Generations of historians have looked to Bengal, Bombay, and Madras to detect the emergence of the legal and administrative mechanisms that would underpin Britain’s nineteenth-century empire. Yet this focus on ‘British’ India overshadows the very different history of nearly half the Indian subcontinent, which was still ruled by nominally independent monarchs. This dissertation traces the increasingly asymmetrical relationships between the East India Company and neighbouring Indian kingdoms during a period of intensive British imperial expansion, from 1798 to 1818. In so doing, it sheds fresh light on the contested process through which the Company consolidated its political predominance over rival Indian powers, setting a precedent for indirect rule that would inform British policy in Southeast Asia and Africa for years to come. The relationship between the Company and Indian governments was mediated through the figure of the Resident, the Company’s political representative at Indian courts, and the Residents therefore lie at the heart of this dissertation. Given their geographical distance from British administrative centres and their immersion in Indian political culture, the Residents’ experiences can be used to chart the growing pains of an expanding, modernizing empire, and to elucidate the dynamics of cross-cultural interaction and exchange. Based on the letters and papers of the dozen Residents stationed at major Indian courts, this dissertation shows how practical and ideological divisions within the Company regarding the appropriate forms of imperial influence were exacerbated by mutual suspicions resulting from geographical distance and the blurring of personal and public interests in the diplomatic line. This process was further complicated and constrained by the Residents’ reliance on the social and cultural capital of Indian elites and administrators with interests of their own. The Company’s consolidation of political influence at Indian courts was fraught with problems, and the five thematic chapters reflect recurring points of conflict which thread their way through these formative years. These include: the fragility of information networks and the proliferation of rumours; questions about the use of force and the applicability of the law of nations outside Europe; controversies surrounding political pageantry and conspicuous consumption; ambivalent relationships between Residents and their Indian state secretaries; and the Residents’ embroilment in royal family feuds. Ultimately, this dissertation concludes that the imposition of imperial authority at Indian courts was far from smooth, consisting instead of a messy and protracted series of practical experiments based on many competing visions of the ideal forms of influence to be employed in India.

This thesis is a family history of Silas Molema and his three children from the late 1880s to the late 1920s. The Molemas were a family of devout Methodists and educated chiefs in Mafikeng north of British Bechuanaland (part of the Cape colony in 1895) but they held extensive landholdings across the border in the Bechuanaland Protectorate. The thesis explores education, landholding and political office as strategies through which the Molemas attempted to maintain their position of class, status and power. Chiefs perceived formal annexation by Britain in 1885 also as opportunity to pursue greater self-determination, preserve the institutions of chiefly rule, and sustain respectable livelihoods. These aspirations had come to be experienced and understood as sechuana, which was a fluid reconstruction of tradition that helped Molemas and other Bechuana notables straddle incongruous cultural spheres along a racially and ethnically diverse colonial frontier. The thesis argues that nationhood was a key identification through which Molemas and other educated Bechuana saw themselves, and considers why they imagined their nation within the British Empire. The thesis also points to the various historical transformations and private entanglements that enmeshed various conceptions of nationhood into the everyday experience of the family as an emotive and socialising institution. These sentiments of nationhood profoundly shaped this family’s self-understanding, and mediated the choices children made about work, marriage and other significant relationships. The challenge to transfer inherited privilege across generations shaped identities, intersected with the reconfiguration of the local political economy, and impinged upon structural transformations in southern Africa.

Elections are a democratic process intended to create peaceful and legitimate transfers of power. However, since the second and third waves of democratisation, policymakers and researchers have observed that electoral processes are transformed into arenas for political gain through violence. To counteract this destructive phenomenon, research needs to uncover why, where, how, by or on whom electoral violence occurs. A common denominator for countries that face election violence is colonial legacies. Therefore, this study attempts to explain the occurrence of electoral violence in postcolonial states through variance in colonial governance type, as they produce diverging societal aspects that can create conditions for electoral violence. The study applies an established theoretical framework from postcolonial theory on a regression testing the effect of indirect colonial rule, contra direct colonial rule on the occurrence of electoral violence. The regression results support the theory until colonial rulers and geographical location are controlled for, ultimately going against the proposed theory. However, the multivariate regression models are statistically insignificant, which makes the result of the study inconclusive. Robustness tests support the inconclusive result of the primary model and indicate the importance of segregating electoral violence based on perpetrator.

L'administration coloniale a pris de nombreuses formes au fil des siècles, et l'Indirect rule est l'une des plus représentatives de la colonisation britannique. A ce titre, il convient de s'intéresser aux causes et aux conséquences de ce système de gouvernement, ainsi qu'aux spécificités qui y sont liées en pratique. Cette analyse portera donc essentiellement sur sa mise en application au Nigeria, ainsi que sa diffusion dans l'empire colonial britannique d'Afrique. Afin d'approfondir cette étude, l'Indirect rule sera également abordé d'un point de vue plus théorique, notamment concernant l'évolution de sa perception par les historiens du droit. De même, sa spécificité sera questionnée, notamment en la comparant à d'autres systèmes de gouvernement coloniaux européens. / Colonial administration evolved a lot through centuries, and Indirect rule is one of the most representative of the British one. As such, it is interesting to look at the reasons and the issues of the particular system of government, as well as the particularities linked to Indirect rule in the facts. This analysis will be more specifically about how Indirect rule worked in Nigeria, as well as its diffusion through the British colonial empire in Africa. In order to complete the study, Indirect rule will also broached from a theoretical point of view, in particular regarding the evolution of how historians of law considered it. Moreover, its specificities will be observed, in particular by comparing indirect rule with other Europeans colonial governments.

Aim of the study: The main aim of the study is to examine and pursue research regarding the history and role of law in the disintegration of the institutions of traditional leadership in South Africa, Botswana and Lesotho in order to make recommendations regarding the challenges and opportunities facing traditional authorities in these countries. The traditional systems, roles and functions of these institutions are traced from the pre-colonial era up to the period of democratic regimes in these countries. This study is based on the premises that the jurisprudence of the institution of traditional leadership is as old as mankind and that this institution is rooted in the rural soil of African communities. Research Methodology: This study is based on legal comparative research with reference to South Africa, Botswana and Lesotho. A literature survey of the most important sources dealing with history, legislation and policy documents was undertaken. Conclusion and Recommendations: The institution of traditional leadership is one of the oldest traditional institutions of governance in South Africa, Botswana and Lesotho. During the pre-colonial era traditional authorities constituted an important component in the traditional system of the administration of the traditional community. Traditions placed a great amount of responsibility on traditional leaders to look after the best interests of their communities. When the colonial government took over the reigns of these three countries, they changed the pre-colonial form and nature of traditional authorities. These colonial governments exercised control over traditional leaders and allowed minimum independence in their traditional rule. The post-colonial governments of South Africa, Botswana and Lesotho retained the institution of traditional leadership. The Constitutions of these countries provide the legal framework for the recognition and functioning of the office of traditional leaders. However, it has been noted in this study that the relationship between the traditional leaders and the governments of these countries has been a mixture of conflict and cordiality. One of the reasons for this uneasy relationship between the traditional leaders and the central governments of these countries is that the status, authority, power and functions of traditional leaders have been reduced considerably when new institutions such as Local Governments, Land Boards, District Councils and Village District Councils were given powers and functions previously exercised by traditional leaders. The post-colonial transformation of traditional leadership in these three countries has led to a steep decline in the authority of traditional leaders. In order to encourage active participation of the traditional leaders in the new democratic structures and bodies, the institution of traditional leadership must be adapted to the changing political, social and economic environments. Rural local government bodies and the national governments of these countries should not view the institutions of traditional leadership as competitors for political power. The post-colonial governments of South Africa, Botswana and Lesotho should introduce traditional leaders as equal partners in the development and advancement of rural communities. In order to achieve this goal the governments of these countries should empower and capacitate traditional leaders so that they do not become misfits in the new constitutional and democratic settlements. / Thesis (LL.D. (Indigenous Law))--North-West University, Potchefstroom Campus, 2007.

Aim of the study: The main aim of the study is to examine and pursue research regarding the history and role of law in the disintegration of the institutions of traditional leadership in South Africa, Botswana and Lesotho in order to make recommendations regarding the challenges and opportunities facing traditional authorities in these countries. The traditional systems, roles and functions of these institutions are traced from the pre-colonial era up to the period of democratic regimes in these countries. This study is based on the premises that the jurisprudence of the institution of traditional leadership is as old as mankind and that this institution is rooted in the rural soil of African communities. Research Methodology: This study is based on legal comparative research with reference to South Africa, Botswana and Lesotho. A literature survey of the most important sources dealing with history, legislation and policy documents was undertaken. Conclusion and Recommendations: The institution of traditional leadership is one of the oldest traditional institutions of governance in South Africa, Botswana and Lesotho. During the pre-colonial era traditional authorities constituted an important component in the traditional system of the administration of the traditional community. Traditions placed a great amount of responsibility on traditional leaders to look after the best interests of their communities. When the colonial government took over the reigns of these three countries, they changed the pre-colonial form and nature of traditional authorities. These colonial governments exercised control over traditional leaders and allowed minimum independence in their traditional rule. The post-colonial governments of South Africa, Botswana and Lesotho retained the institution of traditional leadership. The Constitutions of these countries provide the legal framework for the recognition and functioning of the office of traditional leaders. However, it has been noted in this study that the relationship between the traditional leaders and the governments of these countries has been a mixture of conflict and cordiality. One of the reasons for this uneasy relationship between the traditional leaders and the central governments of these countries is that the status, authority, power and functions of traditional leaders have been reduced considerably when new institutions such as Local Governments, Land Boards, District Councils and Village District Councils were given powers and functions previously exercised by traditional leaders. The post-colonial transformation of traditional leadership in these three countries has led to a steep decline in the authority of traditional leaders. In order to encourage active participation of the traditional leaders in the new democratic structures and bodies, the institution of traditional leadership must be adapted to the changing political, social and economic environments. Rural local government bodies and the national governments of these countries should not view the institutions of traditional leadership as competitors for political power. The post-colonial governments of South Africa, Botswana and Lesotho should introduce traditional leaders as equal partners in the development and advancement of rural communities. In order to achieve this goal the governments of these countries should empower and capacitate traditional leaders so that they do not become misfits in the new constitutional and democratic settlements. / Thesis (LL.D. (Indigenous Law))--North-West University, Potchefstroom Campus, 2007.