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The Sources of Law In Tswana Tribal Courts: Legislation and Precedent

Published online by Cambridge University Press:  28 July 2009

Extract

The Tswana peoples referred to in this paper inhabit the Bechuanaland Protectorate, where they number altogether about 270,000. In pre-European times they derived their subsistence mainly from animal husbandry and the cultivation of crops, each household producing its own food. Today they are still essentially small-scale subsistence farmers. But to satisfy the new wants developed by contact with Western civilisation over the past century, many persons also pursue new occupations, including above all temporary wage-labour for Europeans. In some areas more than half the able-bodied men are away every year working in the Union of South Africa. Their absence, often prolonged, has led to conspicuous changes in traditional customs and beliefs, and, as will be seen from some of the examples given below, has also given rise to new grounds for litigation.

Type
Articles
Copyright
Copyright © School of Oriental and African Studies 1957

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References

2 Cf. Schapera, A Handbook of Tswana Law and Custom, new ed. 1955, and “The Development of customary law in the Bechuanaland Protectorate” (pp. 102–16 in the symposium, The Future of Customary Law in Africa, Afrika-Instituut, Leiden, 1956).Google Scholar

3 Tribal Legislation among the Tswana (London School of Economics Monographs on Social Anthropology, No. 9).

page 154 note 1 In most instances, cases in the record books are numbered consecutively for each calendar year; thus, 86/1938 is Case No. 86 of 1938. Where this has not been done, I give the full date of the hearing. Unless otherwise stated, the record book cited is that of the chief's court.