This study, which, to a large extent, consists of reproductions of photographs taken by myself and drawings made by myself, is the outcome of two months' work among the Kwena tribe of Tamposstad, fifteen miles north-east of Groot Marico in the Transvaal (Map I) and the Kwena of Molepolole in Bechuanaland Protectorate, sixty-five miles by road from the border of the Transvaal at Ramoutsa (Map II). It is a comparative study of the material culture of the scattered offshoots of the one tribe, which, in the remote past, must have lived at one place under the authority of one chief. This type of work is not entirely a new experience to the writer, for he has lived in close proximity to the Kwena of Tamposstad and allied tribes - the Kgatla and Hurutshe - for many years. Moreover he has learnt a great deal of their language through personal contact with these people. Tamposstad is chosen as representing the Transvaal-Kwena because it is a fairly large reserve (25,551 morgen) with about nine thousand people living in the village, and because the little that is left of the indigenous Kwena native arts and crafts of the Transvaal, is mostly preserved among the people of this village. In all the other Kwena-villages in the Transvaal, the traditional arts and crafts have almost altogether disappeared. When reference is made therefore, in this study, to the Transvaal Kwena, it must be understood that the Kwena of Tamposstad are mainly designated, although other villages will also sometimes be mentioned. This is an attempt to preserve in type-script a record of what is still left of the Kwena indigenous material culture, of the material and implements used and of the methods of construction, for erelong, the last survivals of this most interesting culture will be completely obliterated by the overwhelming European influence, a fact which we deeply lament. The visitor to the Native Agricultural Shows cannot help but realise this. At the Native Show which was held ten miles north of Rustenburg on the 10th and 11th of August 1939, it was noted with regret that the arts and crafts section was very poorly represented. The articles exhibited were excellently made, but they were the work of only a few people. The whole exhibition of claypots, for example, was the work of only two women. As regards the historical part of this study, it was rather difficult to obtain trustworthy information, and thusfar, there is almost nothing recorded on the history of this tribe. Dr. I. Schapera, however, is at present busy compiling a work on the history of the Tswana tribes. The history given in this study, of the Bechuanaland Kwena, is an extract from "BaKwena origins" sent to my by Dr. Schapera, to whom, I am deeply indebted for permission to use this material. The history of the Transvaal Kwena, also given in this study, is a result of my own investigations, and is reproduced as it was told to me, for comparative purposes. Of course it cannot be maintained that it is true in every detail. A detailed record of the history of the various Kwena tribes would provide matter for a thesis in itself. / Anthropology and Archaeology / M.A.

No abstract available / Thesis (MA)--PU vir CHO

No abstract available / Thesis (MA)--PU vir CHO

Abduction / Adultery / Assault / Constitution / Defamation / Delict / Grounds of justification / Indigenous law / Intention / Legal maxims / Legal system / Legal values / Living law / Malicious damage to property / Negligence / Rape / Remedies / Seduction / Theft / Trespass / Text in Afrikaans, abstract in Afrikaans and English / In die studie word bepaal of die verskynsel wat algemeen as delik getipeer word, bekend is aan die inheemse reg en of daar na inheemse deliktereg in die gewone sin van die woord verwys kan word. Aangesien die lewende reg van 'n groep beinvloed kan word deur die mate van verwestersing wat plaasgevind het, is 'n mikrostudie in 'n semistedelike gebied gedoen ten einde te bepaal of eie waarde-oordele verplaas en vervang word wanneer daar van Westerse regsinstellings gebruik gemaak word. lnligting is ingesamel deur middel van gesprekvoering met 'n paneel van kundige mans en vrouens en is getoets aan beskikbare literatuur. Daar is gepoog om nie net die regsbeginsels te identifiseer en te omskryf nie, maar om ook kennis te neem van daardie kultuurinstellings en sosiale prosesse wat buite die reg funksioneer. Alhoewel dit moontlik is om die algemene beginsels van 'n delik te identifiseer asook die verskeie subjektiewe regte waarop inbreuk gemaak kan word, moet die eiesoortige aard daarvan deurentyd in gedagte gehou en verreken word teen die ongespesialiseerde aard van die inheemse reg. Daar is gevind dat die inheemse deliktereg van die bestudeerde groep duidelike tekens toon van aanpassings by nuwe omstandighede, maar tog met behoud van beproefde regsbeginsels en menslike waardes. / This study ascertains whether the phenomenon typified as indigenous law of delict is known to indigenous law and whether reference may be made to indigenous law of delict in the usual sense of the word. As the living law may be influenced by the measure of westernisation that took place, a micro study has been carried out in a semi-urban area in order to ascertain whether own value judgments are replaced or substituted when Western legal institutions are used. Information has been collected by way of interviews with a panel of knowledgeable men and women and controlled by reference to available literature. An attempt was made not only to identify and define legal principles, but also to take note of those cultural institutions and social processes functioning outside the law. Although it is possible to identify the general principles of delict as well as several subjective rights that may be infringed, the peculiar nature of delict must be borne in mind and set off against the unspecialised nature of indigenous law. The indigenous law of delict shows clear signs of adaptation to new circumstances, but there is evidence of the retention of proven legal principles and human values. / Private Law / L.L. D.

The central argument that underpins this thesis is that the Bataung, Bafokeng and the Bakuena lineages are found across all the Basotho groups of Basotho (Southern Sotho), Batswana and Bapedi. The thesis concerns itself with the similarity of the Sotho groups, a topic that has seldom received a sustained scholarly attention. Scholars have devoted much attention in discussing Sotho groups of Batswana, Basotho (Southern Sotho) and Bapedi, but their concern has mostly been to describe one group at the time discussing their cultural, social and political dimensions.The thesis aim investigates the oneness of Sotho by discussing the cultural, social and political similarities of the Batswana, Basotho (Southern Sotho) and Bapedi. The thesis drew on a range of semi-structured interviews with academics, senior people with knowledge of Sotho culture and literature to crystallise the information from the narrative analysis of documents, media and secondary literature. The thesis maintains that Basotho (Southern Sotho), Batswana and Bapedi are similar people. Their cultural dimension shows they have similar languages that share the same collection of words (langue) that indicates the same same origin. They also share the name ‘Basotho’ ~ Abeshundu that emanates from their similar way of dressing. The Sotho groups’ social dimension shows that they have similar practices of birth, raising children, lebollo (initiation school) and handling of death. They share similar games, folktales and taboos that reflect the aforementioned four cycles of human experiences in similar narratives across the groups. The thesis finds that Sotho groups have similar way of governance. They come together in the hierarchy of similar clans (e.g. Bafokeng, Bataung and Bakuena), chiefdoms and a group. These subdivisions in a group help with the allocation of resources for each individual and maintaining status quo in governance. The Sotho groups have similar proverbs and idioms to counsel proper leadership. The thesis discusses Sotho groups together as they come from the same origin although they have gone their separate ways. The thesis uses Gellner and Smith theories of ethnicity to explain the similarity of the Sothogroups. Gellner’s view is that one chooses to belong to a particular culture and associates oneself with people who practice this culture. Ethnicity is socially constructed due to experiences and people’s circumstances. Smith complements the description of the Sotho in forming different groups by saying that in these groups, there are memories of shared historical past. There is a continuum of the original culture where the groups have resemblance in their ways of life and symbolical elements, although adapted to their new environments and time. The variations of the groups’s practices are not their differences but they are changes caused by a quest to adapt to the new environment. / African Languages / D. Litt. et Phil. (African Languages)

Abduction / Adultery / Assault / Constitution / Defamation / Delict / Grounds of justification / Indigenous law / Intention / Legal maxims / Legal system / Legal values / Living law / Malicious damage to property / Negligence / Rape / Remedies / Seduction / Theft / Trespass / Text in Afrikaans, abstract in Afrikaans and English / In die studie word bepaal of die verskynsel wat algemeen as delik getipeer word, bekend is aan die inheemse reg en of daar na inheemse deliktereg in die gewone sin van die woord verwys kan word. Aangesien die lewende reg van 'n groep beinvloed kan word deur die mate van verwestersing wat plaasgevind het, is 'n mikrostudie in 'n semistedelike gebied gedoen ten einde te bepaal of eie waarde-oordele verplaas en vervang word wanneer daar van Westerse regsinstellings gebruik gemaak word. lnligting is ingesamel deur middel van gesprekvoering met 'n paneel van kundige mans en vrouens en is getoets aan beskikbare literatuur. Daar is gepoog om nie net die regsbeginsels te identifiseer en te omskryf nie, maar om ook kennis te neem van daardie kultuurinstellings en sosiale prosesse wat buite die reg funksioneer. Alhoewel dit moontlik is om die algemene beginsels van 'n delik te identifiseer asook die verskeie subjektiewe regte waarop inbreuk gemaak kan word, moet die eiesoortige aard daarvan deurentyd in gedagte gehou en verreken word teen die ongespesialiseerde aard van die inheemse reg. Daar is gevind dat die inheemse deliktereg van die bestudeerde groep duidelike tekens toon van aanpassings by nuwe omstandighede, maar tog met behoud van beproefde regsbeginsels en menslike waardes. / This study ascertains whether the phenomenon typified as indigenous law of delict is known to indigenous law and whether reference may be made to indigenous law of delict in the usual sense of the word. As the living law may be influenced by the measure of westernisation that took place, a micro study has been carried out in a semi-urban area in order to ascertain whether own value judgments are replaced or substituted when Western legal institutions are used. Information has been collected by way of interviews with a panel of knowledgeable men and women and controlled by reference to available literature. An attempt was made not only to identify and define legal principles, but also to take note of those cultural institutions and social processes functioning outside the law. Although it is possible to identify the general principles of delict as well as several subjective rights that may be infringed, the peculiar nature of delict must be borne in mind and set off against the unspecialised nature of indigenous law. The indigenous law of delict shows clear signs of adaptation to new circumstances, but there is evidence of the retention of proven legal principles and human values. / Private Law / L.L. D.