Can Malawi Confront Witchcraft Accusations Fairly?

Introduction

Malawi faces a difficult legal and social challenge: belief in witchcraft is widespread, yet accusations of witchcraft frequently lead to exclusion, assault and sometimes murder of people who cannot defend themselves against claims that cannot be tested in court. For more than a century, the country’s legal approach has been to punish accusations, fraudulent claims of supernatural power and dangerous ordeals rather than to recognise witchcraft itself as a criminal offence. That approach has not ended violence. Instead, Malawi continues to debate whether the law should better acknowledge popular beliefs or whether doing so would expose vulnerable people to even greater risks.

The debate matters because it sits at the intersection of criminal justice, human rights and public confidence in the state. Policymakers must balance respect for deeply held cultural beliefs with the principle that criminal convictions require evidence that courts can fairly examine.

What the Witchcraft Act prohibits

Malawi’s Witchcraft Act dates to 1911, during British colonial rule, and remains the foundation of the country’s legal response. Rather than attempting to determine whether witchcraft exists, the Act seeks to prevent harms arising from accusations and dangerous practices. It prohibits:

The law reflects a practical legal principle: courts can investigate intimidation, fraud, violence and false accusations, but they cannot reliably determine whether supernatural acts occurred. As a result, the legislation attempts to prevent communities from using unverifiable allegations to justify punishment.

Critics, however, argue that many citizens interpret the Act as denying experiences they consider real. This gap between legal reasoning and popular belief has remained a source of tension for decades.

Why accusations become violent

The greatest danger in Malawi is usually not belief itself but the social consequences of accusation.

Allegations often emerge after events that demand an explanation but have no obvious cause, including:

Once suspicion spreads, ordinary disagreements may be reinterpreted as evidence of hidden supernatural intent. Rumours can quickly become accepted within a community despite the absence of objective evidence.

Human rights organisations have repeatedly documented cases in which accused individuals have been beaten, expelled from their villages, had their homes destroyed or been killed by mobs before police could intervene. Older people—especially older women living alone—appear particularly vulnerable because they may already be socially isolated or economically dependent on relatives.[Human Rights Watch]hrw.orgHuman Rights WatchWorld Report 2024: Malawi | Human Rights Watch…

Who is targeted and why

Research consistently finds that accusations are not distributed randomly across society.

Groups facing the highest risk include:

An Afrobarometer survey found that around three-quarters of Malawians expressed strong belief in the existence of witchcraft. The same survey found widespread concern that older people are especially vulnerable to accusation. Belief itself therefore remains socially mainstream even while the law discourages making accusations.[Human Rights Watch]hrw.orgHuman Rights WatchWorld Report 2024: Malawi | Human Rights Watch…

The accusations often reveal existing social inequalities. Elderly women may possess land that younger relatives hope to inherit. Individuals who behave differently because of age, illness or disability may become convenient targets when communities search for someone to blame after tragedy.

Why violence persists despite the law

The persistence of attacks illustrates the limits of criminal legislation by itself.

Several factors weaken enforcement:

Human Rights Watch has documented continuing attacks despite the existence of the Witchcraft Act. According to figures reported by the Malawi Network of Older Persons Organisations (MANEPO), reported killings and abuses linked to witchcraft accusations have remained a serious concern in recent years. Human Rights Watch noted reported killings of older people in both 2023 and 2024 alongside many additional assaults and abuses.[Human Rights Watch]hrw.orgHuman Rights WatchWorld Report 2025: Malawi | Human Rights Watch…

The legal prohibition therefore has not eliminated the underlying social dynamics that generate accusations.

The unresolved case for legal reform

The most controversial question is whether Malawi should formally recognise witchcraft in law.

Supporters of reform argue that:

Some official review processes have considered proposals that would acknowledge the existence of witchcraft more explicitly in legislation, arguing that the law should better reflect Malawian beliefs.[Humanists International]humanists.internationalMalawi: Humanists express concern over proposal to recognize existence of ‘witchcraft’March 29, 2023…Published: March 29, 2023

Opponents raise a different concern. They argue that recognising witchcraft as a prosecutable offence would inevitably require courts to evaluate dreams, divination, visions or community suspicion instead of objectively testable evidence. Human rights organisations warn that such changes could make wrongful prosecutions easier while increasing violence against already vulnerable groups.[Humanists International]humanists.internationalInternational Witchcraft related human rights violations in MalawiWitchcraft related human rights violations in Malawi - Humanists International…

This disagreement is not simply philosophical. It concerns the basic rules of criminal justice: whether a court can fairly determine guilt when the alleged act cannot be independently verified.

A broader shift towards protecting vulnerable people

Recent legal developments suggest that Malawi has increasingly focused on protecting people who become targets of accusations rather than attempting to prove supernatural wrongdoing.

In 2024 the country enacted legislation strengthening protections for older people. Human rights organisations welcomed greater legal recognition of older people’s rights while arguing that further reforms are still needed to address attacks connected with witchcraft allegations and to ensure effective investigation and prosecution of offenders.[Human Rights Watch]hrw.orgHuman Rights WatchWorld Report 2025: Malawi | Human Rights Watch…

Alongside legal reform, advocacy groups have called for:

Why the debate remains unresolved

Malawi’s experience demonstrates that legal reform alone cannot resolve conflicts rooted in deeply held beliefs. The country’s century-old Witchcraft Act attempts to prevent violence by criminalising accusations rather than supernatural practices themselves. Yet widespread belief in witchcraft means many citizens continue to view the law as disconnected from lived experience.

The central policy dilemma therefore remains unchanged: how can the state acknowledge the social reality of witchcraft belief while ensuring that nobody is assaulted, excluded or convicted on the basis of claims that cannot be fairly tested in court? Malawi has not found a definitive answer, but recent reforms increasingly emphasise protecting those most vulnerable to accusation while maintaining the principle that criminal justice must rely on evidence rather than unverifiable supernatural claims.

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Further Reading

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Endnotes

1. Source: humanists.international
Link:https://humanists.international/2023/03/malawi-humanists-express-concern-over-proposal-to-recognize-existence-of-witchcraft/

Published: March 29, 2023

2. Source: humanists.international
Title: International Witchcraft related human rights violations in Malawi
Link:https://humanists.international/advocacy-statement/witchcraft-related-human-rights-violations-in-malawi/

3. Source: fot.humanists.international
Title: international Malawi
Link:https://fot.humanists.international/countries/africa-eastern-africa/malawi/

4. Source: afrobarometer.org
Link:https://www.afrobarometer.org/articles/most-malawians-believe-in-the-existence-of-witchcraft-and-support-criminalising-it/

5. Source: humanists.international
Title: Malawi humanists launch report on witchcraft-based violence
Link:https://humanists.international/2012/07/malawi-humanists-launch-report-witchcraft-based-violence/

6. Source: humanists.international
Title: Malawi Humanists campaign to free alleged witches
Link:https://humanists.international/2010/11/malawi-humanists-campaign-free-alleged-witches/

7. Source: humanists.international
Title: Malawi Archives
Link:https://humanists.international/location/malawi/

8. Source: malawilii.org
Link:https://malawilii.org/akn/mw/act/1911/4/eng%402014

Published: December 31, 2014

9. Source: malawilii.org
Title: Malawi Legal Information Institute Witchcraft Act
Link:https://malawilii.org/akn/mw/act/1911/4/eng%402014-12-31/provision/sec_6

10. Source: hrw.org
Link:https://www.hrw.org/world-report/2024/country-chapters/malawi

11. Source: hrw.org
Link:https://www.hrw.org/world-report/2025/country-chapters/malawi

12. Source: hrw.org
Link:https://www.hrw.org/news/2025/04/07/submission-to-the-universal-periodic-review-of-malawi

13. Source: hrw.org
Title: The decision contradicts fundamental rights, including
Link:https://www.hrw.org/africa/malawi

Published: June 24, 2026

14. Source: malawilii.org
Link:https://malawilii.org/akn/mw/act/1967/36/eng%402014

15. Source: hrw.org
Link:https://www.hrw.org/world-report/2026/country-chapters/malawi

Additional References

16. Source: mhrcmw.org
Link:https://mhrcmw.org/2026/05/12/condemnation-of-mob-violence-following-the-killing-of-seven-people-in-nsanje-and-chikwawa-districts-including-16-older-persons-killed-across-the-country-this-year/

Published: May 12, 2026

17. Source: investigative-malawi.org
Title: Malawi’s elderly bear Witchcraft violence cost
Link:https://www.investigative-malawi.org/3234/witchcraft-elderly/

Published: April 15, 2026

18. Source: youtube.com
Link:https://www.youtube.com/watch?v=cPbumaTqTKk

19. Source: youtube.com
Title: Malawi scrambles to stop spate of witchcraft mob attacks
Link:https://www.youtube.com/watch?v=EEXamAr9e8U

20. Source: youtube.com
Title: Malawi Charity Provides Hope for Elderly, Including Some Accused of Witchcraft
Link:https://www.youtube.com/watch?v=FLvudfowdD0

21. Source: youtube.com
Title: Meet the anti-witch hunter
Link:https://www.youtube.com/watch?v=yzBi8KVSwlY

22. Source: youtube.com
Title: Witchcraft Belief in Malawi | Wonderful Mkhutche | TEDx Bwaila
Link:https://www.youtube.com/watch?v=ssTIOhg2YBk

23. Source: lawcom.gov.mw
Link:https://lawcom.gov.mw/

24. Source: ir.lawnet.fordham.edu
Title: faculty scholarship
Link:https://ir.lawnet.fordham.edu/faculty_scholarship/399/

25. Source: ecoi.net
Link:https://www.ecoi.net/en/document/2103236.html