The Right to Religious Freedom

Equality and human dignity in the new South Africa

by Damon Leff

An historical perspective of religious freedoms in pre- and post apartheid South Africa

Understanding the status quo often requires an understanding of the climate in which, and the propaganda with which intolerance is nurtured. Prior to the 1990's the National Party, bolstered by a white supremacy, Christian Nationalist ideology, legally formalized segregation and the denial of basic human rights. Apartheid policies divided South Africans by restricting and repressively controlling access to housing, jobs, education and welfare along racial, but not specifically along religious lines. Evidence of this can be seen in the few remaining legal fossils of the apartheid legacy. The Marriage Act (Act 25 of 1961), currently being redrafted by Parliament, still contains a discriminatory clause in requiring religious marriages to be conducted, "according to Christian, Jewish or Mohammedan rites or the rites of any Indian religion". (1)

Education was however systematically used to support apartheid ideology through the enforced promotion of Christian Nationalist and Christian religious education in white and 'coloured' schools.

Self-identified Pagans were not persecuted under the Nats. The only South African legislation often incorrectly cited in support of the argument that Witches were persecuted under the apartheid government, actually made and still makes it illegal to accuse any person of being a witch or of using witchcraft to cause disease or injury to another person.(2) The Witchcraft Suppression Act 3 of 1957 as amended by the Witchcraft Suppression Amendment Act 50 of 1970 was used extensively by the state in reviewing cases of so-called 'witch-killing', where courts viewed a truly held belief in witches and witchcraft amongst primarily black Africans, to be a mitigating factor in the sentencing of persons found guilty of murdering suspected witches within their communities. (3) Witches were not persecuted by the law because the Act implied that rational people did not believe in witchcraft. The intent of the Act was and is to prevent a crime being committed on the basis of a belief in the existence of witchcraft and its agency in misfortune.

During the 1980's and 1990's there was a sharp increase in witch purging (expelling, banishing or killing a witch) in Limpopo Province. These have been attributed to the political unrest preceding constitutional democracy in South Africa in 1994. In 1995/6 the former Premier of Limpopo, Advocate Ngoako Ramathlodi, appointed the Ralushai Commission of Inquiry to investigate the phenomenon of witch purging in this province. The report defined the term Witch as, "The English word witch is gender specific and confined to women only. The male equivalent is wizard. The Sesotho word moloi (pl. baloi) is derived from the verb loya, which means to bewitch and is attributed to those people who, through sheer malice, either consciously or subconsciously, employ magical means to inflict all manner of evil on their fellow human beings. They destroy property, bring disease or misfortune and cause death, often entirely without provocation to satisfy their inherent craving for evil doing. The Tsivenda word for witchcraft is vhuloi. The Nguni equivalent is ukuthakatha (verb) and umthakathi (noun). African terminology referring to witches or wizards is gender neutral (Minnaar et al 1998.)"

The findings of the Ralushai Commissions report (4) highlights a stark similarity with commonly held prejudiced perceptions about Witches during the European Witch-Hunts c. 1450-1750.

Prior to 1994 Pagans in South Africa were not a visible religious minority. After 1996 and especially after the formation of the Pagan Federation of South Africa (never an affiliate to Pagan Federation International) the first representative (for a time at least) alliance of Pagans in this country, individual Pagans (and primarily European Witches and non-aligned Pagans) received fairly positive though sensationalist media attention. In 1996 Parliament enacted a new multi-cultural and multi-racial democracy on the founding principles of a Bill of Rights, Chapter 2 of the Constitution of the Republic of South Africa (Act 108). (5) The Bill of Rights enshrines equality, human dignity, freedom of religion, belief and opinion, freedom of expression and association, and the protection and promotion of cultural, religious and linguistic communities.

Despite the constitutional protection of the rights of religious minorities in the new South Africa, individual Pagans may still encounter veiled and active religious prejudice and discrimination. It would be incorrect however to claim that Pagans in South Africa are discriminated against as a rule, save in those instances where unconstitutional archaic apartheid legislation has yet to be, or is in process of being redrafted.

Cultural and religious prejudice in South African society.

Religious intolerance in the new South Africa is largely nurtured through socially and historically accepted cultural beliefs, notably amongst conservative and fundamental Christians during the apartheid era (1948-1990), but also amongst African traditionalists. Under the 'separate development' ideology of a white supremist, Christian and minority white National government, three generations of South Africans were denied the opportunities of multi-culturalism. Conservative and charismatic Christians of the new South Africa have inherited the insidious influence of culturally and historically approved Christian propaganda against everything non-Christian, but especially against practitioners of the occult in any form.

There are many exceptions to the rule however. The 'rainbow nation' of a free and democratic South Africa has to some extent attempted to understand and embrace multi-culturalism, and to respect the differences that constitute our diverse nation.

An example of the still prevalent influence of Christian anti-occult propaganda can be seen in an on-line publication of Servamus Safety and Security Magazine. (6) Servamus provides its readers, primarily in the South African Police Services, with the following definitions:

1. A witch is a person who is possessed by a spirit of witchcraft.
2. Witches cause misery, destruction and bloodshed.
3. Witches and magicians work with spirits who ultimately carry out Satan's orders.
4. The only escape for a witch is to accept Jesus Christ - FOR HELP: 083 917 JESUS (53787).

The cited sources for this discriminatory propaganda against Witches and other occultists include amongst others, 'The Solution, Youth and Satanism Exposed’ by F H Havenga and Senior Superintendent Kobus Jonker. Kobus Jonker founded the Occult-Related Crime Unit in the SAPS in 1992. In 2000 Jonker's Occult Related Unit's policy structure was accepted as SAPS policy, which led to the first occult-related crime course in South Africa and a contentious series of prejudicial articles in Servamus. Jonker is known by the media as "The hound of God", "God’s detective", and especially amongst Pagans as "Donker (meaning dark) Jonker". For a detailed criticism of Servamus Special Community Edition on 'Drugs & Occult-related Crime' read Kerr Cuhulain’s article. (7)

In a featured article on Kobus Jonker published by Servamus entitled "God's Detective: Left But Not Lost", (8) Madaleen Fourie writes, "Having suffered some terrible childhood years, Kobus has always had a passion for the youth and an interest in the supernatural. The beginning of Kobus Jonker's involvement with occult-related investigative work started after Sen Supt Kobus Jonker had given his life to Jesus Christ in the early 80's."

In preview of the Servamus Special Community Edition on 'Drugs & Occult-related Crime' the editors of Servamus claim, "In a time when information addiction is rife, the line between fact and fiction, and right and wrong becomes even finer, and compromise even easier. The SAPS, in carrying out its constitutional duties, endeavours to promote a safer South Africa, and, along with the community, is doing all it can to curb drug- and occult-related crime. The need for accurate information about these crimes was identified and, especially, the provision of an answer for those involved. This project is mainly sponsored by the private sector. More sponsors will be needed to reach our aim of 1 million copies. This special edition forms part of a proactive action and supports priority three of the SAPS policing priorities focusing on the combating of crime against women and children and is fully supported by our National Commissioner J S Selebi." (9)

The very tenuous line between freedom of belief and the prohibition of hate speech against religious minorities has been reached and possibly transgressed by Servamus. The articles in question do not represent the facts, but rather propagate religious prejudice and promote continued religious discrimination. Articles dealing with the occult, witchcraft and satanism, published by Servamus, judge belief systems themselves rather than the crimes that certain self-proclaimed followers of those mentioned belief systems may have been found guilty of.

The particular depictions of Witchcraft and Witches given in the above-mentioned articles as "accurate information" are nothing but prejudicial stereotyping. It is an offense in South Africa to utter or publish hate speech against any person's religious persuasion. (10) It is certainly not acceptable that an official government agency sanctioned magazine and website be seen to be conspiring with a single religious ideology in order to discriminate against constitutionally protected religious expressions. The SAPS magazine should report the facts related to actual crimes, not support and encourage slanderous accusations against any belief system, nor continue to propagate untruths about practitioners of the occult in South Africa.

In 2004 the South African Pagan Rights Alliance (SAPRA) (11) wrote to the editor of Servamus Annalise Kempen, the Advertising Agent Bonnie Harding, and Servamus Legal Columnist Brig. Dirk Lambrechts requesting an immediate withdrawal of the Special Community Edition on 'Drugs & Occult-related Crime' on the grounds that it may be construed to constitute the promotion of hate speech against Witches and other occultists. Repeated attempts by SAPRA since July 2004 to initiate meaningful dialogue with the editor of Servamus has been ignored. Advertising Agent Bonnie Harding responded only once in March 2005 by writing to the editor Annalise Kempen and copying the same correspondence directly to SAPRA, asking, "Moet ek maar net (ontvang en lees en ignoreer)???" (sic) - translated: "Must I just (received and read and ignore)?" The response, or lack thereof, to an earnest request for dialogue in order to provide accurate and corrective information on Witchcraft, the Occult and Paganism, betrays a religiously motivated agenda of intent to discriminate against practitioners of the occult, and in a South African context, against an existing religious minority.

Also in 2004 SAPRA requested the South African Police Services to remove discriminatory articles from their website (12) on the grounds that these set a dangerous precedent in that they in no way dealt with actual ritualistic crimes committed by criminal individuals, but instead focused on the mythic battle between two ideological belief systems, namely Christianity and Satanism, thereby representing the Occult Related Crime Unit, under the Godly-inspired leadership of Supt Kobus Jonker, as the Christian bulwark against all things Satanic. In contrast to the sharp dismissal of valid objections by Servamus, Superintendent A J Lamprecht, the current Commander of Crime Stop, Occult Related Crimes and Witness Protection, acknowledged the dangerous precedent being set by the SAPS website and the SAPS have subsequently removed all offensive material where requested to do so by SAPRA.

The existing SAPS definition of 'Occult-related Criminal activity' is: "any human conduct that constitutes any legally recognized crime, the modus operandi of which relates to or emanates primarily from any belief or seeming belief in the occult, witchcraft, satanism, mysticism, magic, esotericism and the like." Clearly the SAPS has some way to go before they fulfill the SAPS Code of Conduct which requires that the police "uphold and protect the fundamental rights of every person" and "act impartially". (13) It is important to note here that in January 2001 the SAPS announced that the specialised unit would be dissolved and reorganised into "Organised Crime and Serious Violent Crime Units".

According to the Bill of Rights Handbook, published in association with Lawyers for Human Rights and the Law Society of South Africa, "South African hate speech provision excludes the advocacy of hatred based on race, ethnicity, gender and religion from the ambit of the right to freedom of expression when it amounts to incitement to cause harm."(14) Blanket derision against "belief or seeming belief" in the occult (derived from the Latin word 'occultus' 'meaning 'hidden'), witchcraft, mysticism, magic, the esoteric (from the Greek 'esoterikos' meaning 'the inner') "and the like" (?) perpetuates and encourages hate propaganda against recognised religious and spiritual minorities.

Many charismatic and fundamental Christians in South Africa view the constitutional guarantee of all 'rights' as a cause of the "rising tide of immorality sweeping the nation." (15) African Christian Democratic Party (ACDP) MP Steve Swart writes, “Our society is in a state of moral decay not because the majority of South Africans love degeneracy, but because secular humanism has exercised more influence on our culture than that of faith-based organizations, such as the Church. As long as moral relativism prevails, human rights always will be elusive. When a nation moves away from the absolutes of God’s law we can expect an immediate substitute to fill the void. Unfortunately, the 'human rights' idea has become the alternative to God's Law. If pro-moral Christians stand together as fellow South Africans concerned with the preservation of the family and moral decency, we can, with God's help, win this battle as His promise is "if My people who are called by My name will humble themselves, and pray and seek My face, and turn from their wicked ways, then I will hear from haven, and will forgive their sin and heal their land." 2 Chronicles 7:14.”

In another article entitled 'The Paganisation of South Africa' Dr Peter Hammond, Director of the Christian Action Network writes, "When the President of South Africa calls for "an African Renaissance", what exactly does he mean? Is he calling us to the humanism of the European Renaissance that culminated in the French Revolution and the Soviet Gulags? Or is he merely desiring a return to the pre-Christian Paganism and Animism that afflicted Africa prior to the spread of the Gospel?" (16)

In yet another entitled 'Religion in Education Policy', ACDP MP Rev. Kenneth Meshoe writes, "The department (of Education) justifies its multi-faith Religion in Education policy by quoting the constitutional right of equality, which allows "fair discrimination" in favour of people who are seen to have been previously disadvantaged. The government sees Christians as the previously advantaged group against which "fair discrimination" is now a necessity. Government has been en route to this juncture since the signing of the Constitution and policy and legislation since then have been preparing the way. Christians who oppose government's agenda are seen as bigots and labeled intolerant, while Minister Asmal proudly makes good on his promise to ensure that no learner is ever again "indoctrinated" with Christianity." (17)

Of course, multi-faith religious education may prove vital in offering future generations of South Africans an opportunity to participate in a multi-cultural and multi-religious society based on 'knowledge of', as opposed to ignorance of the religious diversity that already exists. South African Pagans are necessarily saddled with the difficult task of correcting misinformation and negative cultural beliefs, amongst both traditional Africans and conservative Christians.

Religious discrimination in the Rainbow Nation.

Isolated instances of religious discrimination against self-identified Pagans do occur, but it would be incorrect to assume, on the basis of a small sample of these, that South African society is generally intolerant of Paganism and Pagans. The cases cited here are however symptomatic of an inherited malaise of anti-occult and anti-witchcraft propaganda still actively promoted primarily by charismatic Christian churches and individuals.

Note: Names have been withheld at the request of the correspondents.

Parody or Prejudice?

At her first public meeting in 2005 intended for Pagans, G.M. noted that Christian observers, members of a local Christian group who had obtained one of the invitations G.M. had prepared with which to advertise the Pagan event, had chosen to join the Pagans who had accepted her invitation. One member of her Christian audience interrupted the proceedings to distributed a pamphlet, an attempted parody of G.M.'s own distributed invitation, which read:

" Jesus and *the Dragon. Who will you choose? Significantly, in the Bible, Satan is refered to as 'that Great Dragon who deceives the nations'. Because Wiccans do not believe in the God of the Bible, or that Satan heads up all evil... does this non-acceptance mean that they are right, or does it mean that, well meaning as they are, they are terribly deceived? Wiccans are correct in that we are all entitled to choose our own spiritual path and philosophy, but it is equally true that we must all accept the consequences of that choice. I have known G.M. just a short time and I see in her a beautiful soul, a lovely person, but totally deceived. I believe that most folk share her vision for a more peaceful, harmonious world - understanding and love is definitely part of the solution, however unqualified tolerance has dangerous implications. Can one tolerate evil? And should one tolerate deceit (defined as evil in disguise)? If your child came home from school and proudly showed you their latest math lesson... 2+2=5 would you tolerate this or would you gently point out to the teacher that she is teaching in error? I believe that the great number of Wiccans are good, sincere people, but Deceived (sic) and sincerely wrong... my point of reference? JESUS! (sic) You choose... Jesus or the Dragon."

*G.M. used an image of a sitting dragon on her invitation.

Does the content of the pamphlet constitute 'hate speech' against G.M. and the Wicca in general? Hate speech is defined in South African legislation and law as speech (or action) that amounts to 'incitement to cause harm'.(18) The author of the written diatribe said of the Wicca, a). "Wiccans do not believe in the God of the Bible", which is coincidently true, b). "or that Satan heads up all evil", also a true statement, and he asked whether c) "they [meaning the Wicca and G.M. specifically] are terribly deceived" / and "sincerely wrong"? He challenged his readers not to permit unqualified tolerance of deception, saying "unqualified tolerance has dangerous implications", and "would you tolerate this or would you gently point out to the teacher that she is teaching in error?". The author does not, at any point, incite readers to physically harm either G.M. or the Wicca, but he does encourage readers to "gently point out" that they are, in his view, "wrong", and in effect to doubt the veracity of her word. (19)

Was G.M. or any of the Pagans in the audience harmed, whether physically or emotionally, by the unexpected distribution of Christian propaganda against Wicca? The unexpected distribution of the pamphlet shocked all Pagans present and resulted in one Pagan leaving the gathering. One may assume that this person no longer felt comfortable when faced with naked religious intolerance? That he objected to having his right to congregate with members of his own religious persuasion infringed by the unwelcomed intrusion of arrogant prejudice? It is not unreasonable to suggest that his discomfort was shared by other Pagan members of the audience, including G.M. herself. (20)

In his math lesson analogy, the author of the diatribe imputes that because G.M. is, in his opinion, sincerely "deceived", she must therefore also be deceiving her audience into believing untruths (about Wicca). He premises his argument by stating "in the Bible, Satan is refered to as that Great Dragon who deceives the nations" [a reference to Revelation 12:9, "And the great dragon was cast out, that old serpent, called the Devil, and Satan, which deceiveth the whole world"].

If you are a Wiccan or Pagan his 'published' statements about the Wicca obviously constitute defamatory propaganda against a religious minority. If you're a charismatic Christian who uses the Bible as the definitive reference, his statements are 'true'. The author of the diatribe is constitutionally and legally entitled to freedom of belief and speech. He is not obligated to accept any belief contrary to that which he already believes.

Were his statements malicious (was it the author's deliberate intention to cause harm)? The author went to great lengths to prepare and distribute a pamphlet refuting the veracity of G.M. and the Wicca, obviously intending to bring disrepute on G.M. and Wicca. He was not invited nor requested to give his opinion on the veracity of Wiccan claims, but he did so anyway because he believed that he needed to tell G.M. and the Wicca that they were being deceived by Satan's lies. Did the untested libel injure G.M.'s sense of self-worth or reputation and standing as a Wiccan in her religious and/or social community? He clearly imputes G.M.'s trustworthiness by accusing her publicly of being dishonest about what he regarded as being the true nature of Wicca, of being, for want of less polite synonyms, a trickster, con-artist, lier, cheater, fool, misleader, sucker and swindler (a deceiver).

In her own words, "...I do think it was very rude of the Christians to turn up at a specifically Pagan meeting but I do not discourage them from coming to my picnics. I do feel education is the better option and I am not anti Christian. When I go out in public I think of myself as an ambassador for my religion and how I act reflects public opinion. I acted with dignity and indifference. They acted in bad taste. Therefore they embarrassed themselves and their religion and I did not embarrass mine. I honestly had to stop myself from laughing out loud at them....".

G.M. did not pursue legal action against the antagonist and did not encounter any further discrimination from him or from the Christians who had 'gate-crashed' the event with him.

Right of Admission Reserved

In 2004 R. chose to treat his wife M. to a sit-down dinner to celebrate a significant wedding anniversary. R. chose to reserve a table at a restaurant in the same shopping mall in which he owns and both run a well known Pagan store. The owner of the restaurant declined to reserve a table for R. and M. claiming that his Christian customers would not approve of eating with Witches. R. admits that the incident "upset" both him and his wife a great deal. When they had first taken occupancy of their shop a few traders in the centre had objected to having a Pagan shop on the premises. The owner of the centre had become acquainted with R. and M. and did not share the sentiment of the objectors.

May a restaurant deny entry to a person on the grounds of religious prejudice? According to the Bill of Rights, no person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. (21)

"The equality clause does not prohibit discrimination but rather unfair discrimination." (22) Was the owner's discrimination fair, i.e. "reasonable or justifiable in an open and democratic society based on human dignity, equality and freedom"? Or did it "impair fundamental human dignity"? (23) Even though the owner is a Christian, the restaurant itself is not advertised as a Christian-only establishment, which may perhaps have qualified it for denying entrance to non-Christians (fair discrimination). But many non-Christians eat at this establishment without being questioned about or excluded because of their choice of religion. The 'Right of admission reserved' clause permits the owner to deny entry to whomever he chooses, provided he does not provide a discriminatory reason for his decision to exclude. His given reason for refusing to permit R. and M. a table does not qualify as fair discrimination.

R. and M. chose not to pursue legal action for unfair religious discrimination in order to avoid any further repercussions which might lead to a loss of income. Neither have experienced any further incidents of discrimination.

References & Footnotes:

An historical perspective of religious freedoms in pre- and post apartheid South Africa.

(1) In Minister of Home Affairs and Another v Fourie and Another, with Doctors For Life International (first amicus curiae), John Jackson Smyth (second amicus curiae) and Marriage Alliance of South Africa (third amicus curiae) Case CCT 60/04 decided on 01 December 2005 and Lesbian and Gay Equality Project and Eighteen Others v Minister of Home Affairs and Others Case CCT 10/04 decided on 01 December 2005, the Constitutional Court, ruling in favour of the plaintiffs, declared the Marriage Act unconstitutional and ordered Parliament to redraft the Act. See: http://www.constitutionalcourt.org.za/site/gaylesb.htm for the full judgment (pdf 466 Kb).

(2) The Witchcraft Suppression Act 3 of 1957 as amended by the Witchcraft Suppression Amendment Act 50 of 1970 states:
It is illegal to accuse a person of witchcraft or sorcery, or to name a person as a witch or wizard or to injure or damage any person or thing on the advice of any witchdoctor, witch finder or similar person. The Witchcraft Suppression Act further determines that any person who:-
(a) Imputes to any other person the causing, by supernatural means, of any disease in or injury to any other person or thing, or who names or indicates any other person as a wizard;
(b) 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) Professed knowledge of witchcraft, or to use the charms, and advises any person how to bewitch, injure or damage any person or thing, or supplies any person with pretended means of witchcraft;
(e) On the advice of any witchdoctor, witch-finder or any 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, in 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 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 to conviction.

(3) In October 2005 the Sunday Independent published a story by Chris Makhaye entitled 'Banished to Helena'.
"Neighbouring villagers call it Tulo Yabaloyi - Place of Witches. Some say Helena is populated by sorcerers who are capable of sending deadly thunderstorms to wreak havoc on an enemy's home, or of using muti to bring about misfortune on their rivals. But its residents call it a sanctuary for those who have been falsely accused of witchcraft. There are 42 households lining Helena's dusty road. They come from different parts of Limpopo Province and were forced by circumstances to settle there. Each family has a tale to tell about how they were uprooted from their daily lives because they were accused of witchcraft."

(4) The Ralushai Commission reported that:
1. Some cultures in the Northern Province believe that death, illness or misfortunes are caused either by the ancestors (as punishment) or by evil spirits (witches). If witches are suspected witchdoctors, diviners or traditional healers will point out the individual through the process of divination (smelling out).
2. The Commission of inquiry into witchcraft, violence and ritual murders in the Northern Province of the Republic of South Africa has found that the overwhelming majority of people interviewed in the Northern Province, both rural and urban, and including members of the South African Police Services (SAPS), believe in witchcraft and therefore the existence of witches (baloi).
3. Some people are born as witches. In some cultures it is believed that should a baby be thrown against a wall and that baby clings to the surface without falling, he or she will grow up to become a witch.
4. Some people acquire witchcraft by medicine from a traditional healer or witchdoctor.
5. Many animals are associated with witchcraft such as owls, bats, baboons, pole cats, hyenas, cats and snakes. Articles associated with witchcraft include razor blades, mirrors, brown bread, traditional dishes, whirlwinds, pot-lids, plates, saucers, spoons, traditional horns blown at night, ball pens, gramophone records and books.
6. Whites are not believed to practise witchcraft, nor can they become the victims of such craft.
7. Lightning is of two types. Lightning caused by the mythical thunder bird never damages crops, dwellings, animals or humans. It is perceived as good lightning. Humans, on the other hand cause lightning which kills or destroys by putting muti (e.g. person’s urine) near the place where the lightning is required to strike. This is perceived as bad (evil) lightning (tladi).
8. Women are more accused than men of practising witchcraft at a ratio of 2:1.
9. Female reproductive processes such as menstruation, pregnancy or childbirth are regarded as impure or the result of supernatural powers (Minnaar et al 1998).
10. Witches are usually older than 20 years of age. Most are middle-aged females.
11. In the past witches were mostly expelled (banished) from their homes to isolated places where they formed small communities. Since the 1980s however, witch killings started to increase in South Africa, notably in Venda, Lebowa and Gazankulu in the Northern Province (Minnaar et al 1998). From January 1990 until April 1995, 455 cases related to witchcraft were reported to the SAPS in the Northern Province.
12. Prior to the 1980s most witches were killed by the community en masse.
13. In later years the killing was done by comrades (youths) ranging in age from 14 to 38 years. Some people believe that the youths were used by politicians or unscrupulous adults for their own purposes. The perception that many of these murders were politically instigated seems to be borne out by the statistics.
14. In 1996 the number of witchcraft related cases dropped from 676 in the first semester to 417 in the last semester, a decrease of 38%. In the first semester of 1998 not a single witchcraft related murder was reported in the Northern Province.
15. Witch killings tend to increase during times of violent turmoil.
16. According to the Ralushai Commission people are killed ritually for financial gain to make rain, to bring luck and in the case of the politically powerful to increase power and authority.

THE CULTURAL DEFENCE IN CRIMINAL LAW: SOUTH AFRICAN PERSPECTIVES
BY Pieter A. Carstens - Professor of Criminal and Medical Law, Department of Public Law, Faculty
of Law, Extraordinary Professor in the Department of Forensic Medicine, University of Pretoria

(5) The Bill of Rights, Chapter 2, The Constitution of the Republic of South Africa (Act 108 of 1996) http://www.polity.org.za/html/govdocs/constitution/saconst02.html?rebookmark=1

Cultural and religious prejudice in South African society.

(6) Servamus http://www.servamus.co.za/serv_bundel/bund_myst.htm

(7) 'South African Police Services Occult Related Crime Unit' by Kerr Cuhulain
http://www.witchvox.com/whs/dt_whs.html?aid=cabc&id=8980

(8) 'God's Detective: Left But Not Lost' - Servamus
http://www.10111.co.za/servamus/servamus200105/gods1.htm

(9) Servamus Special Edition advertising
http://www.servamus.co.za/

(10) The Promotion Of Equality And The Prevention Of Unfair Discrimination Act, 2000(Act 4 of 2000), refered to as the Equality Act, further entrenches the principle of equality by preventing and prohibiting unfair discrimination and harassment, promoting equality, eliminating unfair discrimination and preventing and prohibiting hate speech.
http://www.doj.gov.za/2004dojsite/eqact/eqc_other%20docs.htm

(11) South African Pagan Rights Alliance
http://www.geocities.com/paganrightsalliancesouthafrica/

(12) South African Police Service website
http://www.saps.gov.za/

(13) South African Police Service Code of Conduct
http://www.saps.gov.za/saps_profile/code_of_conduct/code_of_conduct.htm

(14) "Although the words 'advocacy of hatred' are capable of a narrow construction, the focus is likely to be placed on the second element: 'incitement to cause harm'. In R. v Keegstra [1990] 3 SCR 697, the Canadian Supreme Court described the 'harm' that may result from hate speech. The Court stated that emotional damage caused by words may have grave psychological and social consequences. A response of humiliation and degradation from the individual targeted by hate propaganda is to be expected. A person's sense of human dignity and belonging to a community at large is closely linked to the concern and respect accorded the groups to which he or she belongs. The derision, hostility and abuse encouraged by hate propaganda therefore have a severely negative impact on an individual's sense of self-worth and acceptance."
Bill of Rights Handbook - Published by Juta & Co LTD. 2001 ISBN 0 7021 5471 7

(15) Religious Freedoms at Risk - African Christian Democratic Party (ACDP) MP Steve Swart
 http://www.frontline.org.za/articles/religious_freedoms_at_risk.htm

(16) The Paganisation of South Africa by Dr Peter Hammond, Director of the Christian Action Network
http://www.christianaction.org.za/articles_ca/2004-1-The_paganisation.htm

(17) 'Religion in Education Policy', ACDP MP Rev. Kenneth Meshoe
http://www.acdp.org.za/issues/education.asp

Religious discrimination in the Rainbow Nation.

(18) "...the word 'incitement' is capable of a construction which requires the advocate of hatred to encourage or indoctrinate his or her audience to cause harm. If so interpreted, the question would be whether a speaker urges an audience tp practice what is preached and whether listeners are likely to respond by causing physical, financial or emotional harm to the target group. Despite these considerations, we submit that a broader concept of harm better corresponds to the purpose of the hate speech exception. The reason for the exception is precisely because hate speech causes... social and psychological harm." The Bill of Rights Handbook Chapter 16 page 320 Juta & Co LTD. 2001 ISBN 0 7021 5471 7

(19) The questions asked and answered, namely a). "Wiccans do not believe in the God of the Bible" and b). Wiccans do not believe "that Satan heads up all evil", are true. Wiccans do not hold the same religious beliefs concerning God, Satan or evil as do Christians. Each are entitled to their own opinions and conscience on matters concerning spirituality and religion.

(20) "In R. v Keegstra [1990] 3 SCR 697, the Canadian Supreme Court described the 'harm' that may result from hate speech. The Court stated that emotional damage caused by words may have grave psychological and social consequences. A response of humiliation and degradation from the individual targeted by hate propaganda is to be expected. A person's sense of human dignity and belonging to a community at large is closely linked to the concern and respect accorded the groups to which he or she belongs. The derision, hostility and abuse encouraged by hate propaganda therefore have a severely negative impact on an individual's sense of self-worth and acceptance." The Bill of Rights Handbook Chapter 16 page 319 Juta & Co LTD. 2001 ISBN 0 7021 5471 7

(21) Chapter 2 Section 9 (3) and (4) of the Constitution of the Republic of South Africa (Act 108 of 1996).
http://www.polity.org.za/html/govdocs/constitution/saconst02.html?rebookmark=1#9

(22) "Discrimination on one or more of the grounds listed is unfair unless it is established that the discrimination is fair."
Chapter 2 Section 9 (5) of Act 108 of 1996, and Chapter 9 9.4 (a) Bill of Rights Handbook - Juta & Co LTD. 2001 ISBN 0 7021 5471 7

(23) The court has held that the following factors must be taken into account in determining whether discrimination has an unfair impact:
   (1) The position of the complainants in society and whether they have been victims of past patterns of discrimination. Differential treatment that burdens people in a disadvantaged position is more likely to be unfair than burdens placed on those who are relatively well-off.
   (2) The nature of the discriminating law or action and the purpose sought to be achieved by it. An important consideration would be whether the primary purpose of the law or action is to achieve a worthy and important societal goal.
   (3) The extent to which the rights of the complainant have been impaired and whether there has been an impairment of his or her fundamental dignity.