NATIVE JUSTICE

Evening Post, Volume CXVIII, Issue 74, 25 September 1934, Page 14

NATIVE JUSTICE

AND BRITISH METHODS

PROBLEM OF WITCHCRAFT

An endeavour to adapt the British code of justice to local conditions has beeii the problem facing the Commission of Inquiry into the Administration of Justice in Kenya, Uganda and the Tanganyika Territory in criminal matters, whose report has been issued as a Blue Book, says a London paper.

"It is. no exaggeration to say that the machinery for the administration of justice as apparently set up by law. in these territories does not work, and,

as at present constituted, cannot, work," states the report.

The system, it is stated, failed be-' cause of: The conferring of excessive jurisdiction on Magistrates of the subordinate courts; the excessive use of tlio power of investing Magistrates with the jurisdiction of the High Court, and the fact that the High Courts of the territories are understaffed, with, the result that circuits are held at too infrequent intervals and at only a few of the larger centres' of population.

The chief evil was the delay in trial by the ' High Court, and the consequences were far-reaching. . A system which allowed 'a man to remain in custody for months awaiting trial for murder could not escape condemnation. Stocfi thefts in some cases had assumed the proportions of a majbrt political issue and some of the sentences passed by the Administrative officers -were so severe as to be unjustifiable.

Many of the recommendations are directed towards removing these defects. The Colonial Secretary, in a letter to the Governors, states that ho has decided that effect should bo given to those of the Commission's recommendations in ,which all three Governments concur. Others should be referred to the Governors' Conference in the hope that agreed • conclusions may be reached. The Blue Book includes a dispatch .from Sir Bernard Bourdillon, Governor bf Uganda, expressing radical disagreement with some of the Commission's principal' conclusions. ; . , .

DEATH AND FLOGGING.

Other recommendations of the Commission concern the death sentence and flogging. Although evidence was given in favour of flogging as a punishment ior adults, the Commission was opposed to it for any but the most serious crimes. In oidcr that natives should lealisc that the death sentence is earned out, the Commission recommends that icpiesentatives of the condemned man's community should be able to see him before and after,,execution. On the question of murder in relation to witchcrait, it was found by tho Commissioner that all the chiefs weie unanimous in.support of the death penalty for one who kills an alleged ivi/;ard. A Mwan^a chief told the Commission that if a man had any proof that another was a wizard he should go to the native courts which were there for the puipose, and produce his proof. ]f he could piove that the man was a wizard, then the native court would collect and bum his ai tides and put an end to tho matter. If he took the law into his own hands in these days, he must be Hanged.

A reply to another question was that if a man kill another because ho has been told by a diviner (or witch doc(01) that the man is a wizard, it is just that he be sentenced to the penalty of hanging. Considerable other evidence concerning witchciaft was given before the Commission. . Mr. Forsyth Thompson, Distiict Commissioner, Entebbe, discussing heavy flues for theft, said: "The theft of a iowl woith , about 2s was punished with a fine of 40s and three months. On tho face of it the fine seems preposterous. Dut the natives explained that the stealing of fowls is a very seuous matter, because it is one of the things used in witcheialt. If you steal a man's fowl it is rather like stealing a man >s nail parings or hah; }ou have pome influence over him and are perhaps able to woik evil on him."

TO STAMP OUT WITCHCRAFT,

A paper on witchcraft in the Afiican section of the Anthiopological Congress which was to havo been read in Ijondon by Piofessor E. Evans Piitchard, of tho'Sudan, who had become ill, was read by tho ltev. Edwin "\V. Smith, who piesided. Mi. bmith said that aecpiding to the notions of witchcraft iii certain African tribes misfol tune was due to witchcraft co-opeia-ting with natural forces. Latei a scheme wheieby witchciaft in Afiica could be eiadicated was piopounded by Piofessor 1\ 11. Melland (ot Northern Rhodesia)., Tho one material aspect hitherto ignored by the Legislature, ho said, was not that the people weie foolish, but simply that practically the whole population believed that eveiyone could be bewitched. , ■Explaining how ho would deal with the witchcraft pioblcm, Pioiessoi Melland said: "I'would first of all say, 'Soiry we have been acting foolishly, and now we want ,to help you.' I would legistei and license all the bouande witch doctors, by which I mean diviners, who are called in professionally in such cases, and would with thoh assistance stamp out the unqualified piactitioncr1 who leally only flouiishes because of us. "There is no need to say we believe in witc-hciaft. All we need do is to say officially and openly that we accept' the native belief in them and that we are piepaied to help him exeicise them. Thus would come co-operation, letting Chiistianity, education, and many othci things make great stride*;, for the drag would be taken off. Then, but not till then, can we use those forces to bicak down the belief."