(file 09082508) This is a short case of witchcraft accusations between two brothers, 69 and 40 years, from a rural area in north-western Swaziland. The incident occurred in late july and was tried about one month later at the Swazi National Court in peri-urban Piggs Peak. A similar issue was pending at the village court (band-lancane) in their home area. The complainant, 69 years old, reported to the Royal Swaziland Police that transferred the case to the Swazi National Court.
This court has jurisdiction on matters falling under Swazi law and custom and is known for its quick justice. The court is presided by a court president and sup-ported by two male assessors and a female clerk. The following is an account of the proceedings as mainly reconstructed from my field notes. The complainant was often inarticulate and the court officials therefore seemingly annoyed.
THURSDAY, AUgUST 25, 2009 – SwAzI NATIoNAl CoURT, PIggS PEAk, SwAzIlAND
ClERk: on the 21st of july 2009 you are accused to have insulted your elder brother by accusing him of being a witch. How do you plead?
DEfENDANT: Innocent.
ComPlAINANT: [takes oath]
ClERk: It makes me sad to see that you’re failing to come together, discuss and solve the problem.
ComPlAINANT: The thing that really hurts me is that he is calling me a witch. on that day at about 5 p.m. I drove my goats and my cattle to the kraal, and he was watching me from his window. He said he was looking for me because my goats were always feasting his maize. He then accused me of be-ing a witch, so I decided to call another brother of ours to tell him about that.
ClERk: Defendant, you are now allowed to ask questions to the complain-ant. Do you have any questions?
DEfENDANT: okay, it is true that I was at the window. But why do you allow your goats to enter my fields? And tell me, where was I when I suppos-edly had called you a witch?
ComPlAINANT: You were in your homestead, at the window watching me.
DEfENDANT: But how could I dare to just insult you like that?
ComPlAINANT: You called me a witch.
DEfENDANT: I only asked you that how I am supposed to feed my children when your goats ruin my crops. And wasn’t it you who called me a fool?
ComPlAINANT: You said I’m bewitching you.
DEfENDANT: wasn’t it you actually who came with the umgijimi [runner]
and accused me of bewitching you because you were complaining that you are dying? we then even had to go to the bandlancane because of that.
81 The Complexity of the Moment
AUg 25 ComPlAINANT: Can you show me the muti that I’m using to bewitch
you?! No, you can’t!
DEfENDANT: As you see, he doesn’t answer my questions.
ClERk: Answer him. Have you heard what he is asking you?
ComPlAINANT: Yes, I did. But let’s deal with the problem that he accused me.ASSESSoR: He just said that you claimed that he [defendant] is bewitch-ing you. Anyway, who was there when he said that you [complainant] are a witch?
ComPlAINANT: I called our brother.
CoURT PRESIDENT: Okay, we need somebody who heard exactly what was said and who called whom a witch.
ComPlAINANT: He called me a witch.
CoURT PRESIDENT: Bring in the witness.
[witness, 55 years, who is a brother to both comes in and takes oath]
Clerk: You were asked to appear as a witness in this case before this court.
Can you help us?
wITNESS: I was just on my way home from work on the 21st of july at around 5.30 p.m. when a child approached me telling me that my brother called me. It took me some time, but I went there and when they caught sight of me my elder brother began to shout that the other one is accusing him of witchcraft. I immediately turned around and left again.
ClERk: That is all?
wITNESS: That’s all I can say.
ASSESSoR: You have never heard anything else about this witchcraft issue?
wITNESS: No.
DEfENDANT: [takes oath now]
ClERk: okay, please tell us only what happened on the 21st of july, nothing else.
DEfENDANT: I came back from the kraal to my house when my brother was arriving at the homestead with cattle and goats. The goats went straight to my fields and ate the maize. I asked my brother that what I am supposed to give my children to eat then. I asked this in order to sit down with him and discuss the issue, but he refused and told me that he’s not interested to talk to a fool. He said he won’t listen to me anyway. I then reminded him that our case was still pending at the bandlancane so we should rather sit down and talk about it. But he failed to do so!
CoURT PRESIDENT: So, are there any witnesses or not? otherwise we’ll be sitting here and talk until the sun has set. […] Alright, everybody leave the court now! we have to consult.
82 Disputes
AUg 25 [After 3 minutes of consultation everybody was ordered to get back into the court room]
CoURT PRESIDENT: The court has come to a conclusion in this case.
There are no witnesses who had heard the accusations and above all you are all three brothers. So, go back home and deal with that issue accordingly.
83 The Complexity of the Moment