Cultural violence : a South African legal perspective on the practice of child sacrifice

Abstract

Across all ages, religious practices all over the world have included some form of sacrifice to atone for wrongdoing or to ask for blessings, the most common sacrifice being animal sacrifices. Over the years, some societies have descended into the harmful practice of child sacrifice, which is closely tied with religious ancestral worship. Child sacrifice refers to the gruesome act of removing a child’s body parts, organs, blood or tissue whilst the child is alive for the purposes of muthi to be consumed, or worn. Those who engage in this practice believe that by sacrificing what they regard as something of the purest and highest value, would make them more likely to receive favour from whatever higher power they worship. This harmful practice violates the most fundamental of rights, the right to life. It robs young children of their future, dreams and hopes. Child protection is crucial for the development of South Africa, especially coming from an era of apartheid during which children’s rights were undermined. However, societies that practice the heinous crime of child sacrifice under the guise of practicing their religion violate children’s rights and contribute to the ever-growing crime of violence against children. South Africa prides itself in having some of the most progressive child protection legislation and is regarded as having an international-law friendly constitution. Against the background of the above-mentioned, the following question is posed: does the South African legal system adequately protect children from the harmful practice of child sacrifice? This study considered the adequacy of the South African legislation in protecting children from child sacrifice and preventing the practice altogether. The discussion starts with a background on the practice and origin of child sacrifice, and it delves into the various motives behind this harmful practice. The study identifies and evaluates the international and regional instruments and the domestic legislation that is in place to protect children from violence, more particularly child sacrifice. Thereafter, the study analyses the adequacy of the legislative, administrative and social responses of the South African government to child sacrifice. This study emphasises how the lack of research on child sacrifice contributes to deficiencies in the legislation and policies meant to protect children from cultural violence, particularly child sacrifice.