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.

THREE DEATHS LINKED TO WITCHCRAFT

The Malawi News of April 9, 2011 reports that three deaths in Blantyre’s Bangwe Township resulted from witchcraft.

First to die was Veronica, the Chiwala’s seven year old child. Agness, the child’s mother, a member of the Chiwala family  accused her neighbours, the Duncan family, of having bewitched the child. In the ensuing fracas three members of the Duncan family attacked Agness using  large pestles (pounding sticks) and hoe handles as clubs. She was taken to hospital where she was found dead on arrival.

The Police arrested two of the assailants on a charge of murder but the third escaped. He was later found dead having killed himself by taking poison.

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!

WITCHCRAFT CAMPAIGNER WINS AGAIN !

FIVE 'WITCHES' - NO CASE TO ANSWER

When ASH’s George Thindwa gets his teeth into something he’s like a terrier with a rat. He’ll hang on to the end. His favourite quarry? Those who accuse others of witchcraft. Such cases, as we have documented before in this blog, are generally mishandled by Police and magistrates resulting in the unjust conviction of the unfortunate ‘witches’ and long spells of imprisonment.

Another strange case came up in February on George’s home turf – Lilongwe. Mercy Chikwatula (age 8) and  Grace Witness accused Jimu Ali (58) and wife Grace Macheso (47), Ms. Ida Samuel (20), Lucy Kudzawe (40) and Ellen Kasabola (36) of practicing witchcraft. In particular they alleged that they were taking the child on a magic ‘plane to Blantyre some 330 kilometers away and causing the illness of her mother and Grace and by witchcraft. Normally the ‘plane is considered to be a lichero or winnowing basket seen here in one of its correct uses holding a selection of boa or edible fungi

The case was taken to the Police who charged the five with practicing witchcraft which all denied.

When the case went to court the Police changed the charge to one of pretending to be a witch.

Seeing the weakness in the Police case George drew up a list of questions for the accused to put to the witnesses, including the Police officer. These questions and the unsatisfactory answers convinced the magistrate and, on March 25, she ruled that the accused had no case to answer. They were consequently acquitted.

However, the affair did not finish there. The accusers were unhappy with the magistrate’s decision and they and their supporters harassed the newly-freed ‘witches’ after they left the court, accusing them anew of witchcraft. This is an offence under the current law. In fact, it is they who the Police should have charged when the matter first came to their attention. The Police arrested eight people and charged them with the correct offence of accusing people of being a witch.

It appears that the Police at that particular location have been given a lesson in the law by our ‘terrier’, George, and are now intent on applying it.

Another great victory for Humanism in Malawi.

In the recent case, reported here, of Bertha Yohane who was freed by the High Court on appeal after two years in prison, ASH has instructed lawyers to claim compensation for wrongful imprisonment. It is ASH’s intention to help all those unjustly imprisoned for witchcraft to make similar claims.

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.

A 'WITCH' IN PRISON

The sad case of an imprisoned 'witch'
 Late in 2010 ASH members visited prisons in Malawi to ascertain the status of the 'witches' with a view to presenting a full list for consideration by the President for release at Christmas time. It has been the custom, at Christmas time for all Presidents of Malawi to release prisoners on the recommendations of the Commissioner of Prisons. Ash's sensitisation of senior justice officials as well as the prison authorities was intended to ensure that all so-called witches would be on that list.
Blantyre-based Harold Williams visited the prison at Chichiri, Blantyre, he found that one old man had been sent to hospital as chronically ill. He explains:
When I arrived at the hospital I found this little old man, Lefikesi Tadzerankhani, aged almost 80, in his prison 'whites', in one of the main wards at the Queen Elizabeth Central Hospital. He had been staying there without a prison guard. I learnt from the medical staff that he had a chronic heart problem. He was quite bright and was reported by the nursing staff as being very popular with his fellow patients being quite a comic. He comes from a remote rural area on Malawi's southern border with Mozambique. He and his brother and brother's wife had all been convicted and imprisoned in Chikwawa some 80 km from Blantyre. Because of ill-health he was transferred to Chichiri Prison where he would be closer to specialist medical attention.
I informed him of our efforts to have him and others released and asked him how he would fare if he were to return to his home village. He explained that his house had fallen down while he was in hospital and he was too weak to rebuild it.
The prison, the hospital and the TV studio are all within a few kilometers of each other. My visit to the TV station gave me an opportunity to follow up on Tadzerankhani. There was no sign of him at the hospital and no record of his discharge. I went to the prison to enquire. He was brought to see me in a wheelchair. His condition had deteriorated. His arms and legs were swollen, his stomach distended and he was not the same cheerful old man I had found in the hospital. I left him with some sweet ornage squash and a few packets of biscuits and some money with his prisoner/carer to buy some soap, promising to come on the Monday to see the Medical Officer to find out what could be done to help him.
On Monday I met with the Medical Officer, an ardent believer in witchcraft and apparently not too happy that we were trying to assist these 'public enemies'. He told me that Tadzerankhani had had a TB infection of the heart which was now cured but that the heart was permanently damaged. He attributed the swellings to malnutrition, the result of the poor prison diet, and stated that we would have to arrange for better food to be brought to him. He volunteered the information that he had visited the prisoner's village to ascertain whether the villagers would be happy to see him back home. Unfortunately, the people were not keen to see him return because he had been the village headman and someone else wanted that position. It may be that the chieftainship issue could have been a motive in his being implicated in witchcraft.
I learnt, also, that a special plea had been made in the Comnissioner's recommendations to the President but that there had, unusually, been no traditional presidential clemency during Christmas of 2010.
We will now have to ascertain what would be the best diet for this poor old man and arrange for the regular delivery to the prison.
In discussions with the prison MO on the question of witchcraft I was told that, as a white man, I could not understand it but, that had I been an African I would also be quite sure of the reality. He blamed the old people for teaching the children to kill their parents!
I would like to put in a few words of praise for the prison staff. They have been very cooperative and understanding. I, and other members of ASH, have noted the excellent relationship between the staff and the prisoners. Our impression is that prison staff are doing the best they can under very difficult circumstances. Readers used to TV depictions of prisons in America and Europe should understand that Malawi's prisons are very much more relaxed places, seemingly disorganisd. With 1500 prisoners in a building designed to hold 300 some apparent chaos is to be expected! Fortunately, there is no culture of violence.

IHEU REGIONAL DIRECTOR ON INTELLIGENCE & CRITICAL THINKING

Critical thinking and the African identity
By Leo Igwe,
 Published in Malawi's Sunday Times on 29 January 2011

 Nigerian, Leo Igwe, is the regional representative of IHEU. We edited an article of his that is relevant to cultural considerations of witchcraft which was published in the regular ASH Science & Critical Thinking column in Malawi's SundayTimes

If lack of critical thinking or inability to apply common sense to issues is what makes one an African, then I am not an African. I hereby renounce my African identity if it means that I should not exercise my critical intelligence or apply reason and science. 
If being African means I should suspend my thinking faculty and blindly accept whatever any person or prophet says or preaches, don’t count me as an African. I make this assertion because often blind faith, dogma and fetishism are identified with African mentality.
Whenever I apply logic, critical reasoning and science during debates, I am often accused of not thinking like an African. I am told that I think like a white man. As if critical thinking or the scientific outlook is for westerners alone or that it can only be exercised by people from a particular race.
Even in this 21st Century, reason and science are still perceived as western, not African values. How did we arrive at this mistaken idea? It is often portrayed as if the African does not reason and dare not reason or does not think or cannot think critically - thinking like an African means suspension of logic or common sense! Thinking like an African means not thinking at all – but thoughtlessly thinking in spiritual, occultic or magical ways.
Whenever I challenge or question the irrational and absurd claims of witchcraft, charms and other ritualistic and religious nonsense that dominate the mental space of Africans, I am often reminded that my mentality is western. Whenever somebody alleges that a position is western, though it may be reasonable or may have a superior argument, does it mean that it is unacceptable? Is that not unfortunate?
Whenever I expose the absurdity of witchcraft accusations or the persecution of alleged witches or wizards, many often urge me to set aside my ‘white man’s mentality’, as if critical thinking is for white people while mystical thinking is for blacks and Africans.
The white race and the West have recorded significant achievements in science and technology, and in rational and critical discourses. That does not make the values of science, reason and critical thinking western or white. These values constitute part of human heritage, which all human beings can lay claim to, exercise, access, express, celebrate, cultivate and nurture. The progress which the West has recorded as a result of their institutionalisation of reason and science is one which any society can realise. Africans should stop hiding behind this misrepresentation that reason and science are un-African western values. Africans should embrace critical mindedness and work to dispel the Dark Age and barbaric mentality that looms large on the continent.
Those maintaining that critical thinking is alien to African identity and mentality are doing the African race and civilization a great disservice. They are frustrating the African enlightenment, emancipation and emergence. 

POLICE ACTION ON WITCHCRAFT - CONGRATULATIONS INSPECTOR GENERAL

Could it be that our campaign for the correct application of the Witchcraft Law is making a difference. Two recent press reports would seem to indicate that it has.
Executive Secretary of ASH sent this congratulatory email to the Inspector General of Police:
I would like to thank the police for doing the right thing; arresting witch finders and those perpetuating violence in the name of witchcraft as these scanned copies show.
Hands up for the police for arresting the witch doctors in Dowa and prosecuting the Hondes in Mzimba. This is what is supposed to be happening.
Thank you Bwana Inspector General for this resolve.

We would encourage all Police officers to maintain this stance to help bring to an end the injustice against the vulnerable mainly elderly accused by their neighbours of witchcraft.