South Africa -- Description and travel; South Africa -- History -- 1836-1909; South Africa -- History -- To 1836
There is no system of divorce; but a man may repudiate his wife with or
without reason, getting back the cattle or a part of them. A wife often
leaves her husband, through ill-usage or from jealousy,--in which case
the cattle remain with the husband and, if not as yet paid in full, can
be recovered. According to law not only the cattle agreed upon but the
progeny of the cattle can be recovered;--but it seldom happens that more
than the original number are obtained. When there is a separation the
children belong to the father.
When a man has many wives he elects one as his “great wife,”--who may
not improbably be the youngest and last married. The selection is
generally made in accordance with the rank of the woman. Her eldest son
is the heir. Then he makes a second choice of a “right hand
wife,”--whose eldest son is again the heir of some portion of the
property which during the father’s life has been set apart for the right
hand house. If he be rich he may provide for other children, but the
customs of his tribe do not expect him to do so. If he die without
having made such selections, his brothers or other relatives do it for
him.
A husband may beat his wife,--but not to death. If he do that he is
punished for murder,--by a fine. If he knock out her eye, or even her
tooth, he is fined by the Chief. The same law prevails between parents
and children as long as the child remains domiciled in the parents’
family. A father is responsible for all that his child does, and must
pay the fines inflicted for the child’s misdeeds;--unless he has
procured the outlawing of his child, which he can do if the child has
implicated him in many crimes and caused him to pay many fines. Near
relations of criminals must pay, when the criminals are unable to do so.
Kafir lands are not sold or permanently alienated. Any man may occupy
unoccupied land and no one but the Chief can disturb him. Should he quit
the land he has occupied, and another come upon it, he can recover the
use of the land he has once cultivated.
Public-domain text, read in full here on John Shaqi.
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