The jailing of two Zambian men on charges of planning to use witchcraft to kill President Hakainde Hichilema has sparked heated debate over the use of colonial-era laws in a modern democracy.

Mozambican Jasten Mabulesse Candunde and Leonard Phiri, a local village chief, were jailed for two years with hard labour after they were convicted for “professing” witchcraft.

The two were also handed another six months each for possessing charms, but the sentences run concurrently.

Candunde and Phiri were arrested in December 2024 after authorities said they were found to be in possession of a live chameleon, a red cloth, an unknown white powder and an animal’s tail in a hotel room after a cleaner reported hearing strange noises.

During the lengthy trial, prosecutors said the two were hired by a brother of opposition MP Emmanuel ‘Jay Jay’ Banda, who is facing trial for robbery, attempted murder and escaping custody.

The case captivated Zambians, the majority of whom still believe in witchcraft. Some politicians resort to the occult for influence – and survival.

It was the first case in Zambia’s recent history to reach the courts, where people were being charged with attempting to bewitch a sitting head of state.

The two men were tried under the Witchcraft Act, which was passed in 1914, when Zambia was still under British colonial rule, then known as Northern Rhodesia.

Similar laws exist in neighbouring former British colonies Zimbabwe and Malawi, but they have been amended over the years to reflect new realities.

The Zambian law says that practising witchcraft includes pretending to exercise any kind of supernatural power, sorcery or enchantment intended to cause fear, annoyance or injury.

A person convicted of violating the law can be sentenced to up to three years in prison. Legal experts, who followed the recent case, said prosecution under the Witchcraft Act is uncommon and this has fuelled calls for reform.

Initially, the case was scheduled to be broadcast live because of the huge interest from Zambians, but the judiciary was forced to reverse the decision after church leaders protested.

Yaiman Bande, a lawyer, said it is impossible to prove the existence of witchcraft, let alone its practice, by applying the laws of evidence.

“Since there is no definition as to what exactly amounts to witchcraft nor procedure in proving its practice, this question on what constitutes witchcraft would undoubtedly pose a huge challenge to a court of law,” Mr Bande said.

“Indeed, some traditional leaders have already shown discontent with the Act because of its vague provisions and have advocated for a complete repeal or at the very least reform.”

Keith Silika, a United Kingdom-based academic and former policeman, said the witchcraft case has set a bad precedent, especially at a highly charged political period.

Zambia will hold a general election next year, where President Hichilema will seek a second term.

The witchcraft case became mired in the politics of the day, with some drawing parallels with the ongoing dispute between the government and the family of former president Edgar Lungu over his funeral.

Lungu died in South Africa in June and is yet to be buried because of the failure to reach an agreement over the repatriation of his body. His family insists on burying him in South Africa, which they say is according to his wishes.

Some commentators claimed the government is insisting on buying the former president in Zambia for “occult reasons.”

President Hichilema and his predecessor had a frosty relationship.

Dr Silika said allowing a witchcraft case against political opponents to proceed based on ritual objects and contested confessions risked institutionalising a dangerous standard, where cultural beliefs are weaponised for political purposes.

“The advancement of this case beyond the initial investigative stage to a full trial without requiring empirically verifiable evidence suggests a judicial willingness to treat ritual objects and contested confessions as admissible evidence,” he said.

“This raises serious concerns about the potential institutionalisation of a standard in which subjective interpretations of traditional items could lead to criminal convictions.”

He said the precedent could undermine fundamental principles of evidence-based justice across the region, creating a framework where subjective interpretations of traditional item can lead to criminal convictions.

“Most concerning is how this validates colonial-era legislation that criminalises indigenous spiritual practices through a Western legal lens,” Dr Silika added.

“This potentially affects constitutional protections for cultural expression while simultaneously enabling targeted prosecution of political dissidents under the guise of protecting public figures from supernatural harm.”

A 2018 study by the Zambia Law Development Commission established that 79 percent of the people in the country believed in the existence of witchcraft. It was commissioned after growing disillusionment over the witchcraft law in Zambia.

The commission concluded that despite a series of amendments made to the Act over the years, the law still did not meet the changing needs of the Zambian society. It said some of its provisions had become irrelevant.

“The research concluded that the belief in witchcraft is strong and the practice is widespread in Zambia,” the commission’s report said.

“Ninety percent of the respondents recommended the review of the Witchcraft Act because it was seen as not serving the communities in Zambia, as it was found to be not comprehensive enough to deal with the witchcraft-related matters.”

President Hichilema himself was a decade ago accused of using witchcraft, when he was an opposition leader, by the late president Michael Sata, who boasted that magic from his home region was more powerful.

The 63-year-old leader, who came into power in 2021, is a devout member of the Seventh Day Adventist Church, and has previously said he does not believe in witchcraft. He has not publicly commented on this specific case.

Critics and political opponents have accused President Hichilema of becoming increasingly intolerant of dissent, and they cite the harassment of journalists and opposition politicians.

A number of government critics have been hauled to court in what commentators say is a strategy to use the courts and state institutions to weaken political rivals.