The natives of British Central AfricaWerner, Alice
History
The natives of British Central Africa
Werner, Alice
Ethnology -- Malawi; Malawi -- Description and travel; Malawi -- Social conditions
The village head-man settles all local matters, usually with the
assistance of the elders or heads of families, who are called his
‘younger brothers.’ He consults them before engaging in war, or
undertaking any public work, such as constructing a stockade round the
village; but he cannot summon them to work on his own private account,
nor exact tribute from them. He settles any disputes among them, but if
they are not satisfied with his decision, they can appeal to a higher
head-man, or sub-chief, or to the chief himself.
Graver matters are reported by the head-man to the sub-chief, and by him,
if necessary, to the chief. The latter holds the head-man responsible
for any wrong-doing of his people which may come to his ears, just as
the chief in his turn will be held responsible for any aggression of his
head-men against outsiders. So far is this principle carried that, when
a man has been injured by an inhabitant of a certain village, he and his
friends are quite satisfied if they can catch any other man belonging to
the same village, whom they will either put to death or hold to ransom
till reparation is made.
The _mlandu_ and the _ordeal_ are the two great judicial institutions of
Bantu Africa. With the ordeal we have partly dealt elsewhere, but there
will be a little more to say about it presently.
_Mlandu_ is a word which may be variously rendered as ‘lawsuit,’
‘complaint,’ ‘discussion,’ ‘crime,’ and otherwise, according to the
context. It is the same thing known as a ‘palaver’ in West Africa, and an
_indaba_ by the Zulus. Civil cases are thus settled. The head-man and his
‘younger brothers’ take their seats in the _bwalo_, and, as a rule, the
whole village is assembled, the men sitting on one side, and the women—a
little apart—on the other. The accuser speaks first, then the accused,
and the various members of the council give their opinions in turn. The
speeches are often long and eloquent, and the case may extend over days
or even weeks before the head-man gives his decision, or, as the natives
say, ‘cuts the case.’ If no decision is come to, or if either party
wishes to appeal, the case is transferred to a higher court, and ‘the
_mlandu_ spoken’ before the sub-chief or the chief. An important case of
this sort is sometimes attended by hundreds of people. The successful
party in the suit makes the judge a present out of the damages.
Matrimonial cases are settled before a court of this kind—if, for
instance, a wife feels herself aggrieved and returns to her relatives.
She is represented before the court by her ‘surety.’ The husband may also
bring an action for divorce in this way.
Public-domain text, read in full here on John Shaqi.
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