Witchcraft belief not a licence to kill'

This was stated by Crown Counsel Sikhumbuzo Fakudze when making his submissions before Judge Bheki Maphalala.

Fakudze said he personally does not believe in witchcraft. He added that it was the duty of the court to uproot, from the citizens, the belief that they were being bewitched.

"The court has a duty to guard against the misguided belief of witchcraft," Fakudze cautioned. Fakudze was responding to lawyer Mduduzi Mabila’s submissions on behalf of Bongwa Mfanomdala Mavuso, who had been charged with murder.

Mavuso was charged with murder after he chopped Khetsiwe Dlamini with a sharp object resulting in her death. The offence took place on January 21, 2002 at Welcome, Shiselweni.

Mavuso, through a statement of agreed facts he entered with a Nhlangano magistrate, stated that he was annoyed to see Dlamini after she had told him that she was bewitching his wife, after which he chopped her.

Mavuso was at a nearby forest, chopping firewood when he met Dlamini. He pleaded not guilty to murder when the charge sheet was read out to him. This necessitated that the Crown to parade witnesses to prove its case.

At the close of the Crown’s case, Mavuso elected not to give evidence, particularly because same had been led before court through the statement of agreed facts.

"I have gone through the evidence and the submissions made in court. I find you guilty of murder with extenuating circumstances. I have also considered your belief in witchcraft and how it affected your mind," Judge Maphalala said. Extenuating circumstances are factors which have the effect of reducing the blameworthiness of the accused.

In mitigation for sentence, the court was told that the accused was not employed and had a wife and 10 children, who would suffer if he could be sent into custody. The court was also told that Mavuso was 29 years old at the time.

Mabila also said the deceased had bragged about her ‘black powers’ and stated that she did not buy muti but dug it from the mountain.

The attorney said this made the cas

e very different from others that had happened within the jurisdiction, where people had been killed on suspicions that they were involved in witchcraft.

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