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.
The right to happiness in Africa
Posted: 13 July, 2016 Filed under: Saul Leal | Tags: Africa, apartheid, Christopher Mbazira, colonialism, constitution, David Bilchitz, economic development, Egypt, employment, Frederick Fourie, freedom, Ghana, Justice Albie Sachs, Leopold Sadar Senghor, Liberia, liberty, Namibia, Nigeria, racism, right to happiness, right to life, safety, security, South Africa, Steve Biko, Stu Woolan, Swaziland 3 Comments
Author: Saul Leal
Vice-Chancellor Postdoctoral Fellow, Institute for International and Comparative Law in Africa (ICLA)
Leopold Sedar Senghor said: emotion is African.[1] This emotion has been channeled to constitutions. Happiness is a core value in many African constitutions. It was explicitly mentioned in Liberia, Namibia, Ghana, Nigeria, Swaziland, and Egypt.
Article 1 of the Constitution of Liberia, 1986, proclaims that all free governments are instituted by the people’s authority, for their benefit, and they have the right to alter and reform it when their safety and ‘happiness’ require it.[2] The preamble of the Egyptian Constitution, 2014, cites ‘a place of common happiness for its people’. The Namibian Constitution, 1990, assures the right ‘to the pursuit of happiness’. In this regard, Frederick Fourie defends the preamble of the Namibian Constitution, explaining that it is coloured by the struggle against colonialism and racism; that it is built around the denial of the ‘right of the individual life, liberty and the pursuit of happiness’ by colonialism, racism and apartheid.[3]
The tragic dialectic between happiness and apartheid
Posted: 21 June, 2016 Filed under: Saul Leal | Tags: apartheid, Barnett Potters, Constitution of South Africa, democracy, discrimination, freedom, happiness, Hendrik Verwoerd, human dignity, human rights, inequality, non-racialism, non-sexism, policy of separate development, prejudice, racism, right to happiness, sadism, segregation, Steve Biko, superiority 3 CommentsAuthor: Saul Leal
Vice-Chancellor Postdoctoral Fellow, Institute for International and Comparative Law in Africa (ICLA)
Some political speeches announce tragedies. In South Africa, the tragedy was announced during a radio broadcast on 17 March 1961, when the people heard the following statement: “The policy of separate development is designed for happiness, security, and stability (…) for the Bantu as well as the whites”. It was the first phrase proclaimed by the Prime Minister of the Union of South Africa, Hendrik Verwoerd, in his Address to the Nation. The policy of separate development would prove to be a scandalous euphemism. Verwoerd continued to promise that “we shall provide all our races with happiness and prosperity”.[1] Verwoerd would become known as “the architect of apartheid”.
The South African Governor-General was Supreme Chief in the Transvaal up until 1956. At that time, Cape Africans were considered too advanced to be treated as an underclass. Elizabeth Landis, an American expert on Southern Africa affairs, explains that the government had to change this consideration, with the explanation that ‘if we want to bring peace and happiness to the Native population (…) then we cannot do otherwise than to apply this principle which has worked so effectively in the other three provinces, to the Native population of the Cape as well (…)”.[2] Happiness therefore becomes a scapegoat.
Happiness as constitutional empowerment in Nigeria
Posted: 20 May, 2016 Filed under: Saul Leal | Tags: Bamidele Aturu, capitalism, constitution, Constitutional rights, Easterlin’s Paradox, economic power, Femi Aborisade, Frantz Fanon, GDP, Justice M. Bello, materialism, Nigeria, oil, petroleum, resistance, right to happiness, socio-economic well-being, Steve Biko, sustainable economy, welfare 5 CommentsAuthor: Saul Leal
Vice-Chancellor Postdoctoral Fellow, Institute for International and Comparative Law in Africa (ICLA)
In Nigeria, happiness is understood as a Constitutional right and is more than a mere linguistic expression. Section 16(1)(b) of the Constitution provides that ‘the State shall, within the context of the ideals and objectives for which provisions are made in this Constitution, control the national economy in such a manner as to secure the maximum welfare, freedom and “happiness” of every citizen on the basis of social justice and equality of status and opportunity’. Nigeria thus constitutionalized happiness as part as its movement toward to a sustainable economy. This prevents the interference of economy with the people’s happiness.[1]
Nigeria shows how commitment to peoples’ happiness is able to diminish the strength of money in areas which must not be sold, thus emphasizing that there are things that money cannot buy. The African collective trauma caused by the intense economic exploitation conducted by the colonial system shows its value by inserting limitative factor into a constitutional provision in order to face the eventual side effects of unlimited economic power. The Nigerian government’s decision to deregulate the pricing of petroleum, the nation’s most valuable asset, ended up in court in a case which reached landmark status.
AfricLaw 