SALRC Recommends Repeal of Witchcraft Suppression Act, 1957

Posted 13 October 2026 Written by Acts Online
Category Justice

Brought to you by SA Legal Academy: The South African Law Reform Commission (SALRC) has finalized its statutory review into the Witchcraft Suppression Act, No. 3 of 1957, recommending the Act’s full repeal and its substitution with new targeted legislation.

Under its mandate established by the South African Law Reform Commission Act, No. 19 of 1973, the SALRC released its final report under Project 135. The investigation commenced in September 2014 following the release of an issue paper for public comment to review pre-constitutional legislation that compromises rights entrenched in the Constitution of the Republic of South Africa, 1996—specifically sections 9 (equality), 10 (human dignity), 15 (freedom of religion, belief, and opinion), and 31 (cultural, religious, and linguistic communities).

The Commission concluded that the 1957 statute is unconstitutional and ineffective, recommending its replacement with the draft Prohibition of Harmful Witchcraft Practices Bill. The proposed legislative framework includes the following key interventions:

  • Repealing outdated offences that penalise non-harmful customary, spiritual, or traditional beliefs without evidence of physical or material harm;
  • Targeting criminal sanctions specifically at harmful witchcraft practices that lead to murder, bodily injury, unlawful confinement, or destruction of property;
  • Creating statutory mechanisms to deter witchcraft accusations, extrajudicial violence, and mob attacks against vulnerable persons; and
  • Mandating public education and awareness programmes addressing harmful practices and the manipulation of supernatural beliefs to the detriment of targeted individuals.

What this means for you, your business, or your clients

  • For yourself: Legal practitioners handling constitutional or criminal matters must monitor the draft Bill’s parliamentary progress to prepare for the formal substitution of offences currently charged under Act No. 3 of 1957.
  • For your business: Law practices, human rights organisations, and traditional affairs advisory firms should audit active dispute portfolios and constitutional challenges related to customary practices or witchcraft allegations to align submissions with the Commission’s draft Bill.
  • For your clients: Clients, traditional leaders, and civic organisations face future statutory safeguards that explicitly outlaw extrajudicial accusations, vigilantism, and property destruction, while preserving lawful traditional and religious beliefs.

Originally published at https://legalacademy.co.za/news/read/witchcraft-suppression-act-1957-sa-law-reform-commission-review-report-released

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