LLM / Department of Public Law

PhD (African Studies) / Centre for African Studies / This interdisciplinary study examined witchcraft beliefs and criminal responsibility in South Africa and Zimbabwe. The unshakeable deep rooted and profound cultural beliefs of African people do not find expression in written law and therefore introduce a mismatch between law as the people live it and law as contained in the statute books. The aim of this interpretive doctrinal (legal) and qualitative research study was two-fold. Firstly, it sought to evaluate and assess the influence of African value systems particularly ethical ideas on the development of criminal responsibility. Secondly, it undertook a comparative examination of the criminal responsibility of actors who commit crimes while labouring under belief in witchcraft. The research, therefore, undertook a comparative examination of the criminal responsibility of actors who commit crimes while labouring under the overpowering fear of belief in witchcraft. In that regard, the study was premised on and informed through theories of criminal punishment, a Human Rights Based Approach, psycho-analytic theory and socio-cultural theory. The primary motivation for the study was the need to address the mismatch of laws and African value systems and to add knowledge to the scholarly legal writing on beliefs in witchcraft. Explorative qualitative research methods of collecting data (case studies, semi-structured interviews and focus groups discussions) and the doctrinal methods of data collection (case law observation, newspaper reports and witchcraft legislations) were employed as the research methodologies for the purposes of this study. For social empirical findings to be useful in integrating with the legal issues, the study adopted an Indigenous Knowledge Systems (IKS) perspective. Although customary practices play a very important role in the lives of the African people, some of the rules can no longer withstand constitutional scrutiny. The research findings confirmed the mismatch that exists between the African value systems and the law. The study unveiled that the African value systems of the two countries have been affected by modernity. Also, the two countries have similar laws governing the aspect of belief in witchcraft that are weak and archaic thus introducing a lacuna in the

Since the 1950s modernization theory predicted within the Third World a trajectory for social evolution and development mirroring perceived social and developmental evolution in Western societies since the 17th Century. Despite this theory being much discredited in both Western societies and the developing world; this theory still forms the basis for much analysis and policy formulation within post-1990 South Africa. This thesis looks at various aspects of urban black South Africans' existence and concludes that African tradition has found a place within an urban existence due to it's flexibility in dealing with peoples' daily challenges. An urban existence can thus no-longer be thought of as supplanting tradition in favour of western influences, but rather as bringing about a mixture of western and traditional influences - with positive and negative theoretical and practical developmental consequences / Development Studies / M.A.

This research sought to investigate the impact of a belief in witchcraft as an explanation for all the ills in the Hlubi community and South African societies in general - which becomes a good tool for inadequate governments. Our approach in this study has been interdisciplinary and the utilization of comparative analysis and a combination of phenomenological and qualitative research models. Economic problems create social tensions and are manifested in various ways, including witchcraft craze. The Hlubi scenario found parallels in Europe and America. Witchcraft and ancestors are considered to be the main causes of diseases but nature and ecological or environmental dangers are other factors. Pragmatic and obvious response to such phobias is seen in the protective and preventive devices provided by isangoma, amaqhira, amaxhwere, inyanga and faith healers. It is hypothesized that as long as all existential needs exist in Hlubi society witchcraft will continue to be with us, perhaps forever. / Religious Studies & Arabic / DLITT ET PHIL (REL STUD)

Witchcraft discourse in South Africa has increasingly permeated all social structures, thereby becoming a real threat to the process of reconstruction and development. The neglect of witchcraft accusations and their resultant consequences can cause the country to lose all it gained as a result of the liberation struggle. In this study I examine the historical developments of witchcraft accusations around the world in general, and in South Africa in particular as well as the threats they pose to society. I analyse five broad areas: 1) The inborn h tendency to scapegoat; jealousy; and the role religion plays in the escalation of these problems; 2) The African world-view and its consequences on interpersonal relationships; 3) Colonial and missionary attempts to suppress the African world-view; 4) Ways and means of containing the conflicts arising from the witchcraft problem; and 5) Summary of findings. The research was occasioned by the untold suffering victims of witchcraft accusations have to undergo in the three Northern Provinces of South Africa. Because of the cruelty and misery such accusations cause the poor people of these rural provinces urgent attention is needed to contain them, especially since such accusations have not diminished despite all governmental efforts to curtail them. At the centre of witchcraft accusations there are stress, hatred, vindictiveness, and aspirations to become famous. The fear that one may be victimised by either being accused of witchcraft or being bewitched is very real even today. The relevance of the study is apparent when one considers the feelings of helplessness that paralyses the opponent of this carnage, such as government and the churches. A number of resources should thus be employed to counter would be put into it. This threat which is aggravated by the abject poverty prevalent in the rural communities of the three Provinces. The prevailing conditions of abject poverty play a definite role in the creation, promotion and escalation of the scourge. Policy makers should therefore have clear grasp of the extent to which poverty has influence on society in any effort to contain witchcraft accusations. I conclude the study by ~ecommending transformational paths to the Government, NonGovernmental Organisations and other Community Leaders to follow in attending to improve the lot of the poor. This is done by highlighting ten findings that emerged during the study. The findings were the result of analyses of archival records, literature and case studies on witchcraft accusations. Because the subject of witchcraft is so wide and emotive I have employed several sociological and anthropological theories to cover as wide a field as possible. The incorporation of so many theoretical approaches into the study presents on interpretive and analytical explanation of the causes, effects and containment of witchcraft accusations. The overall conclusion is encapsulated by the title of the study Moloi ga a na mmala (A witch has no colour). A witch remains unidentifiable, but witch-hunters and sniffers know how to identify their witches. Although the process remains paradoxical, it is practised on a daily basis. / Religious Studies & Arabic / D.Litt. et Phil. (Religious Studies)

Since the 1950s modernization theory predicted within the Third World a trajectory for social evolution and development mirroring perceived social and developmental evolution in Western societies since the 17th Century. Despite this theory being much discredited in both Western societies and the developing world; this theory still forms the basis for much analysis and policy formulation within post-1990 South Africa. This thesis looks at various aspects of urban black South Africans' existence and concludes that African tradition has found a place within an urban existence due to it's flexibility in dealing with peoples' daily challenges. An urban existence can thus no-longer be thought of as supplanting tradition in favour of western influences, but rather as bringing about a mixture of western and traditional influences - with positive and negative theoretical and practical developmental consequences / Development Studies / M.A.

This research sought to investigate the impact of a belief in witchcraft as an explanation for all the ills in the Hlubi community and South African societies in general - which becomes a good tool for inadequate governments. Our approach in this study has been interdisciplinary and the utilization of comparative analysis and a combination of phenomenological and qualitative research models. Economic problems create social tensions and are manifested in various ways, including witchcraft craze. The Hlubi scenario found parallels in Europe and America. Witchcraft and ancestors are considered to be the main causes of diseases but nature and ecological or environmental dangers are other factors. Pragmatic and obvious response to such phobias is seen in the protective and preventive devices provided by isangoma, amaqhira, amaxhwere, inyanga and faith healers. It is hypothesized that as long as all existential needs exist in Hlubi society witchcraft will continue to be with us, perhaps forever. / Religious Studies and Arabic / DLITT ET PHIL (REL STUD)

Witchcraft discourse in South Africa has increasingly permeated all social structures, thereby becoming a real threat to the process of reconstruction and development. The neglect of witchcraft accusations and their resultant consequences can cause the country to lose all it gained as a result of the liberation struggle. In this study I examine the historical developments of witchcraft accusations around the world in general, and in South Africa in particular as well as the threats they pose to society. I analyse five broad areas: 1) The inborn h tendency to scapegoat; jealousy; and the role religion plays in the escalation of these problems; 2) The African world-view and its consequences on interpersonal relationships; 3) Colonial and missionary attempts to suppress the African world-view; 4) Ways and means of containing the conflicts arising from the witchcraft problem; and 5) Summary of findings. The research was occasioned by the untold suffering victims of witchcraft accusations have to undergo in the three Northern Provinces of South Africa. Because of the cruelty and misery such accusations cause the poor people of these rural provinces urgent attention is needed to contain them, especially since such accusations have not diminished despite all governmental efforts to curtail them. At the centre of witchcraft accusations there are stress, hatred, vindictiveness, and aspirations to become famous. The fear that one may be victimised by either being accused of witchcraft or being bewitched is very real even today. The relevance of the study is apparent when one considers the feelings of helplessness that paralyses the opponent of this carnage, such as government and the churches. A number of resources should thus be employed to counter would be put into it. This threat which is aggravated by the abject poverty prevalent in the rural communities of the three Provinces. The prevailing conditions of abject poverty play a definite role in the creation, promotion and escalation of the scourge. Policy makers should therefore have clear grasp of the extent to which poverty has influence on society in any effort to contain witchcraft accusations. I conclude the study by ~ecommending transformational paths to the Government, NonGovernmental Organisations and other Community Leaders to follow in attending to improve the lot of the poor. This is done by highlighting ten findings that emerged during the study. The findings were the result of analyses of archival records, literature and case studies on witchcraft accusations. Because the subject of witchcraft is so wide and emotive I have employed several sociological and anthropological theories to cover as wide a field as possible. The incorporation of so many theoretical approaches into the study presents on interpretive and analytical explanation of the causes, effects and containment of witchcraft accusations. The overall conclusion is encapsulated by the title of the study Moloi ga a na mmala (A witch has no colour). A witch remains unidentifiable, but witch-hunters and sniffers know how to identify their witches. Although the process remains paradoxical, it is practised on a daily basis. / Religious Studies and Arabic / D.Litt. et Phil. (Religious Studies)

A study of the relevant theoretical concepts and empirical research was undertaken to explore the role of the social worker pertaining to the problem of epilepsy in the black community of Mamelodi. The sample comprised 40 families in which there was a person with epilepsy. Data were obtained through an interview schedule administered by the researcher. The literature study highlighted the phenomenon epilepsy, causes of epilepsy/ psychosocial effects of epilepsy on the epileptic and his family and the treatment of the epileptic. However/ it became quite clear that a multi-disciplinary team approach is vital importance in the treatment of an epileptic Furthermore/ significant others like traditional healers, faith healers, priests, relatives and friends were identified as some of the important informal support systems. Although the findings of study cannot be generalised to the entire population they can be of great significance for further research. / 'n Studie van die relevante konsepte asook empiriese navorsing is gedoen om die rol van die maatskaplike werker met betrekking tot die probleem van epilepsie in die swart gemeenskap van Mamelodi te eksploreer. Die steekproef is saamgestel uit 'n groep van 40 gesinne met 'n epileptikus in hul midde. Inlighting is verkry deur groep van onderhoudskedule. Die literatuurstudie beklemtoon die volgende: die verskynsel van epilepsie, oorsake van epilepsie, psigososiale gevolge van epilepsie op die per soon met epilepsie en sy gesin en die behandeling van die epileptikus. Dit het egter duidelik na vore gekom dat 'n multi-dissiplinere spanbenadering van die uiterste belang is in die behandeling van die epilepsielyer. Dit het ook duidelik geword dat betekenisvolle ander persone soos tradisionele genesers, geloofsgenesers priesters, familie en vriende van die mees belangrike steunstelsels is. Alhoewel bevindinge van die studie nie veralgemeen kan word en van toepassing gemaak kan word op die bevolking as geheel nie, kan dit egter van groot belang vir verdere navorsing wees. / Social Work / M.A. (Social Science)

A study of the relevant theoretical concepts and empirical research was undertaken to explore the role of the social worker pertaining to the problem of epilepsy in the black community of Mamelodi. The sample comprised 40 families in which there was a person with epilepsy. Data were obtained through an interview schedule administered by the researcher. The literature study highlighted the phenomenon epilepsy, causes of epilepsy/ psychosocial effects of epilepsy on the epileptic and his family and the treatment of the epileptic. However/ it became quite clear that a multi-disciplinary team approach is vital importance in the treatment of an epileptic Furthermore/ significant others like traditional healers, faith healers, priests, relatives and friends were identified as some of the important informal support systems. Although the findings of study cannot be generalised to the entire population they can be of great significance for further research. / 'n Studie van die relevante konsepte asook empiriese navorsing is gedoen om die rol van die maatskaplike werker met betrekking tot die probleem van epilepsie in die swart gemeenskap van Mamelodi te eksploreer. Die steekproef is saamgestel uit 'n groep van 40 gesinne met 'n epileptikus in hul midde. Inlighting is verkry deur groep van onderhoudskedule. Die literatuurstudie beklemtoon die volgende: die verskynsel van epilepsie, oorsake van epilepsie, psigososiale gevolge van epilepsie op die per soon met epilepsie en sy gesin en die behandeling van die epileptikus. Dit het egter duidelik na vore gekom dat 'n multi-dissiplinere spanbenadering van die uiterste belang is in die behandeling van die epilepsielyer. Dit het ook duidelik geword dat betekenisvolle ander persone soos tradisionele genesers, geloofsgenesers priesters, familie en vriende van die mees belangrike steunstelsels is. Alhoewel bevindinge van die studie nie veralgemeen kan word en van toepassing gemaak kan word op die bevolking as geheel nie, kan dit egter van groot belang vir verdere navorsing wees. / Social Work / M.A. (Social Science)