Witchcraft Suppression Amendment Act 50 of 1970

Witchcraft Suppression Amendment Act, 1970 (No. 50 of 1970)

Act

• to amend the Witchcraft Suppression Act, 1957, so as to make It an offence for a person who pretends to exercise supernatural powers, to impute the cause of certain occurrences to another person; and
• to provide for Incidental matters.

(English text signed by the State President.}
(Assented to 11th September, 1970.)

Be it enacted by the State President, the Senate and the House of Assembly of the Republic of South Africa, as follows:-

Substitution of section 1 of Act 3 of 1957

1. The following section is hereby substituted for section 1 of the Witchcraft Suppression Act, 1957:

"Offences relating to the practice of witchcraft and similar practices.

1. Any person who-

(a) imputes to any other person the causing, by supernatural means, of any disease in or injury or damage to any person or thing, or who names or indicates any other person as a wizard;

(b) in circumstances indicating that he professes or pretends to use any supernatural power, witchcraft, sorcery, enchantment or conjuration, imputes the cause of death of, injury or grief to, disease in, damage to or disappearance of any person or thing to any other person;

(c) employs or solicits any witchdoctor, witch-finder or any other person to name or indicate any person as a wizard;

(d) professes a knowledge of witchcraft, or the use of charms, and advises any person how to bewitch, injure or damage any person or thing, or supplies any person with any pretended means of witchcraft;

(e) on the advice of any witchdoctor, witch-finder or other person or on the ground of any pretended knowledge of witchcraft, uses or causes to be put into operation any means or process which, m accordance with such advice or his own belief, is calculated to injure or damage any person or thing;

(f) for gain pretends to exercise or use any supernatural power, witchcraft, sorcery, enchantment or conjuration, or undertakes to tell fortunes, or pretends from his skill in or knowledge of any occult science to discover where and in what manner anything supposed to have been stolen or lost may be found,

shall be guilty of an offence and liable on conviction-

(i) in the case of an offence referred to in paragraph (a) or (b) in consequence of which the person in respect of whom such offence was committed, has been killed, or where the accused has been proved to be by habit or repute a witchdoctor or witch-finder, to imprisonment for a period not exceeding twenty years or to a whipping not exceeding ten strokes or to both such imprisonment and such whipping;

(ii) in the case of any other offence referred to in the said paragraphs, to one or more of the following penalties, namely, a fine not exceeding one thousand rand, imprisonment for a period not exceeding ten years and a whipping not exceeding ten strokes;

(iii) in the case of an offence referred to in paragraph (c), (d) or (e), to a fine not exceeding five hundred rand or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment;

(iv) in the case of an offence referred to in paragraph (f), to a fine not exceeding two hundred rand or to imprisonment for a period not exceeding two years.".

Substitution of section 2 of Act 3 of 1957.

2. The following section is hereby substituted for section 2 of the Witchcraft Suppression Act, 1957:

"Presumption.

2. Where any person in respect of whom an offence referred to in paragraph (a) or (b) of section 1 was committed, is killed, it shall be presumed, until the contrary is proved, that such person was killed in consequence of the commission of such offence.''.

Short title.

3. This Act shall be called the Witchcraft Suppression Amendment Act, 1970.

Commencement

18 September 1970