A Handbook of Tswana Law and CustomWhen Professor Isaac Schapera was asked in 1934 by the Protectorate Administration to compile a record of the traditional and modern laws of the Tswana tribes he had already been working since 1929 on a comprehensive ethnographic study of the Kgatla, and his investigation was therefore based on a thorough previous knowledge of the social structure as a whole. Schapera gives a picture of what Tswana law was like in former times, and shows that, contrary to expectation, modern European contact and the administration of tribes by the then Protectorate Government ended the original uniformity of the system, and created considerable diversity. Schapera conscientiously kept within the original mandate of the Administration and produced an authoritative, straightforward compilation. Despite its modest title it has deservedly become a classic and far exceeds its primary object, which was to serve as a handbook for the information and guidance of government officials and administrators of the law. This is a reprint of the first edition published in 1938. |
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according Administration animals appeal Bantu Bechuanaland Protectorate belong bogadi bogwêra boy's cattle cattlepost ceremonies Chief Chief's Chieftainship child claim common corn damages daughter death dingaka disputes district duties eldest entitled European family-group father fields formally formerly Gaborone girl girl's give given headman heir held Herero homestead household husband inherited Kgalagadi Kgama Kgatla kgomo kgosi killed kraal Kwena land lekgotla Lentswe live male Malete marriage married maternal uncle matter Mochudi mogolo mother Native Ngwaketse Ngwato nowadays offence olden days owner paid parents paternal payment permission person plough polygamous practice Proclamation Protectorate punished Ramodimo refuse regarded regiment relatives respect Rolong rule Sarwa Schapera seantlo Sebego Sebele Sekgoma senior Serowe Shoshong sister slaughter sometimes thrashed Tlôkwa totem Transvaal tribal Tswana law Tswana tribes Tswapong usually ward widow wife wife's wishes woman women
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Page 1 - Council for a written record of 'native law and custom' for the guidance of younger 'traditional authorities'. As a result, in 1934 the Resident Commissioner invited Schapera to collect and record 'all available material bearing on the matter of Native Customary law'. Schapera states the purpose as being 'to place on record, for the information and guidance of Government officials and of the Tswana themselves, the traditional and modern laws and related customs of the Tswana tribes of the Bechuanaland...
Page 18 - This unit may be denned as a collection of households living together in their own hamlet, and forming a distinct social and political unit under the leadership and authority of an hereditary headman (kgosana, mong wa motse, mong wa kgotla), who has well-defined administrative and judicial powers and functions. Such a group is most commonly referred to by the Tswana as a kgotla (pi. makgotla). It is known also to the tribes of the eastern branch (Kgatla, Malete, and Tlokwa) as kgoro (pi.