Study Unit 4 - Lecture 4 Flashcards
(13 cards)
What is “finding the law”?
Identifying the law to apply for sentencing
How are judgments reached?
By consensus, not by vote
What is the purpose of customary sentencing?
Reconciliation and compensation
What punishments can be given in criminal cases?
Reprimand, warning, corporal punishment, fine, property attachment, banishment
What is mangangahlaa?
Court levy to cover time/effort and encourage reconciliation
Who pays the court levy?
Usually the losing party
Where is the court levy paid?
Into the tribal fund (per s 9 of Black Authorities Act)
What is thupa?
Fine for contempt or non-compliance (Northern Sotho term)
What if a debtor doesn’t pay?
Property may be confiscated; fine may increase
What if property is outside the court’s area?
Apply to magistrate’s clerk; force not allowed
What happens if a fine is still unpaid?
Guilty party may be brought to magistrate and imprisoned for up to 3 months
What does the court consider when no fixed compensation exists?
Status, wealth, circumstances of parties
How long does someone have to appeal a judgment before enforcement?
30 days from registration with magistrate
