27.12.2013 Views

View PDF Version - RePub

View PDF Version - RePub

View PDF Version - RePub

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Notes<br />

1. The first edition of Mensah Sarbah'sFanti Customary Laws was published in 1897 (second<br />

edition 1904), and was followed in 1906 by hisFanti National Constitution. Both books<br />

saw a photographic re-edition in Frank Cass' Africana Modern Library in 1968 with a<br />

new introduction by Hollis R. Lynch. See also Sarbah's Fanti Law Report (1904).<br />

2. Making no effort to be complete or systematic we refer the reader to such publications<br />

as: Caseley Hayford (1903); The Belfield Report (1912); Meek (1946: 169-194); Allott (1954);<br />

Pogucki (1957; this is one out of the many publications on the subject by this author);<br />

Asante (1975).<br />

3. In terms of the constitution, the Assembly of the ASante Nation, or Asantemanhyiamu,<br />

which was made upofthe metropolitan and provincial chiefs, is to be seen as the sovereign<br />

body in Asante. See Wilks (1975: 76).<br />

4. For an essential but concise overview of how the British gained ascendancy over Ashanti,<br />

see Adu Boahen(1975: Ch. 5 and Ch. 9).<br />

5. For an explanation of the 'freehold in fee simple' and its applicability to Akan conditions<br />

we refer to Rattray (1929: 362-365).<br />

6. In laying down this general principle of West African native law, the Privy Council<br />

endorsed the apodictic statement made by Chief Justice Raynerin a 1898 report on land<br />

tenure in South West Nigeria that: 'Land belongs to the community, the village, the family,<br />

never to the individual' (italics ours). See Asante (1975: 33, 45).<br />

7. The word is speJt as abusua in most other texts on the Akan, ebusua being the M fantse<br />

spelling (cf. Christensen 1954: Ch.III; Manoukian 1964: 24-25).<br />

8. Ideally the Mfantse recognize seven clans which, according to my Abura-Dunkwa<br />

informants, are commonly known by the following names: 1. Atwea; 2. Anona;<br />

3. Adwenadze; 4. Aboradze; 5. 1Widan; 6. Kona; 7. Nsona. These are the same as given<br />

by Mensah-Sarbah (1897: 5). As we shall see in the next chapter, the town population<br />

actually divided into ten and not seven clans, the additional three having come into<br />

existence as a branch of one of the major clans. Clans No.8: Odomna and No.9: Dehyena<br />

are sub-divisions of the Kona-lineage, While No. 10: Amoana, split offfrom Anona and<br />

is also known as 'Anona Kusubentsir'.<br />

9. We find this expressed in the well-known Akan maxim: 'The farm [produce] is mine, but<br />

the land is the Chief's.' See Rattray (1929: 342).<br />

10. In view of the existence within the State of political sub-divisions over which so-called<br />

wing-chiefs have (delegated) jurisdiction, some of these obligations might well be<br />

discharged to a sub-Stool instead of directly to the Paramount Stool.<br />

51

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!