Approval of special leave for ukuthwasa by the City of Tshwane signifies a notable transformation in employment law in relation to the recognition of African spirituality.
Posted: 5 June, 2025 Filed under: Kodisang Bokaba, Konanani Happy Raligilia, Rorisang Thage, Tendani Musekwa | Tags: African customary law, African People, ancestors, and traditional learning journey, City of Tshwane, Dlozi, Indigenous practices, initiation process, labour laws, medications and herbs, paid academic leave, progressive development, Sedimo, South Africa, special leave, spiritual calling, traditional healers, ukuthwasa, Vhadzimu Leave a comment|
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Konanani Raligilia |
Kodisang Bokaba |
Rorisang Thage |
Tendani Musekwa |
The City of Tshwane has recently approved a policy that provides special leave for employees who need to undergo ukuthwasa. Ideally, ukuthwasa is a process that involves the spiritual calling of people who were chosen by the ancestors to undergo the initiation process, which results in becoming traditional healers. This is a significant approval in South Africa, especially from a government institution. The announcement is a positive and progressive development from an employment law perspective. It also aligns with the Constitution’s values, recognising African customary law and indigenous practices. It addresses the issues related to the Indigenous practices of African people, particularly concerning the ongoing victimisation of those undergoing spiritual training. In contrast, individuals who pursue Western academic training continue to enjoy a recognised status in the workplace. We must shift our perspective to recognise that while the matter at hand is spiritual, the ukuthwasa journey is centred on learning. Therefore, it is important first to define and clearly understand what a spiritual calling is.
Protecting African spirituality from stigmatisation: Reflections on the ongoing enquiry by the judicial conduct tribunal into Judge Nomonde Mngqibisa-Thusi’s conduct
Posted: 23 May, 2024 Filed under: Kodisang Bokaba, Konanani Happy Raligilia, Mametlwe Sebei | Tags: African jurisprudence, African spirituality, alleged misconduct, Bill of Rights, culture, Gogo Aubrey Matshiqi, indigenous African people, Judicial Conduct Tribunal, judicial responsibilities, Nomonde Mngqibisa-Thusi, physical isolation, right to religion, Universal Declaration of Human Rights 2 Comments |
Author: Konanani Raligilia Senior Lecturer, Department of Jurisprudence, UNISA |
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Author: Kodisang Bokaba Senior Lecturer, Department of Jurisprudence, UNISA |
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Author: Mametlwe Sebei Contract Lecturer, UNISA |
The question of African spirituality came into the spotlight at the Judicial Conduct Tribunal (Tribunal) into Judge Nomonde Mngqibisa-Thusi’s alleged misconduct for her failure to hand down over 20 judgments due to, among other factors, African spirituality. The Tribunal was held in-camera primarily because Judge Mngqibisa-Thusi was battling with health and personal issues. One of her witnesses was traditional healer, Gogo Aubrey Matshiqi, who testified that the “question of African spirituality must be put on the judicial agenda.” Indeed, African spirituality should not be viewed in isolation from the Constitution. The same Constitution makes provision for the right to religion, belief, and opinion in section 15(1) and to the enjoyment of everyone’s culture, practise their religion and use their language under section 31(1)(a) of the Bill of Rights respectively.
Politics of witchcraft and mental illness in the black communities
Posted: 21 October, 2022 Filed under: Konanani Happy Raligilia | Tags: Andile Mxakaz, brutal assaults, Christian state, cultural heritage, Jostina Sangweni, killings, legislative framework, mental illnesses, religious denominations, rural communities, Satanic church, scientific approaches, spirituality, Steve Biko, violence against women, witchcraft, Witchcraft Suppression Act in 1957 3 Comments
Author: Konanani Happy Raligilia
Acting HoD, Department of Jurisprudence, University of South Africa
When asked by Judge Boshoff about his views on witchcraft, Steve Biko had this to say; “we do not reject it [witchcraft], we regard it as part of the mystery of our cultural heritage, [and] we feel for ourselves it has not been sufficiently looked into with available scientific approaches as of this moment.” Indeed, issues relating to witchcraft are public interest matters and that is so because ordinarily they highlight conflicting and contending views about spirituality. Arguably, the attributing factor to this contesting view is the fact that at the time of the enactment of Witchcraft Suppression Act in 1957, South Africa was still a Christian state as opposed to the current secular post-democratic one which embraces all religious denominations and cultural heritage. The Witchcraft Suppression Act of 1957 exposes a reality that this law failed to divide matters of spirituality and witchcraft, thereby creating a vacuum which often results in members of the communities resorting to judging those who are perceived as witches based on Christian standards of acceptability and norms. Regrettably, the Witchcraft Suppression Act does not provide a definitive answer of what constitutes witchcraft, yet its founding purpose is aimed at suppressing practices of witchcraft and similar practices. However, Reverend Riaan Swiegelaar and Dr Adri Norton announced the country’s first Satanic church in June 2020. It remains to be seen whether its practices would fall out of this witchcraft’s legislative framework and whether those potential witchcraft practitioners would then be prosecuted and punished.
AfricLaw 