INTRODUCTION
The Association for Secular Humanism (ASH) has resolved to “adopt’ AS FRIENDS OF ASH all prisoners convicted of being witches and have served or are serving sentences in Malawi prisons. It is estimated that there are many Malawians convicted of being witches in our prisons. Many are serving long prison sentences ranging from 1 to 6 years. They are mainly women, senile with some over 65years. These prisoners need care, help from someone who can secure their release. Those released need counseling and assurance. None are witches of course and many are innocent of any harm to anyone at anytime.
This campaign, however excludes those convicted of criminal offences committed in the name of witchcraft such as murder, assault or wounding, etc..
OBJECTIVE AND CAUSES:
To care for prisoners convicted of being witches in Malawi prisons.
To secure the release of all prisoners labeled as witches and to contribute to stopping our Judiciary System from convicting Malawians as witches.
To offer support during their reintegration into the community for those released.
PLAN OF THE CAMPAIGN
To achieve the above, the Association has formed 4 groups of humanists to take care of convicted witch prisoners and work for their release and help in their new life after prison. The groups are:
Blantyre Group to be lead by H. Williams and S. Magombo to cover Southern Region.
Zomba Group to be lead by Wikusela Mambulasa and Bonda Chifundo to cover Eastern Region.
Lilongwe Group to be lead by G. Thindwa and P.Jere to cover Central Region.
Mzuzu Group to be lead by Chisomo Ngosi to cover the North.
ACTIVITIES
The activities for this campaign will be as follows:
To visit the prisons to provide prisoners with food, clothing and other basic necessities, boost their morale and spirits. Visit at least twice in a month.
Write letters to Ministry of Justice and the State President to ask for their immediate release as those convicted as witches are innocent.
Help them with their appeal of their cases to the high court and to identify a Lawyer to provide legal advice and assist in their cases.
Help them to seek compensation from Government for wrongful imprisonment once out of prison.
Liaise with their families and provide the necessary support as may be may be required.
JUSTIFICATION OF THE CAMPAIGN
Those serving sentences as witches are innocent because of these reasons:
Our Law does not recognize the existence of witches. Section 4 prohibits anyone from accusing anyone of being a witch.
Many of those convicted have denied being witches. Therefore, they could not be convicted of pretending witchcraft (Section 6 of the Act).
In many cases, convictions depended on the testimony of children who alleged that they were taught witchcraft by those convicted. It is the children who committed an offence by accusing others or elders to be witches, according to the Act.
Their convictions are a miscarriage of justice because some magistrates have openly declared that the sentences were melted because of public outcry. Others melted sentences based their belief that witches are real due to article in newsletters and papers.
Some of the prisoners have been charged on irrelevant offences of breach of peace to obtain convictions in courts.
It is inconceivable that in this modern age, we could still be convicting our citizens of being witches. While our Constitution accords freedom of belief, it however, prohibits any mistreatment of our citizens based on belief.
Those convicted as witches have rights and must be respected. They should live a dignified life during their final years on earth and not in fear.
EXAMPLES OF CONVICTIONS
Here are examples of cases of Malawians convicted of being witches.
Maula Prison. Mr. Thindwa has visited prisoners at Maula prison in Lilongwe convicted as witches as follows:
Margaret Jackson and Loveness Elifala on 30 September, 2010. They are sisters. They were accused of teaching children witchcraft and sentenced to 3 years imprisonment on 6th June, 2010. Margaret is about 60 years and has 4 children while Loveness has 3 children, is around 50 years and has epilepsy and suffers from frequent fits.
Ezeleti Jeke N.A Kamphata and Chigayo Charlie were visited on 8th October, 2010.Ezeleti Kamphata is + 80 years while Chigayo is about 70 years. They both come from Chimutu Vilage on Salima road , T/A Kamphata, Lumbadzi, Dowa district. They were tried at Mkupula court in June 2009. They were sentenced to 3 years imprisonment as witches. They are cousins. The allegation was that they bewitched a child who died suddenly at the village.
Ireen Mundoli 53, Lexa Nyirongo 46, and Elvas Zimba 80 are suspected of teaching children witchcraft. On 7/10/2010 they were denied bail by Mzimba First Grade Magistrate Court. The 3 are answering a charge of conduct likely to cause breach of peace. Children as state witnesses revealed that they were being taught witchcraft, flying in locally made aircrafts and having their hair shaved at night by the suspects. (Weekend Nation Oct.2010). Their accusers were not charged despite destroying property.
Mrs. Fanny Nyampata Banda (Mzuzu Prison); Age: 73; Offence: Witchcraft; Sentence: 3 Years Imprisonment. Fanny was convicted of practicing witchcraft. She served her sentence. Fanny comes from M`ngona 1 village, TA Mkumbira, Nkhatabay. Leah Nyimba also served her sentence. There is need to follow them up so that they secure compensation for wrongful imprisonment.
As at October 2010, reports were received of 2 women who were in Police custody in Mzuzu on the same charges of practicing witchcraft.
Ms. Kate Kanjere (Mzuzu Prison); Age: 55; Offence: Witchcraft; Sentence: 6 Years imprisonment. Kate was convicted of practicing witchcraft by children who claimed that she took them to South Africa and Zimbabwe using a “magic plane”. She out on bail awaiting appeal. Kate comes from Chitipa.
Severe Kalonga (Chichiri Prison) Age: 64 years; Offence: Witchcraft; Sentence: 3 Years imprisonment. Ms. Kalonga was convicted because some children had accused her of teaching them witchcraft by taking them to Zimbabwe and South Africa on a magic plane. She had however appealed against the conviction and is awaiting trial.
Margaret Jali (Chichiri Prison); Age: 39; Offence: Witchcraft; Sentence: 3 Years imprisonment. Margaret Jali was accused of killing her neighbor through witchcraft.
Fagress Lyford (Chikwawa Prison); Age: About 55; Offence: Witchcraft; Sentence: 18 Months Imprisonment. Lyford was accused of teaching grandchild witchcraft. She denied the accusation.
And Ms. Faustina Enos, Age: 60; Offence: Kidnapping (through Witchcraft); is serving 4 years imprisonment at the same prison as a witch for causing her nephew to disappear for 3 days using magic.
Elenora Lilipati (Dedza Prison); Age: About 70; Offence: Witchcraft; Sentence: 2 years imprisonment. Elenora was convicted of witchcraft. She was accused of killing someone’s child through magic and eating it and making another child disappear through magic.
Bertha Yohane; (Zomba Prison) Age 63; Offence: Witchcraft; Sentence- 4 years imprisonment. Bertha was sentenced for teaching children witchcraft. She was said to have been transforming them into pigs, chickens and ducks before taking them to a graveyard. Yohane however denied the charge.
STIGMATIZATION AND DEHUMANIZATION
Even before they are convicted of being witches, alleged witches suffer from stigmatization and dehumanizing treatment as follows:
They suffer stigmatization and abuse in prison as they are viewed to be of danger to their fellow inmates. They continue to be labeled as witches in prison.
The road to prison for “witches” is very unjust and unfounded. They are traumatized at the time of arrest and embark on a journey where the rule of law is ignored, flouted and abused.
Even when they are in prison, people in their community continue to go to their houses to swear at them.
They are rejected by their family and community. Many are not visited by their relatives at prison. The accused persons end up being condemned for the rest of their lives.
Upon being discharged, they find it hard to integrate back into the same community. Their return to the community only guarantees further rebuke, exclusion and may be subjection to mob justice.
Once released they find it hard to seek compensation from government for wrongful imprisonment because as “witches” they are fearful and unaware that they are entitled to reclaim their rights.
Some of them need resettlement in places either than their homes.
Many need advice and are never counseled by responsible bodies.
EXPECTED RESULTS /OUTPUTS
We expect to achieve the following outputs from this campaign and cause.
Make the life of convicted ‘witches’ bearable while in prison.
Assure prisoners that all is not lost with their predicament.
Secure the release of some of the “witches”, if not all.
Provide counseling to those that are released and ensure peaceful reintegration back to their community.
Secure compensation for some ‘witches’.
UPDATES ON PROGRESS OF THE CAMPAIGN
The visitations have started. Updates and reports will be issued every two months. The reports will cover details on the exact number of those convicted; progress on prison visits undertaken and reaction to the visitations, stories told by prisoners themselves, progress made on releases, and progress on legal standing of the cases, and integration back to their community, etc.
CALL FOR HELP AND DONATIONS
Our mission is to raise funds towards helping those in prison convicted as witches. We also want to secure their release, provide counseling and any other assistance to ensure that their settlement and integration back to the community is dignified.
Please join, invite friends to join and donate to help witch inmates. By working together, we can raise awareness and contribute to stopping convicting people as being witches.
So help them and have a place in their hearts. They need your help now! Any amount of donation is welcome. It will go along in helping these victims in Malawi.
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