In Zambia, jailing of two men for witchcraft exposes reliance on colonial-era law

Jasten Mabulesse Candunde, a Mozambican national, and Leonard Phiri, a local chief, were sentenced to two years with hard labour after being convicted of “professing” witchcraft. They also received an additional six months each for possessing charms, though the sentences will run concurrently, the East African reports.

The case was prosecuted under the Witchcraft Act of 1914, a law passed when Zambia was still Northern Rhodesia under British colonial rule. It criminalises anyone “pretending to exercise supernatural power, sorcery or enchantment” to cause fear, annoyance or injury. Convictions can carry sentences of up to three years in prison.

“Any person who represents himself as able by supernatural means to cause fear, annoyance, or injury to another in mind, person or property; or pretends to exercise any kind of supernatural power, witchcraft, sorcery or enchantment calculated to cause such fear, annoyance or injury; shall be liable to a fine of not more than one thousand five hundred penalty units or to imprisonment with or without hard labour for any term not exceeding two years,” the Act states.

Candunde and Phiri were arrested in December 2024 after a hotel cleaner reported strange noises in their room. Authorities later claimed to have found a live chameleon, a red cloth, white powder, and an animal tail, items prosecutors argued were intended for witchcraft rituals. 

Prosecutors alleged that the pair were hired by a relative of opposition MP Emmanuel “Jay Jay” Banda, who is facing trial on robbery and attempted murder charges. The case was unusual not only because it involved the alleged targeting of a sitting president, but also because it became one of the few modern prosecutions under the Witchcraft Act.

Legal experts, however, say the conviction highlights the vagueness and outdated nature of the 1914 law. Lawyer Yaiman Bande noted that it is nearly impossible to prove witchcraft using the standard rules of evidence. “Since there is no definition as to what exactly amounts to witchcraft nor procedure in proving its practice, this question would undoubtedly pose a huge challenge to a court of law,” he said.

Some traditional leaders and rights advocates have called for the repeal or reform of the Act, arguing that it undermines justice and creates room for abuse. 

Zambia heads into general elections in 2026, with President Hichilema seeking a second term. UK-based academic Keith Silika warn that using colonial-era laws in high-profile political cases sets a dangerous precedent.

However, Zambia is not alone. Similar witchcraft laws remain on the books in neighbouring former British colonies such as Zimbabwe and Malawi, though both countries have introduced reforms to reflect modern realities.