Religious Rights Versus Protection of Public Interest: A Legal Opinion on the Arrest of Witches in Juba, South Sudan
Advocate Mabil Manyok Nhial is a Zimbabwean-trained lawyer practising Law in Juba, South Sudan.
By Adv. Mabil Manyok Nhial, Juba, South Sudan
Wednesday, 8 March 2023 (PW) — One of the law maxims that I learnt when I was given a presentation in my first year on ‘The Interplay Between Law and Morality’ was “salus populi suprem lex” which could be translated into English as “the welfare of the people is the supreme law.”
This maxim has greatly influenced most of my writings to be based on moral values that make a happy and morally just society. In this write-up, I shall vent my legal opinion on the arrest of those witches who got twitched and switched by the City Council.
People should always draw a thin line between a religious right and an individual practice. A religious right is simply an entitlement or a just claim that a person has because of their firm belief in their faith, and it is protected by law. On the other hand, an individual practice is one’s belief that may have some affinity with religion or entirely for one’s own benefit.
An example of a religious right is a right to freedom of worship, where one chooses to be a Christian or a Buddhist. An instance of an individual practice is when one chooses to practice or have a business venture for them to make money out of it either legally or illegally.
In this light, the right to freedom of religion or religious rights as it appears in our Transitional Constitution is one of the rights protected under the Bill of Rights. Article 23, together with Article 8 of the said Transitional Constitution, addresses issues of religion to the effect that no individual or government can interfere with or prohibit this right. However, this right, like other rights, is not unlimited. In other words, the right to freedom of religion is not an absolute right.
This means it can be limited in the public’s interest or in line with other limitations stated by the law. For instance, the law cannot close its eyes on a person who offers human sacrifices to exercise their religious right. Of course, his religion may demand or require that sacrifice, but the law cannot allow such a horrible practice.
It may not necessarily be human sacrifices that are only prohibited but other practices or acts that are likely to endanger, harm or even mislead the public. This is where the right to freedom of religion and the law protecting public interest collide.
Besides, the law frowns upon illegal ventures. Well, someone may hurriedly ask what an illegal venture is. Since the definition of anything or anybody is attached to what it/he does, I shall first vent the definition of a witch. A witch, by definition, is a woman who uses supernatural powers, usually harmful to human beings. Illegal ventures are intended to generate income through illegal means such as human sacrifices. Illegal ventures are not protected by law.
In today’s setting, most of those who have such ventures are foreigners and, to a lesser extent, a few nationals. Those people carry on a business venture rather than exercise a religious right. This is because they mainly deal in that business to make both ends meet. They are being paid highly as they deceive the ignorant few.
Research has indicated that those who go to such witches, wizards, sorcerers, and other people of the same kind who seek that dark “fortune” do not return to their homes happily.
In most cases, they are given a lot of conditions of either choosing to have their relatives, or immediate family members sacrificed for what they want to materialize. Subsequently, there would be no shadow of peace or vestige of happiness therein. A lot of misfortunes become a regrettable blessing therefrom.
In our legal language, we call such an action an illegal venture. In this case, the witch/witches who got arrested is/are not in any way protected by our current law. If they must be protected, that law is yet to be made. Currently, no law protects an illegal or immoral venture that tends to endanger or cause harm to individuals, a group, or a society.
Therefore, it is in the public interest that harmful practices like witchery are not given leeway to thrive and survive in societies and systems. They must be given a nip in the bud!
The author, Mabil Manyok Nhial, is a Zimbabwean-trained lawyer practising Law in Juba, South Sudan. He can be reached via johnmabilmanyok@gmail.com.
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