Occultists challenge Occult-related crime unit’s legitimacy

October 8, 2012 | Damon Leff

Minority Review | Penton Independent Pagan Media

http://www.penton.co.za/?p=2667

Occultists in South Africa, including Witches, Pagans and Satanists, are alarmed by news that the South African Police Services will be reconstituting ‘Occult-related crime’ units, and with good reason.  The investigative mandate for the establishment of new provincial Occult-related Crime Units (ORC), in particular certain 'categories of crime' listed in a recently leaked SAPS Investigation support capacity memorandum, contradict internationally recognized jurisprudence in the identification and verification of demonstrable evidence. The law requires that evidence must not be based on opinion, belief or untested hearsay, but on provable facts alone.

The SAPS memorandum states ”For a crime to be considered a harmful occult-related crime, the elements of legality, conduct and unlawfulness and culpability have to be present and the motive must be rooted in the supernatural.”  The Orc’s detectives will, according to the SAPS memorandum, be required to investigate allegations of spectral evidence, including spiritual intimidation, astral coercion and curses intended to cause harm, as well as allegations of rape by tokoloshe spirits and other paranormal phenomena.

Spectral evidence, or evidence based on dreams and visions, motivated historically documented witch-hunts in Europe between 1300 and 1600 and in America, most notably Salem Massachusetts, between 1600 and 1700. In South Africa today violent witch-hunts are often preceded by accusations of spectral evidence alone.  A belief in the supernatural agency of a non-corporeal entity (spirit, tokoloshe, fairy, demon, God) cannot however be submitted as evidence of anything other than faith, and spectral evidence is certainly nothing more than a fervently held belief based on nothing more than oneiric imagination. 

The SAPS definition of ‘Occult-related crime’ as ”…any human conduct that constitutes any legally recognized crime, the modus operandi of which relates to or emanates primarily from any belief or seeming belief in the occult, witchcraft, satanism, mysticism, magic, esotericism and the like...” is itself constructed from and dependent on a prejudicial world-view in which the term ‘occult’ has incorrectly been used as a synonym for clandestine conspiracy and criminality.

This world-view is not based on any verifiable body of evidence that proves that Witches, Satanists, Mystics, Magicians or anyone engaged in esoteric religious practices are more likely to commit criminal acts than Christians or adherents of Traditional African religions.  Nevertheless, popular bias against clearly identified and constitutionally protected minority religions, including Witchcraft and Satanism, has been institutionalized in law through the Witchcraft Suppression Act (Act 3 of 1957) and the South African Police Services occult investigation mandate, since the ORC’s first creation in 1992.

Categories for ORC investigation include alleged but unproven offences relating to Witchcraft (identified incorrectly as “black magic” by the SAPS), Satanism, Voodoo and vampirism (not a religion), including suicide where alleged evidence of occult involvement is believed to be present, animal mutilation and sacrifice, human sacrifice, and the interpretation of alleged occult signatures and graffiti at crime scenes.  Allegations of animal and human sacrifice by citizens who identify as Satanists, Witches or Vampires have been and continue to be exaggerated by ex-detectives and founders of the ORC. No statistical evidence exists to support these allegations. Whilst it is evident that any religious ideology may hypothetically provide motivation to the criminally insane in the perpetration of such a crime, no religious minority (including Satanists and Witches) in this country advocates or encourages human sacrifice as a religious obligation.  Despite evidence to the contrary, both the SAPS and the media continue to allege incorrectly that human mutilations committed by criminals for the express purpose of harvesting human body parts for sale to traditional healers, are motivated by a belief in or the practice of witchcraft. Traditional healers do not identify as Witches and therefore do not practice Witchcraft.

Newly trained detectives of regional occult crime units will be encouraged to consult with former members of the original ORC unit in their respective provinces. Many of these former ORC detectives now independently pursue careers in evangelical Christian ministries against the Occult, Witchcraft, Satanism, and in ‘Spiritual-warfare’ ministries targeted specifically at Witches and Satanists. Consultations with such persons will introduce highly subjective religious bias and prejudicial reasoning into investigations which should remain rationally objective.

This newly envisioned scope of investigation must be viewed with suspicion and be of concern to anyone engaged in the ethical practice of Witchcraft, Traditional African religion, and other Occult spiritualities and religions. Given the already evident bias expressed by ex-members of ORC and new members of provincial Religious Crimes Units against Witchcraft, the new mandate potentially threatens religious minorities who may be scapegoated on the basis of prejudicial belief alone.

‘African witchcraft’ an academic misnomer

October 1, 2012 | Damon Leff

Minority Review | Penton Independent Pagan Media

http://www.penton.co.za/?p=2639

 

An article I was recently invited to write for the Port Elizabeth Herald’s Weekend Post was published this weekend under the title ‘Satanists challenge legitimacy of proposed occult units’. My suggested title, ‘Occultists challenge Orcs’ legitimacy’, would have been more accurate than the one chosen by the sub-editor of the Herald.

I wrote the article as the director of the South African Pagan Rights Alliance (SAPRA). I am a Witch, not a Satanist. SAPRA does not represent any Satanists and does not speak for Satanism in this country. To date, the PE Herald has not invited any self-identified Satanists an opportunity to comment on the newly released ORC investigation mandate.

The selected title ‘Satanists challenge legitimacy of proposed occult units’ is therefore both misleading and unreasonable because it does not reflect actual published information. Satanists in South Africa have not been given any public platform on which to object against anything yet. In my opinion, the published title contravenes the SA Press Code in respect of section 11.1 – Headlines and captions to pictures shall give a reasonable reflection of the contents of the report or picture in question. As most Occultists know, Satanism and Witchcraft are two distinctly different religions. Witchcraft falls under the new religious movement identified as Paganism, whilst Satanism does not. Deliberately conflating one with the other is nothing but tabloid sensationalism.

Of course I do expect the Weekend Post to print an apology and correction in order to remedy the misunderstanding the editor has created in the minds of readers. I must agree with Thomas Sowell, “If people in the media cannot decide whether they are in the business of reporting news or manufacturing propaganda, it is all the more important that the public understand that difference, and choose their news sources accordingly.”

The Weekend Post also published comment from Dr Theodore Petrus, Senior Lecturer Anthropology, Department of Sociology and Anthropology (University not named) entitled ‘SAPS “occult” unit welcome with caution’. The editor chose to headline a quote above this by Petrus, “African witchcraft and western society oriented Satanism are not quite the same”, as “Expert opinion”. Not quite! What generally passes for so-called expert opinion on anything related to Witchcraft in this country is however most often simply regurgitated and non-factual propaganda, and Dr Theodore Petrus’ recently published comments on Traditional African religions, Witchcraft and Satanism, are a choice example of this propaganda.

Dr. Petrus is quoted as saying “Firstly, a clear distinction must be drawn between Satanism and witchcraft, specifically African witchcraft, as there is a tendency to conflate the two. Satanism has its roots in Judeo-Christian beliefs while African witchcraft beliefs existed since before the arrival of Christianity in Africa. In other words, Satanism and its beliefs are inherently a Western phenomenon, while African witchcraft beliefs are an inherent part of the cosmological and religious belief systems of African communities.”

No one would argue that the belief in Satan finds its roots in Western Judeo-Christian beliefs, nor that Satanism only truly came into existence as an identifiable modern philosophy and religious ideology in the United States in 1966. But whether “African witchcraft beliefs” existed before the arrival of Christianity in Africa remains a matter of academic conjecture, and the answer is not as conclusive as Dr. Petrus would have us believe. In ‘Imagining Evil: Witchcraft Beliefs and Accusations in Contemporary Africa’ Gerrie ter Haar writes “The term ‘witchcraft’ was popularized in regard to Africa only in the later nineteenth century by Europeans who were applying to Africa ideas derived from their own historical memory of witchcraft in Europe. Before the mid- or late- nineteenth century, some aspects of African religious or spiritual beliefs that were subsequently labelled as ‘witchcraft’ did not go under that name.”

Y.B. Hallen and J.O. Sodipo, Professors of Philosophy at the University of Ile-Ife, Nigeria, have questioned whether the European term witchcraft (derived from the Anglo-Saxon term wicca) is even a suitable word with which to identify often disparate beliefs and practices occurring in very different African cultures and traditions across the continent. “There is no reason to assume that witchcraft in Africa is the same as was witchcraft in Europe, anymore than there was reason to assume that the English-language concept ‘witchcraft’ may serve as an accurate translation of its supposed African-language equivalents. Whatever is translated as being ‘witchcraft’ in Africa (or even in one place in Africa) may well be a very different thing from whatever it is elsewhere in the world and history.”

The pejorative use of the term witchcraft to describe acts of malevolent magic believed to cause misfortune, has indeed become a part of the cosmological and religious belief systems of modern African communities. The prevalence of such beliefs in many communities throughout the continent gives rise to frequent accusations of witchcraft and violent witch-hunts ensue. The actual cultural or religious value of many different variations of beliefs, all referred to as witchcraft, within African societies generally can unfortunately only be measured in tragedy and sorrow, as such beliefs do not bring order or peace to the societies in which such beliefs are held, as anthropologists repeatedly but incorrectly argue.

Dr. Petrus continues his Weekly Post commentary by saying “The influence of Christian beliefs on African belief systems has led to the syncretism or blending of these belief systems into what can be called African Christianity, where African witchcraft (sic) and Satanism are regarded as one and the same.”

Prof. Gordon L. Chavunduka, President of the Zimbabwe National Traditional Healers’ Association argues “Early European Christian missionaries tried to destroy African religion and African medicine. Many African traditional religious rites and rituals were regarded as against the Christian faith and morals. It was also believed that African religion promoted the belief in witchcraft and encouraged people to worship their ancestors instead of worshiping God. African medicine was regarded as unscientific and some of its treatment methods were considered anti-Christian. 

Traditional healers were regarded as heathens because of their participation in African Traditional Religion. Thus, Africans who became Christians were discouraged by the church from taking part in African traditional religious rituals and from consulting traditional healers.”

African Catholic Bishops still annually entreat their congregations to avoid “witchcraft” beliefs, when actually referring to traditional African beliefs and practices. From a Christian perspective, African animist religio-magical beliefs are incorrectly categorized as either witchcraft, paganism or satanism. In his article ‘Can Christianity Dialogue With African Traditional Religion?’ Peter K. Sarpong reminds us that “…African traditional religion, which should be employed for its potentially salutary effect, has been misunderstood and is still misrepresented. The misconception is amply evident from the many wrong names by which traditional religion has been described.”

An example of this historical misunderstanding can be found in the existence of the Witchcraft Suppression Act of 1957, an act drafted to suppress traditional African religious practices, erroneously identified as witchcraft. The Act has effectively institutionalized this misrepresentation in South African law and its existence indirectly prejudices South African citizens who are not adherents of traditional African religions, but who do identify as Witches. In his commentary, Dr. Petrus appears to dismiss the relevance of an existing religious minority that identifies Witchcraft as their religion, a modern Pagan religion that finds its origins in entirely European folk-lore and pre-Christian ‘pagan’ cultures.

The term ‘African witchcraft’ will remain a popular misnomer as long as it continues to be used incorrectly by academics, legal experts, religious leaders and the media, to identify African ethnic and folk religious traditions that do not self-identify as witchcraft. Will actual Witches ever be acknowledged by academia and the media in South Africa as being the only identified religious minority in Africa to use the word witchcraft as a term of identity? Not if Africa’s true Witches keep silent, and we dare not remain silent any longer!

SAPRA Objections to Investigation of alleged ‘harmful occult-related crimes’

September 24, 2012 | Damon Leff

Minority Review | Penton Independent Pagan Media

http://www.penton.co.za/?p=2580

The South African Police Service is launching new regional occult crime units. According to a leaked memorandum [http://www.paganrightsalliance.org/documents/SAPS%20religious%20crimes%20unit%20Mandate.pdf], Provincial Commissioners were recently instructed to appoint two detectives in every province tasked with investigating alleged harmful occult-related crimes.

Those already familiar with the work of the old ORC unit then led by Kobus Jonker, will recall that between 1992 and 2001 the unit is alleged to have investigated 300 cases of muti-related crimes (murders committed for the express purpose of harvesting human body parts for sale to traditional healers).

The ORC’s previous mandate included: a) investigating occult-related crime, b) in conjunction with the South African Police Service Crime Intelligence, promoting the prevention of occult-related crime, c) managing the use and dissemination of information on occult-related crime, and d) rendering services to victims of occult-related crime.

In addition to investigating muti murders, newly appointed detectives will be required to also investigate spectral evidence including spiritual intimidation and astral coercion, curses intended to cause harm, allegations of rape by tokoloshe spirits, and poltergeist and paranormal phenomena.

The units will also be responsible for investigating alleged offences relating to Witchcraft (identified as “black magic” by the SAPS), Voodoo, vampirism, harmful cult behavior, suicide where evidence of occult involvement is present, animal mutilation and sacrifice where evidence of occult involvement is believed to be indicated, human sacrifice, and the interpretation of alleged occult signatures, vandalism and graffiti at crime scenes.

New ORC investigative mandate includes the following categories of investigation:

1. Witchcraft-related offences, including black magic, witch finding and witch purging

2. Traditional healers involved in criminal activities rooted in the occult

3. Curses intended to cause harm

4. The practice of voodoo intended to cause harm

5. Vampirism and joint infringement of the Human Tissues Activities

6. Harmful cult behaviour that infringes on the rights of members of the movement

7. Spiritual intimidation, including astral coercion

8. Vandalism / graffiti leaving evidence that the motive is occult related

9. Suicide leaving evidence of occult involvement

10. Ritualistic abuse in a cult setting

11. Allegations of rape by a tokoloshe spirit

12. Animal mutilation and sacrifice leaving evidence of occult involvement

13. Murder / human sacrifice leaving evidence of occult involvement

14. Interpretation of occult “signatures” and paraphernalia at a crime scene

15. Poltergeist phenomena (unexplained activities by paranormal disruptive entities).

This newly envisioned scope of investigation must be viewed with suspicion and be of concern to anyone engaged in the practice of Witchcraft, Traditional African religion, and other Occult spiritualities (including Satanism). Given the already evident bias expressed by ex-members of ORC and new members of provincial Religious Crimes Units against Witchcraft, SAPRA believes the new mandate potentially threatens religious minorities who may be scapegoated on the basis of belief alone.

It is the informed opinion of this Alliance that the given investigative mandate for the establishment of new provincial Occult Crime Units, in particular, certain ‘categories of crime’ as mentioned in said memorandum, contravene internationally recognized policing ethics and conduct related to a) jurisprudence in the identification and verification of evidence, and b) respect for religious diversity and belief.

Read SAPRA’s Objections - http://www.paganrightsalliance.org/documents/SAPRA%20objection%20to%20SAPS%20Religious%20Crimes%20Unit.pdf

Law of Evidence

The SAPS memorandum states “For a crime to be considered a harmful occult-related crime, the elements of legality, conduct and unlawfulness and culpability have to be present and the motive must be rooted in the supernatural.”

The term ‘supernatural’ is generally defined as something above or beyond the laws of Nature. In a strictly scientific context, the belief in the supernatural agency of a non-corporeal entity (spirit, fairy, demon, God) cannot be proven using the law of evidence in any Court of Law, and therefore cannot be submitted as evidence of anything other than faith in the unknown. Since the courts will not accept evidence of the supernatural on principle, the ORC detectives will be wasting valuable time and effort investigating para-psychological phenomena.

This Alliance is of the informed opinion that SAPS special unit detectives should not be considering the role of alleged supernatural occurrences in the commission or investigation of crimes. A belief in the existence of the supernatural is not, and cannot be viewed as proof of the supernatural. The SAPS must deal in matters of verifiable fact, not religious or cultural belief. The SAPS should not be fulfilling what should remain the role of religious or psychology specialists.

This Alliance objects to the inclusion of unexplained and unprovable supernatural and paranormal activities, as such matters are best left to para-psychologists and spiritualists, not police detectives.

Religious bias, prejudice and propaganda against the Occult

In the SAPS memorandum under objection, newly appointed detectives of regional occult crime units are encouraged to consult with “trained individuals in their respective provinces… with the investigation of an alleged harmful occult-related crime”.

It must be noted that former occult unit detectives, many of whom now independently pursue careers in Christian ministry and in particular, ministry against the Occult, Witchcraft, Satanism, and ‘Spiritual-warfare’ ministries targeted specifically at Witches and Satanists, will be consulted by detectives assigned to regional occult crime units.

This Alliance is of the opinion that consultations with such persons will introduce highly subjective religious bias and prejudicial reasoning into investigations which should remain rationally objective.

SAPRA has submitted formal objection to the scope of the new SAPS mandate and will be closely monitoring the activities of all new ORC units to ensure that innocent civilians are not targeted by un-provable allegations of criminal or harmful activities.

For more information contact the South African Pagan Rights Alliance (SAPRA) at info@paganrightsalliance.org