History of the Zulu war and its originColenso, Frances E. (Frances Ellen)
History
History of the Zulu war and its origin
Colenso, Frances E. (Frances Ellen)
Zulu War, 1879
That there might be no doubt at all upon the subject, the prisoner
was denied the help of counsel, white or black, in the hearing
of his case, even to watch the proceedings on his behalf, or to
cross-examine the witnesses; consequently the official record of the
trial can only be looked upon as an _ex parte_ statement of the case,
derived from witnesses selected by the Supreme Chief,[21] examined by
the Crown Prosecutor, and not cross-examined at all on the prisoner’s
behalf, although the assistance of counsel was recognised by the
Crown Prosecutor himself as being in accordance with Kafir law.[22]
But the formation of the court and its whole proceedings were
palpably absurd, except for the purpose of securing a conviction;
and that this was the case was generally understood in Natal, Even
those colonists who were most violent against the so-called “rebel,”
and would have had him hanged without mercy, asserting that he had
been “taken red-handed,” saw that the authorities had put themselves
in the wrong by granting the prisoner a trial against the justice of
which so much could be alleged.
In point of fact, the Lieut.-Governor had no power to form a court
such as that by which Langalibalele was tried, consisting of his
excellency himself as Supreme Chief, the Secretary for Native
Affairs, certain administrators of native law, and certain native
chiefs and indunas. Besides which the Lieut.-Governor was not only
debarred by an ordinance of the colony[23] from sitting as judge in
such a court, from which he would be the sole judge in a court of
appeal, but had already committed himself to a decision adverse to
the prisoner by having issued the proclamation of November 11th,
1873, declaring that the chief and his tribe had “set themselves
in open revolt and rebellion against Her Majesty’s Government in
this colony,” and “proclaiming and making known that they were in
rebellion, and were hereby declared to be outlaws,” and that “the
said tribe was broken up, and from that day forth had ceased to
exist,” and by further seizing and confiscating all the cattle and
property of the said tribe within reach, deposing Langalibalele from
his chieftainship, and otherwise treating him and his tribe as rebels.
His Excellency, therefore, could not possibly be looked upon as an
unprejudiced judge of the first instance in the prisoner’s case;
nor could the Secretary for Native Affairs, Mr. Shepstone, by whose
advice and with whose approval the expedition had been undertaken.
As to the minor members of the court, they could hardly be expected
to have an independent opinion in the matter, especially the “native
chiefs and indunas,” who knew very well that they would be liable to
the accusation of disaffection themselves if they ventured to show
any bearing towards the prisoner, or to do otherwise than blindly
follow the lead of their white “brother-judges” (!) and masters.
Public-domain text, read in full here on John Shaqi.
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