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37 At the Back of the Black Man's Mind By R. E. Dennett
Treaties or contracts between Kings are brought about by a third party or mutual
friend, who acts as intermediary and witness. Between the King or prince and his
inferior, the inferior gives the superior a present, and in the presence of witnesses
"claps his hands," "Kalambala nkele maluango nkici." On the creation of a market a gun
is buried, and an agreement made that no arms of any sort may be brought there, and
this is done in the presence of witnesses. Between individuals no contract is legal unless
made in the presence of witnesses. These compacts are known by the words Nkaka or
Nkankano.
The one thing in all these compacts that is essential is that witnesses shall be present,
and when it is proposed to cancel a contract the contracting parties buy "malafu" (palm
wine) in equal quantities, but deposited in one bottle or other vessel, and then in the
presence of witnesses drink and agree to cancel the compact. But in the case of one of
the parties refusing to annul the contract, the matter is taken before two or three chiefs
or princes and talked out. In the event of the dispute arising out of inequality of service
rendered, the division of profits is rearranged, or the contract declared then and there
null and void.
All goods, Bima, are freely bought and sold except men, Bantu, the sale of men being a
family affair.
A sale becomes definite after the transaction has been accomplished in the presence of
witnesses, and the seller has " blessed it." He lifts his hands to his arm-pits, and then
throws them out towards the buyer, and breathes or blows over the thing sold. This is
called Ku vana mula, to give the breath, and is equivalent to saying " God bless thee."
Mbongo Masandi (or a piece of grass cloth measuring in length, including fringe, 45
centimetres, and about 25 centimetres in breadth) has been in use as money from time
immemorial, although at present it may be said to be out of use, the French coinage
gradually taking its place. Four of these small mats were wrapped in one bundle, Vili,
and five of these bundles (20 mats) were called Milele Mbongo I Tanu. Ten bundles (40
Vili) Mbongo Fula. One hundred Mbongo Fula (4,000 Vili) were called Kama Mbonga.
This was the price of a little slave of about five years of age. This equalled 8 fathoms of
cloth,. or about 16 yards, or four francs, that is to say, 1 Vili was equivalent to .001
centime. The white traders' cloth is now doubled in 12 folds; three folds equals 1 long or
"cortado"; and 4 longs or cortados form a piece of cloth sold for two francs. That is to
say, one piece of 8 yards 21 inches wide is doubled into 12 folds or 24 laps.
Native custom allows the letting out on hire of men as of things. A native in need of
labour might seek a large slave owner and hire slaves or others for the sum of five longs,
the duration of the service not being definitely settled. Should one of these slaves die
during the service, the hirer had to pass before the fetishes and declare that he had had
no hand in his death. Under these circumstances he would pay the owner 20 longs. But
if he had wilfully caused the death of the slave, he would have to pay 5 to 10 slaves in his
place according to his wealth. The price of the grown slave was 5 times Kama Mbongo
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