WITCHCRAFT AT WORK
DECEMBER 2025
Synopsis
Employers around the world should be aware of and sensitive towards cultural diversity. South Africa is an excellent example of workplaces where not only various cultures but also religion, belief systems and languages converge.
There is no precise definition of the term “witchcraft”, but in the South African context, the word “witchcraft” is often used to describe evil and/or criminal practices with ritual killings and misfortune in general. Practising witchcraft forms part of some cultures; the question is, “How does this practice impact the workplace and its employees?”
KEY DISTINCTIONS BETWEEN A SANGOMA, A TRADITIONAL HEALER, AND A WITCH DOCTOR
SANGOMA | TRADITIONAL HEALER | WITCH DOCTOR | |
Origin of prower | A spiritual calling from ancestors. | Inherited knowledge passed down through generations. | The “power” is believed to be derived from malevolent sources, such as “evil kingdoms” or “unclean ancestors”. |
Role | Spiritual healers, diviners, and traditional health practitioners who act as a link between the living and ancestral spirits. | Community figures who provide medical and sometimes spiritual guidance. | The term has become a derogatory label, often used to describe those who practice witchcraft, cause harm, or use human body parts for evil purposes. |
Practice | Use rituals, ceremonies and tools, such as incense and snuff, to communicate with ancestors and help community members with spiritual, social and even psychological issues, such as anxiety and grief. | Diverse methods depending on the specific system, such as herbal remedies, rituals, acupuncture or promoting balance, as described on Medicine, Mending and Mastery: Southern Africa’s Traditional Healers.1 | Associated with casting spells, creating potions for malevolent purposes, and other evil practices. |
Regardless of a Western lifestyle or even Christian beliefs, for some people, traditional medicine, witchcraft and ancestral presence are real and relevant. As much as we need to be aware and sensitive to colleagues’ beliefs, it is just as unacceptable/unlawful to abuse the fear or superstition of colleagues for certain practices or beliefs.
There is no precise definition of the term “witchcraft”, but in the South African context, the word “witchcraft” is often used to describe evil and/or criminal practices with ritual killings and misfortune in general.
What to do when one employee is said to practice witchcraft on another or to use muti to cast a spell on another employee? This is a serious matter and should not be taken lightly. Practising witchcraft or threatening to cast spells on co-workers constitutes serious misconduct and is comparable to harassment.
A PRACTICAL EXAMPLE BASED ON CASE LAW
National Sugar Refining Allied Industries Union obo Mngomezulu v Tongaat Hulet Sugar Ltd
(Darnall) [2016] 11 BALR 1172(NBCSMRI)
On 24 March 2014, Ms Nxele discovered a black slimy substance on her car’s handle. She then had an urge to pray, and she said she did not feel right when she made contact with the substance. An expert witness eventually testified that it was indeed muti that Mr Mngonmezulu had applied. The facts showed that Mr Mngonmezulu intended to cause spiritual, mental or physical harm to the victim by means of practising and the belief in witchcraft.
Mr Mngonmezulu was dismissed after being charged with:
- Placing the safety, health and/or life of Ms Nxele at risk.
- Case law tells us that it is irrelevant if the perpetrator successfully achieved his/her purpose for the action to constitute misconduct.
- It was found that the seriousness of the intimidation has damaged the trust relationship between the employer and employee.
The Court went further to say that even if the victim is a Christian, like in Ms Nxele’s case, in the African context, witchcraft is still a very strong force, and she came from a cultural background where the belief in witchcraft was part of her cultural heritage.
What if the victim does not believe in witchcraft or the power of muti? The conduct of the perpetrator is still misconduct. What employees should understand is that any form of witchcraft directed at a colleague is serious misconduct and is viewed as a dismissible offence. Similar to harassment, bullying and/or victimisation, it is irrelevant what the perpetrator’s intentions were, the “test” is focused on the impact, belief or perspective of the victim.
Similar to false accusations of racism and/or harassment, falsely accusing someone of practising witchcraft or being a witch is equally serious because, in some communities, people accused of being witches are killed (see SA Chemical Workers Union and Another v NCP Chlorchem (Pty) Ltd and Others (2007) 28 ILJ 1308 (LC)).
LEGISLATIVE FRAMEWORK
The Preamble to the Witchcraft Suppression Act 3 of 1957 (WSA) provides that the purpose of the Act is to “provide for the suppression of the practice of witchcraft and similar practices.”
In February 2007, the Commission received a request from the South African Pagan Rights Alliance (SAPRA) to conduct an investigation into the constitutionality of the WSA and the then-proposed Mpumalanga Witchcraft Suppression Bill, which had been published in 2007.
It is their view that to the extent that the Act provides for the suppression of witchcraft, an expression of their religion, it contradicts several provisions contained in Chapter 2 of the Constitution of the Republic of South Africa, 1996. By prohibiting the practice of witchcraft, such laws deny citizens their constitutional rights to religious freedom (section 15); the right to freedom of expression (section 16); equality (section 9); human dignity (section 10); freedom and security of the person (section 12); and their right to choose their trade, occupation or profession freely within South Africa (section 22).
Despite the recommendation and constitutional concerns of the South African Law Reform Commission, the WSA remains legally enforceable until new legislation is officially passed by Parliament.
Legislation that would play a role in assessing and dealing with acts or incidents of witchcraft in the workplace could be:
- The Occupational Health and Safety Act 85 of 1993 (OHSA)
- Physical and psychological safety
- The Constitution of the Republic of South Africa, Act 108 of 1996 (The Constitution)
- Chapter 2: Human rights and listed grounds
- The Employment Equity Act 55 of 1998 (EEA)
- Harassment of an employee = unfair discrimination
- Section 60 = vicarious liability
- 18 March 2022: The ‘new’ Code of Good Practice on the Prevention and Elimination of Harassment in the workplace repealed the previous two Codes
THE IMPACT ON YOUR BUSINESS
Takeaway for employers
- Employers do not have to rewrite their disciplinary codes, but it is best to send a memo to staff indicating under what type of misconduct the casting of spells, applying or using muti, and other actions or threats of witchcraft could fall. For example, these could fall under harassment and/or bullying, depending on the specific facts or circumstances present in an incident.
- Present cultural sensitivity training.
- Ensure that proper induction as well as refresher training on workplace policies are done.
REFERENCES
Google. Is a sangoma a witch doctor. Available at: https://www.google.com/search?q=is+a+sangoma+a+witch+doctor&rlz=1C5CHFA_enZA865ZA865&oq=is+a+sangoma+&gs_lcrp=EgZjaHJvbWUqBwgCEAAYgAQyDQgAEAAYkQIYgAQYigUyBggBEEUYOTIHCAIQABiABDIHCAMQABiABDIICAQQABgWGB4yCAgFEAAYFhgeMggIBhAAGBYYHjIICAcQABgWGB4yCAgIEAAYFhgeMggICRAAGBYYHtIBCDU1MzlqMGo3qAIAsAIA&sourceid=chrome&ie=UTF-8
South African Law Reform Commission. Project 135: The review of the Witchcraft Suppression Act 3 OF 1957. Available at: https://www.justice.gov.za/salrc/dpapers/dp158-p135-Revised-Review-WitchcraftSuppressionAct.pdf
De Rebus 2017 May DR 51
Witchcraft Suppression Act 3 of 1957. Available at: https://www.justice.gov.za/legislation/acts/1957-003.pdf
