Chapter 17 - Sentencing and execution of judgments in the customary courts

Question 1

What is a fearure of judgments by an African customary court?

Answer 1

Each case is judged in its merit. The court is therefore not bound to previous judgments in comparable cases. The court comes to a decision after considering all the relevant information. In criminal cases, may mean punishing the accused. The punishment may take the form of a reprimand, a warning, corporal punishment, a fine, or the attachment of property, or even banishment from the area. In civil cases, judgment may mean rejecting or accepting the plaintiff’s claim.

Question 2

How is the sentence or judgment executed in a traditional court?

Answer 2

The judgment of an African court must be executed, unless it is taken on appeal. The compensation or the fine, whichever the case may be, must be paid as soon as possible after judgment has been given.

Question 3

What happens if someone refuses or neglects to pay the fine or compensation?

Answer 3

Should a person refuse or neglect to pay the fine or compensation owed within a reasonable period of time, the African customary court would order the confiscation of that person’s property.