Barotseland : $b eight years among the BarotseStirke, D. E. C.
History
Barotseland : $b eight years among the Barotse
Stirke, D. E. C.
Western Province (Zambia)
Adultery was punishable in various ways. The killing of the guilty couple
if found “in flagrante delicto” brought no penalty on the husband. If
the matter came to the ears of the injured husband later, the paramour
was fined one head of cattle. There was no fine or compensation from
the paramour if the guilty wife had gone uninvited to his hut, but the
paramour was nearly always accused of having called the woman to his hut
and could then be fined for the offence. The Barozi law has always been
distinctly unjust on this point, but it was doubtless necessitated by
the lack of morals among the Barozi. A woman could name any number of
paramours to her husband on his return from a long journey or a hunting
or fighting expedition, and these would one and all have to pay a fine
to the husband, although the woman might have named them out of spite
only. There is no such thing as rape amongst the Barozi. A man criminally
assaulting a female child under the age of puberty, might possibly have
to pay a fine to the girl’s father, but carnal knowledge of an unmarried
girl earned no penalty, and there is no known case of any woman or girl
needing coercion, in fact the power to refuse, on the woman’s part might
practically be said to be non-existent, while the laxity or rather utter
lack of morals certainly made the desire to refuse non-existent.
[Illustration: Start of a River Trip
Photo by E. S.]
[Illustration: Interior of Lewanika’s Dining-room
Photo by J. Walton, Esq.]
Cases of adultery are still settled by the Kotla but, as there is always
the possibility of an appeal from a decision to the nearest Native
Commissioner’s Court, the Kotla takes much more pains over settling these
cases than in former times.
These three “Crimes” with their various sub-headings formed the chief
cases settled in earlier days by the Kotla. Land disputes, which were
rare, were nearly all settled by the Chief and as the country has ever
been larger than the actual requirements of the people, disputes on land
and water rights were practically unknown.
The Natamoyo’s yard was always a city of refuge. Any law-breaker who
could get away from the avenging parties, and could reach the shelter of
the yard round the house or hut of the Natamoyo, was safe. “Natamoyo” in
Silui or Sirozi means the “man of life,” and thus his actual residence
became a city of refuge to any wrongdoer. A day’s sojourn at Natamoyo’s
yard was sufficient sanctuary and wiped away any obligation required by
law.
Blood relatives of the Chief had practically, a different set of laws for
their conduct. If one of the blood royal killed a man, he was fined very
lightly as a presupposed provocation was allowed in his case.
If he committed adultery, he was fined the same as an ordinary man in
amount, but as the royal progeny were the large stock holders of the
country, the value of the fine was really quite out of proportion when
compared with the same fine imposed on the owner of one or two head of
stock.
Public-domain text, read in full here on John Shaqi.
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