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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 www.globalgrey.co.uk
44 At the Back of the Black Man's Mind By R. E. Dennett 2. Nganga Bisengo has a little box with a tight-fitting lid, which refuses to be parted from the box when the party present is guilty. 3. Nganga Mbele has a heated knife, which will only burn the guilty party. After judgment the two parties called by the Nganga are brought just as they are to the assembly, and each side takes his representative. The King then tells the culprit how much he has to pay, and the day upon which the payment must be made in his presence. When the payment is made the judge asks them both if they are satisfied, and if the judge is Maluango they place their hands on the ground under his chair, and swear to let bye-gones be bye-gones; if the judge is a Kongo Zovo they put their hands on his head and swear. And after a few words of advice and warning the palaver is finished. Each day that the palaver lasts, each party pays the judge one large calabash of palm wine. When the judgment is given each party pays Kama (100 mats or cubits, see page 62), ZIMBONGO per diem. Corporal punishment, as has been stated, is a matter for the father to inflict in his village, refractory prisoners are put in the yoke for the time being, but there are no prisons, and the slave or pawn is just as free of the village as any of the inhabitants. The prisoner directed to pay a fine or expenses becomes the slave or pawn to the creditor until the amount is paid by his family. There is very little to alter in either the composition or procedure of the native courts, they are the outcome of thousands of years of accumulated experience of a people who know themselves and their needs. Rather do the natives need a taking back to their ancient customs, before the "slave trade" and its abuses destroyed so much of their natural beauty. While some natives may have benefited by their contact with the white races, it is certain that the ignorance of the latter of their ways of thought and action has done the race a great deal of injury, which only time and study can possibly repair. www.globalgrey.co.uk
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