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Tanzania decisions
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The High Court dismissed a criminal appeal, upholding a conviction for naming a person a witch and confirming the seven-year sentence as the statutory minimum.
The accused acted under sudden provocation caused by the deceased's words and circumstances related to witchcraft, depriving him of self-control, and therefore is guilty of manslaughter, not murder.
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The High Court dismissed a civil appeal over compensation claimed for expenses linked to alleged witchcraft, holding the action had no valid legal basis.
The Court of Appeal of Tanzania dismissed a murder appeal, holding that the facts did not support provocation by witchcraft as a defence.
The High Court convicted the 1st accused of manslaughter after finding legal provocation, and acquitted the 2nd accused for lack of corroboration.
The accused's belief in witchcraft and fear for his life, though honest and culturally relevant, does not amount to legal provocation or mitigation under Tanzanian law. The killing was deliberate and calculated, not in the heat of passion, and therefore constitutes murder.
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