THE CONCEPT OF THE LAW IN A.T.S

THE CONCEPT OF THE LAW IN AFRICAN TRADITIONAL SOCIETY

Though the law wasn’t form, it indeed existed in African tradition so it was of verbally inscribed onto the hearts of everyone.

The following instances show/indicate that the law existed;

• People In African traditional society had belief in taboos. These were a series of dos and don’ts or acceptable and unacceptable behaviours expected to be followed by the people. Failure to abide by the taboo could result into a penalty.  For example boys weren’t allowed to marry girls from the same clan, boys were also prohibited from sitting on the fire stones commonly known as “amasiga” and if they did, they were told they would develop a hydro-cell “empanama”.
• There were village courses. Such structures handled disputes between individuals. These courts were mainly handled by elderly people of reasonable experience and responsibility.  So they disciplined individuals who committed crimes.  Among Samia, if there was a prolonged dry season, the village members would attack a person suspect to be a rainmaker and clobber him for bringing famine to the village.

• The concept of the law also existed through the clan courses. These courts handled persons/issues that threatened the survival of the family and the clan at large.  For instance in Teso the women who were abandoned by their husbands would sue them in such courts because of sexually and materially starving them.  They would be fined cows and ordered to resume conjugal/marital obligations.
• The law In African traditional society was extended by the elders to the young generations. The elders imparted social values to the young ones so as to bring up morally upright citizens.  For instance among the Baganda in central Uganda, the young ones whether boys or girls were trained to greet all elders while kneeling failure to do so would result into serious punishment.
• In African traditional society the law was taught by parents themselves. These were mandated to teach their children all the customs and norms of the family, clan and the surrounding society at large so as to bring up morally upright citizens.  For instance in Bugisu society in Eastern Uganda the parents ensured that their teenage sons underwent/ received circumcision ritual.  This ritual indicated one’s transition from childhood to adulthood.
• In African tradition the chiefs also had courts of laws that ensured order or peace was observed in society. In the case of Buganda society in central Uganda, in case there was a land conflict between neighbouring families it was the chief “mutaka” who helped to resolve this problem.
• There existed the clan meetings which also helped to resolve this problem.
• There existed the clan meetings which also help to sort out problems within some clan members. A clan court could be organized to sit and the issue had to be solved by headship of the clan leader.  In some clans like the cob “mamba” clan, they agreed through the clan head that it was okay to marry within the clan especially one from mamba kakoboza to marry from mamba nyunga.
• The law In African traditional society was observed through king’s words. He was the epitome of law and order and his commands had to be observed strictly. He was usually the last court of appeal.  For instance the Omukama of Bunyoro would often be the one to try people suspected of collaborating with his arch enemies like Buganda.  Anyone found guilt would be sentenced to death.
• The uncles and aunts were charged with the duty of ensuring that the young respected the sexual laws of the society and that the cherished important aspects of their social heritage. For instance among the Igbo of Nigeria, the aunt ensured that her niece abstained from sex until marriage.  If she did so, she would be stoned to death.

Similarly in Buganda among the Baganda the aunt had a duty of teaching the adolescent girl her future responsibilities as someone’s wife thus was done through taking girls for bush school lessons.

• Peace and harmony was observed In African traditional society through emphasis that everybody was to be a policeman of the other and had a task of ensuring that laws and order prevailed in society. Those that failed to abide by the set law were punished.  For instance among the Galla a son-in-law was forbidden from mentioning the name of his mother-in-law or eating food prepared by her.