Chap. IX. COURTS OF LAW. 125 



accuser asks the accused to go with hi in to the head of the 

 tribe. The complainant stands up in the kotla and states 

 the charge before the chief and the people assembled there. 

 The witnesses to whom he has referred then tell all they have 

 seen or heard, but not anything they have heard from others. 

 The case for thu prosecution concluded, the defendant after 

 a pause of a few minutes slowly rises, folds his cloak around 

 him, and, in the most careless manner he can assume — 

 yawning, blowing his nose, &c. — makes his reply. Sometimes, 

 when the complainant utters a sentence of dissent, the ac- 

 cused turns to him quietly, and says, " Be silent : I sat still 

 while you were speaking ; can't you do the same ? Do you 

 want to have it all to yourself?" When he has concluded, his 

 witnesses, if he has any, give their evidence. No oath is admi- 

 nistered; but occasionally, when a statement is questioned, 

 a man will protest, " By rrry father," or " By the chief, it 

 is so." Their truthfulness among each other is remarkable. 



If the case is one of no importance, the chief decides it at 

 once ; if frivolous, he may put a stop to it in the middle, or 

 allow it to go on without heeding what is said. Family 

 quarrels are often treated in this way, and a man ma) 7 be seen 

 arguing his case with great fluency, and not a soul listening 

 to him. But if it is a dispute between influential men, or 

 brought on by under-chiefs, the greatest decorum prevails. 

 When the chief does not see his way to a verdict, he remains 

 silent, and the elders give their opinions one by one. If there 

 is a unanimity of sentiment, he delivers his judgment in 

 accordance with it. He alone speaks sitting. No one refuses 

 to acquiesce in his decision, for he has the power of life and 

 death in his hands; but grumbling is allowed, and, when he 

 shows marked favouritism to a relative, the people are not so 

 astonished at the partiality as we should be in England. 



This system was as well developed among the Makololo as 

 among the Bakwains, and is no foreign importation. When I 

 was at Cassange my men had a slight quarrel, and came to me, 

 as to their chief, for judgment. I gave my decision, and they 

 went off satisfied. Several Portuguese complimented me on 

 my success in teaching them how to act in litigation ; but I 

 had only followed the plan which I found ready-made to 

 my hands. 



