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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Liability arising from the killing of a fellow human being in South African indigenous law
Authors:Labuschagne, J.M.T.ISNI
Van den Heever, J.A.
Periodical:The Comparative and International Law Journal of Southern Africa
Geographic term:South Africa
Subjects:customary law
Abstract:The rate of violence and murder is escalating sharply in South Africa, especially in black communities. It is, therefore, appropriate to examine the juridically accountable consequences of killing in black indigenous law. The author describes what happened to murderers among the Sotho (Northern Sotho, Southern Sotho and Western Sotho), Nguni (Zulu, Xhosa, Swazi and Ndebele), Venda, Shangana-Tsonga, and Herero-Ovambo. The ethnographic and other information in indigenous law concerning criminal and delictual liability as a result of the death of a fellow human being is rather sparse. In any event the tribal courts no longer have criminal jurisdiction in this regard. The information indicates that the original punishment for murder was death. Note, ref.