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43 At the Back of the Black Man's Mind By R. E. Dennett
The condition of the plaintiff or defendant does not determine the composition of the
palavers and there is no exceptional jurisdiction.
The judge alone is allowed to settle a palaver. The number of helpers or assessors is
according to the importance of the palaver.
Section II.
The palaver commences by each party stating his own case, and where there are
advocates (ZINANGA), each advocate is instructed by his client beforehand, but may be
reminded of any point during the proceedings.
Anyone may sit down and listen to the palaver, and the judgment is very quickly spread
about by report.
The procedure, Civil and Criminal, is much as it existed in Europe in barbarous times,
ordeals being used instead of legal proceedings where one of the parties fears that his
opponent may take an unfair advantage of his poverty, or when legal proceedings have
not been successful in clearing the matter up and as a kind of last appeal.
A man is not forced to answer any question until the palaver is held. The head of a
family may put one of his people in the yoke or whip him to get him to tell the truth, but
torture in legal matters is unknown.
In opening the palaver the prince claps his hands and says, Ngo Ngo Ngo, ngete Nzambi
twa dukuna, 21 and thus greets all that are present in the name of God. Then he asks for
a drink, and each party gives the same quantity. He then calls on the NANGA to state the
case (mayanga manzoa). 22 He swears by the fetish present to speak the truth, and then
having stated the case, hands the parties over to the King judge (Nkunzi). The King then
orders the plaintiff to speak, which he does after " beating the fetish," and insisting upon
its not allowing the defendant to interrupt him before his time to speak arrives. When
both have finished they both "beat" the fetish, and agree to abide by the judgment, of the
King. If it is felt that the palaver cannot be finished by "mouth," they call in the Nganga
Bisengo, or Nganga Mbele Ku Mbazu, or Nganga Mbundu Ncitu, who divines who is
guilty.
1. In the case of Mbundu Ncitu (a herb) one of each party is called upon to appear before
the Nganga. The Nganga first takes the herb himself, and then falls down in the direction
of the guilty party. He informs the prince of the fact. The prince then says it will be best
to let each party eat the Mbundu Ncitu. This they do; the guilty party falls down, the
innocent lets three drops of urine fall on a leaf that is placed between the legs of each
party. (This is not the same as the Nganga Nkasa who gives the casca to witches.)
21
Literally, "Leopard, leopard, leopard, yes, O Nzambi, to keep on extracting."
22
Statement of the case
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