South Africa -- Description and travel; South Africa -- History -- 1836-1909; South Africa -- History -- To 1836
Murder is punished by a fine,--which seems to be of the same amount
whatever be the circumstances of the murder. The law makes no difference
between premeditated and unpremeditated murder,--the injury done being
considered rather than the criminality of the doer. A husband would be
fined for murder if he killed an adulteress, let the proof have been
ever so plain. Even for accidental homicide a Chief will occasionally
fine the perpetrator,--though in such case the law does not hold him to
be guilty. For adultery there is a fine of cattle, great or small in
accordance with the rank of the injured husband. Rape is fined, the
cattle going to the husband, if the woman be married. If a girl be
seduced, the seducer is fined,--perhaps three head of cattle. The young
man probably has not got three head of cattle. Then his older friends
pay for him. Among Kafir customs there are some which might find
approbation with a portion of our European communities. It cannot, at
any rate, be said that the Kafirs have a bloody code.
All theft is punished by a fine of cattle, the fine being moderated if
the property stolen be recovered. But the fine is great or small
according to the rank of the injured person. If a Chief have been robbed
general confiscation of every thing is the usual result of detection.
The fine is paid to the injured person. A Chief cannot be prosecuted for
theft by one of his own tribe. The children of Chiefs are permitted to
steal from people of their own tribe, and no action can be brought
against them. Should one be taken in the fact of so stealing and be
whipped, or beaten, all the property of the whipper or beater may be
confiscated by the Chief. There was a tribe some years ago in which
there were so many royal offshoots, that not a garden, not a goat was
safe. A general appeal was made to the paramount Chief and he decided
that the privilege should in future be confined to his own immediate
family.
For wilful injury a man has to pay the full amount of damage; but for
accidental injury he pays nothing. This seems to be unlike the general
Kafir theory of law. There is no fine for trespass; the idea being that
as all lands are necessarily and equally open, the absence of any
recovery on account of damage is equal to all. When fencing has become
common this idea will probably vanish. If cattle that are trespassing be
driven off and injured in the driving, fines can be recovered to the
amount of the damage done.
When illness comes a doctor is to be employed. Should death ensue
without a doctor a fine is imposed,--which goes to the Chief.
Public-domain text, read in full here on John Shaqi.
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