In a notable legal verdict in Zambia, a court in Lusaka has sentenced Leonard Phiri, a Zambian national, and Jasten Mabulesse Candunde, a Mozambican, to two years in prison with hard labour for plotting to kill President Hakainde Hichilema via witchcraft. The conviction was under Zambia’s colonial‑era Witchcraft Act, which dates from 1914.
Facts of the Case
Phiri, aged about 43, and Candunde, about 42, were arrested in December after a cleaner at a hotel reported hearing strange noises coming from a room. When the room was searched, authorities found various “charms,” including a live chameleon, an animal tail, unidentified powders, and cloths. These items were allegedly to be used in a ritual that, according to Phiri, would result in President Hichilema’s death within five days. Prosecutors also alleged that the two men had been hired by Nelson Banda, the brother of fugitive opposition MP Emmanuel “Jay Jay” Banda, to carry out the ritual.
Legal Basis & Sentence
The men were convicted under two counts under the Witchcraft Act: one for professing knowledge or practising witchcraft, and another for possession of charms. Despite being first‑time offenders and their request for leniency, the court deemed the intent severe. Magistrate Fine Mayambu found that their intent was to kill not just the president but that the act posed a wider threat to national stability, saying the convicts were “enemies of all Zambians.”
While they received a sentence of 24 months for the primary offence, additional shorter terms (six months) were given for ancillary charges such as possessing charms but these are to run concurrently, so the total effective punishment is two years.
Broader Context & Implications
This case is the first of its kind in Zambia involving an attempt to use witchcraft specifically targeted at the president. It sheds light on how colonial‑era laws—like the Witchcraft Act—remain on the books, and are capable of being invoked in politically sensitive cases. The case also touches on continuing strong belief in witchcraft in Zambia. A 2018 study by the Zambia Law Development Commission found that some 79% of Zambians believe in witchcraft.
Critics of the judgment are likely to question whether the law is being used fairly, especially given its origins in colonial legal frameworks and its potential for abuse. The involvement of political figures (such as the alleged hiring by a lawmaker’s brother) heightens concerns about whether the case is strictly about justice or whether it has political motivations.
If you like, I can also look into how this case is being received by civil society in Zambia, or how similar laws are applied elsewhere in Africa.
