TRC Final Report

Volume 6

Section 1

Chapter 3

Subsection 2

SPECIAL CASES

14 Some cases that were originally earmarked to be dealt with in chambers were eventually referred to a hearing after further consideration and investigation. These special cases fell into three categories. The first concerned a collection of applications involving witchcraft and the burning of people as a result of this phenomenon. These w e re particularly prevalent in, but not limited to, the Northern Province. The second category concerned a cluster of cases involving the activities of self-defence units (SDUs) in the townships, some of which did not, strictly speaking, require a hearing, but were ultimately heard to ensure that the Committee obtained a complete account of SDU activities. The last category c o n cerned the activities of Azanian P e o p l e ’s Liberation Army (APLA) operatives, particularly robberies and related violent acts committed, it was argued, to raise funds for the organisation.

15 At first glance, all of these incidents appeared to be common crimes. The SDU applications, moreover, contained scant information, which aggravated the difficulty of determining the events that had taken place. As the context of these incidents was clarified, however, it became evident that these matters could only be properly decided at public hearings where all the relevant circumstances could be fully canvassed. The Committee accordingly opted for this approach .

Witchcraft

16. Applications relating to offences involving witchcraft were considered to fall into a unique category of human rights violations and were given special attention by the Committee. The question as to whether amnesty could be granted where a victim or victims had been attacked or killed as a result of a belief in witchcraft elicited much debate, and members of the Committee were initially divided on the issue. One view was that such a belief was not sufficient grounds for granting amnesty and that applications of this nature ought to be refused. Others a rgued that the concept ‘conflicts of the past’, as envisaged in the Act, also encompassed the very real conflict between traditional values – essentially supporting the status quo – and the emerging democratic values supporting transformation.

17. So contentious was the issue initially that it was re f erred to a full meeting of the Committee. At this meeting, a subcommittee was mandated to investigate the matter and make recommendations. It was ultimately decided that all witchcraft cases should be dealt with in one cluster and refer red to a public hearing.

18. The bulk of the witchcraft cases were heard in two hearing sessions at Thohoyandou in the Northern Province. Professor NV Ralushai, an expert witness and chairperson of the 1995 Commission of Inquiry into Witchcraft Violence and Ritual Murder in the Northern Province, testified at the principal hearing. His evidence, as well as the Interim Report of his Commission – which was made available to the hearings panel – were invaluable in helping the Committee make informed decisions on all witchcraft-related applications.

19. Largely as a consequence of these contributions, the Committee concluded that a belief in witchcraft was still widely prevalent in certain rural areas of South Africa. More over, it became clear to the Committee that the issue of witchcraft had – at certain times in some rural areas – been a central factor in some of the recent political conflicts between supporters of the liberation movements and the forces seeking to entrench the status quo. The former were of the opinion that traditional practices and beliefs related to witchcraft had been exploited by the latter to advance their positions.

20. The Committee accepted the following finding of the Ralushai Commission of Inquiry: Apartheid politics turned traditional leaders into politicians representing a system which was not popular with many people, because they were seen as upholders of that system. For this reason, traditional leaders became the target of the now politicised youth.^{2 6}

21. It further accepted the view of the Commission of Inquiry that: [i]n some cases the youth intimidated traditional leaders in such a way that the latter had little or no option but to sniff out so-called witches. ^{2 7}

22. It was also clear from the evidence heard by the Committee that, in Venda p articularly, the liberation forces used cases of witchcraft and ritual killings to politicise communities. This strategy was facilitated by the fact that local communities were dissatisfied with the manner in which the apartheid authorities had handled such cases. For example, the failure of the authorities to act against people who were believed to be witches resulted in a belief that the government was the protector of witches. In Venda, where traditional leaders with relatively poor education were politically empowered and were associated with some of the most heinous abuses, the situation was ripe for political conflict.

23. In some cases, where comrades and other pro-liberation movement activists w e re perceived as having died as a result of witchcraft, community organisations took steps to eliminate those they believed to have been responsible for these deaths.

24. This exposition represents only some aspects of the hearings on these complex witch craft - related applications. Although the facts and merits of the various applications were diverse, the incidents occurred largely against the background outlined above, which also informed the decisions of the Committee. Within this framework, each application was decided individually and according to its own merits. The specific circumstances of each case are fully recorded in the amnesty decisions accompanying this report.

25 The Committee shares the widespread concern expressed by civil society about the continued prevalence of practices and violent incidents related to a belief in witchcraft in certain areas. It is the Committee’s view that this issue warrants further attention by the appropriate government authorities.^{2 8}