion in the state and the future of Malawi’s development, but also a collection of life histories and paths to becoming dedicated humanists and human rights advocates. They taught me much about humanism and about the fascinating and complex country of Malawi. Equally fascinating was the amount of publicity and the high profile the group has in Malawi. Even people I spoke with on the street knew of the organization and readily lent their opinions on belief and on the activities of ASH. Atheist and humanist groups in the United States could only wish for such wide publicity and awareness of secular issues.

I am working on a short documentary on ASH, and on the issue of religious issues in Malawi, particularly the problem of imprisoning those who have been irrationally accused of supernatural activity. I hope that it will help in generating awareness for this incredible violation of human rights, for humanist groups in developing countries and for the dangers of mixing religion with politics. I will keep all posted on the status of my short video piece (my first one ever) and any resulting feedback.

Please do not hesitate to contact me at any time. I love hearing from like-minded people.

Pete

Peter Larson

pslarson2@gmail.com

Personal blog on political, scientific and human rights topics:

www.peterslarson.com

A SECULAR SABBATH!

When I opened my (Malawi Sunday Times yesterday I could have been forgiven for thinking that it was a Secular Sabbath edition!
The regular Science & Critical Thinking column had been moved from obscurity at the tail end of the Religion section and has been given a prominent position on the inside of the Letters page. Not only that, it had been highlighted and sits opposite several of the regular columnists. Promotion!
Next came a two opposing page debate on the criminalisation/decriminalisation issue of homosexuality. Executive Secretary, George Thindwa had a page on which to argue for decriminalisation.
On the front page of the Religion section and on the following page was an article expounding Bishop Tutu's pro-gay arguments. While we humanists may not agree with the religious sentiment, it is worth repeating the closing paragraphs:
Besides what he describes as intolerance from politicians, Tutu also described the largest offence as those doing it in the name of God. He challenged them to show himwhere Jesus Christ said "Love thy fellow man, except for the gay ones." Gay people, too, are made in my God's image. I would never worship a homophobic God."
"But they are sinners," I can hear the preachers and politicians say. "They are choosing a life of sin for which they must be punished." My scientist and medical friends have shared with me a reality that so many gay people have confirmed, I now know it in my heart to be true. No one chooses to be gay. Sexual orientation, like skin colour, is another feature of our diversity as a human family."
"Isn't it amazing that we are all made in God's image, and yet here is so much diversity among his people? Does God love his dark- or his light-skinned children less? The brave more than the timid? And does any of us know the mind of God so well that we can decide for him who is included, and who is excludd, from the circle of his love?," asked Tutu.
"Malawi is a god-fearing nation"
This is the trite phrase that is trotted out to stop all argument! And now - as a bonus - her regular column, This World Around Me,  Deborah Nyangulu-Chipofya cries ENOUGH! In a very well argued piece she says, amongst other things: "Simply put 'We are a god-fearing nation' has become a sort of verbal bogeyman to scare off people with alternat views. And for the most part God-fearing propogandists are intolerant people who want to oppress minorities."
She ends her article with: "I hope this article won't cost me my citizenship in this God-fearing nation. But the I just want to make sense of this god-fearing talk and help avoid a situation where we would wake up one morning to be told that we can't question the autority of the President because we are a God-fearing nation."
It looks as if ASH's efforts are paying off and the whole editorial staff have had a second look at balance. Perhaps, also, they have started to think a little more critically about these issues. This is a very big change from several months ago.
We are grateful to the Editorial staff of the Sunday Times for taking a more open approach.

ASH MAKES THE FRONT PAGE - THINDWA CHALLENGES THE SORCERERS

Malawi's Nation on Sunday carried a front page challenge from ASH's publicity savvy Executive Secretary, George Thindwa. K 200,000 (about $1400 - a large amount where the average income is less than a dollar a day) is the reward for any 'sorcerer' who manages to 'bewitch' George in a predetermined way.
Self-styled 'Doctor' Musafoke (translation -' Don't be weak') in typical cheating fashion dodged the issue by saying only relatives could bewitch a person when some disagreement or jealousy existed within the family.
Secular Humanism is now very much in people's view and offers a different outlook for the millions enslaved by predatory religions. Read the full article here . http://www.nationmw.net/index.php?option=com_content&view=article&id=14373:thindwa-challenges-witches-for-k200-000&catid=119:national-news&Itemid=125
In a seperate report in the Sunday Times, under the heading Rights Group bails out suspected witch Thindwa is featured bailing out the 'witch' Anderson, featured in an earlier blog below. Thindwa also mentioned the release of the three old women 'witches' whos e fines had been paid by Secular Humanists from America. When asked how his family reacted to his secularist and humanist philosophies, Thindwa replied: " Actually the three old ladies of Dowa slept at my house on their way home. My family chatted with them and felt very sad that we Malawians are being unreasonable in troubling old people. They felt some pride in what I did to pay the fines and have them released."