Witchcraft imputations and the tort of defamation in Ghana

Abstract

Witchcraft beliefs have been the cause of some of the cruellest crimes against vulnerable groups, particularly the elderly, in many African societies since the pre-colonial era. People accused of being witches are often subjected to all manner of mistreatments – ostracism/banishment, discrimination, physical assault or torture, lethal violence and so on. However, there are rare instances where the hunted (the accused witches) turn the tables on the hunters (their accusers) with claims of defamation, but such legal battles tend to be complicated. The present study explores the Ghanaian courts’ attitude towards witchcraft-related defamation claims/lawsuits, examining how they have navigated the complex and often confusing system of legal pluralism since the 1970s. It establishes that mere insults and name-calling, including witchcraft accusations, are generally not actionable under the received common law. However, under the Ghanaian customary law, insults and name-calling that impair or are likely to impair one's dignity are actionable per se. The paper notes that the courts in Ghana at times apply the principles of both customary law and the received common law when dealing with witchcraft-related defamation claims.