Open AccessBELIEF IN WITCHCRAFT AS A MITIGATING FACTOR IN SENTENCING S v Latha 2012 (2) SACR 30 (ECG)
Author(s) -
Shan Hoctor
Publication year - 2021
Publication title -
obiter (port elizabeth. online)/obiter (port elizabeth)
Language(s) - English
Resource type - Journals
eISSN - 2709-555X
pISSN - 1682-5853
DOI - 10.17159/obiter.v33i2.12165
Subject(s) - punishment (psychology) , witch , wizard , order (exchange) , law , psychology , phenomenon , task (project management) , criminal law , criminology , social psychology , epistemology , political science , philosophy , computer science , business , economics , ecology , management , finance , world wide web , biology
Supernatural belief does not sit easily with the law. Squaring such belief with legal concepts such as the reasonable person is a particularly vexing task. Nevertheless, it is necessary for the courts to take account of such belief as a fact of the South African society. Belief in witchcraft is an ongoing and widespread phenomenon, giving rise to the question whether such belief can play a role in exculpating, or mitigating the punishment of those who engage in criminal conduct as a consequence of such belief. A recurring problem for the courts is how to deal with the situation where a genuine belief in witchcraft provides the motivation for the killing of a suspected witch or wizard in order to protect or defend the interests of the accused or another person. Can such a belief mitigate punishment? This problem arose in the case of S v Latha (2012 (2) SACR 30 (ECG)).