Study Unit 6 - Lecture 4

Question 1

How is judgment reached in African customary courts?

Answer 1

By consensus, not majority vote, reflecting the law and aiming to reconcile parties and the community.

Question 2

What types of judgments are given in criminal and civil cases?

Answer 2

Criminal: Reprimand, corporal punishment, fine, property attachment, or banishment (historically).

Civil: Compensation to the plaintiff if claim is accepted.

Question 2

How are civil and criminal elements treated in customary law?

Answer 2

There is no strict separation—cases can involve both punishment and compensation.

Question 3

What factors influence the amount of compensation ordered?

Answer 3

Intentional harm, unfounded claims, parties’ status, economic position, and circumstances.

Question 3

What happens if fines or compensation are not paid?

Answer 3

Property may be confiscated; additional fines for contempt may be imposed.

Question 3

How is corporal punishment or banishment handled today?

Answer 3

Can only be enforced after 30 days if no appeal is lodged at the magistrates’ court.

Question 3

What is mangangahlaa and its function?

Answer 3

A court levy (Sotho term) to cover court effort/time, encourage reconciliation, and may include communal meals.

Question 4

When must a judgment be carried out?

Answer 4

Immediately, unless an appeal is lodged.

Question 5

Can payment be made in instalments?

Answer 5

Yes, by arrangement with the court.

Question 6

What is the process if property must be confiscated outside the court’s area?

Answer 6

Apply to the magistrates’ court clerk; force by messengers is prohibited.

Question 7

Under Section 20(5) of the Black Administration Act, what if a fine can’t be recovered?

Answer 7

The person may be arrested and brought before a magistrate, who may order payment or impose up to 3 months’ imprisonment.