By Features Editor
Zimbabwe is grappling with a profound cultural tension as colonial-era law clashes with deep-seated Shona tradition (chivanhu), particularly concerning the issues of witchcraft and inheritance. A recent surge in open discussions about spiritual harm (kuromba) and an increase in societal problems are being linked by traditionalists to the failure to uphold customary principles, which they argue are essential for a stable society and for honoring the ancestors (Mudzimu).
The “Witchcraft Act” and the Decriminalization of Sorcery
The most significant point of conflict is the status of witchcraft under modern Zimbabwean law. The colonial-era Witchcraft Suppression Act [Chapter 9:19], and its subsequent update within the Criminal Law (Codification and Reform) Act [Chapter 9:23], does not recognize witchcraft as a verifiable crime.
The Colonial Legacy: Historically, this legislation was introduced by the British based on the premise that witchcraft is merely “pretended” or “so-called” sorcery.
The True Offence: The Act’s primary focus is not on the practice of witchcraft itself, but on naming or indicating another person as a witch or wizard. This is the act that is criminalized, intended to prevent the social ostracism, violence, and extrajudicial punishment that characterized traditional responses—like the banishment mentioned in the oral tradition, or the alleged historical practice at places like Gandavaroi in Gokwe.
The Cultural Impact: As pointed out by traditionalists, the legal environment now allows people to practice or discuss spiritual harm freely, as long as they don’t publicly accuse a specific individual. This is seen as a breakdown of social control, enabling wicked acts (kuromba) under the guise of cultural practice (chivanhu) and leading to households (misha) that are “ungovernable” or full of misery (asingagarike).
The Customary Process: Traditionally, disputes related to unexplained death or misfortune would be taken to a spiritual court known as Gata (or through a process of divination by a n’anga). The Gata court would identify the spiritual cause or perpetrator. While this process still happens informally, the formal legal system dismisses its findings, leading to frustration and the feeling that true justice for spiritual crimes is denied.
ZINATHA: Licensing Healers, Not Witches
The Zimbabwe National Traditional Healers Association (ZINATHA) was established to organize and register traditional practitioners (n’anga and spirit mediums) after independence in 1980.
Role: ZINATHA licenses these healers, who are generally seen as practitioners of traditional medicine, diagnosis, and spiritual consultation for healing, not for harming. They are guided by a code of conduct.
Legal Distinction: The legal system recognizes the role of the n’anga as a traditional practitioner, but remains deeply suspicious of any practice that veers into the realm of witch-finding (naming a witch) or witchcraft (using harmful non-natural means). This creates a constant grey area for healers who, culturally, are expected to identify the source of spiritual problems.
Inheritance Law and the Erosion of Lineage (Dzinza)
The conflict between customary and general law is equally pronounced in matters of inheritance, leading to further perceived cultural decay, especially regarding the integrity of the lineage (dzinza).
Customary Law (Chikaranga): Under Shona tradition, the primary goal of inheritance is to secure the deceased’s property for the benefit of the family and the lineage—not just the individual spouse. The spouse and children were traditionally taken care of, but the property was often overseen by the appointed male heir to safeguard the dzinza. Kuripa (compensation for blood/death), which involves property or people, also played a crucial role in maintaining balance between clans.
The Modern Legal Framework: The law of intestate succession (dying without a will) now mandates that the surviving spouse inherits the matrimonial home and household goods, with the rest of the estate being shared between the spouse and children. This law prioritizes the individual rights of the surviving spouse over the traditional collective rights of the dzinza.
The Conflict: The traditional perspective, as highlighted, is that when a widow inherits all property and subsequently remarries, the new husband effectively inherits the “sweat” of the first, potentially incurring spiritual and relational problems that affect the children. The traditional safeguards involving clan elders like the Machembere (wise female elders) and Teteguru (paternal aunt/senior female relative), who are seen as having “direct ownership” over the clan, are bypassed, leading to unstable homes (misha), high divorce rates, and a breakdown in family cohesion.
Ultimately, these interconnected legal conflicts—the failure to prosecute spiritual crimes, and the modernization of inheritance—are viewed by many traditionalists as the root cause for why the nation is experiencing a crisis of morality and why families are struggling to “fix chikaranga” (maintain traditional ethics and customs).
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