Chapter 20 - Contempt of the ruler, assault and rape

Question 1

List the punishable crimes in African customary law as contempt of the ruler

Answer 1

1. Explicitly rejecting the ruler’s authority
2. Unlawfully calling and holding a tribal meeting
3. Usurping a headman ship
4. Conspiring to usurp the ruler’s position
5. Conspiring and canvassing subjects to divide the traditional authority and establish an independent authority.
6. Encouraging subjects to leave the tribal area and join another ruler.
7. Rejecting the authority of a headman
   8 Adultery with the “tribal wife”

Question 2

List the forms of punishment for contempt of the ruler

Answer 2

1. Banishment, because of the maxim go nyatsa kgosi ke go tloga
2. The death penalty for serious forms of contempt, together with confiscation of property.
3. A fine
4. Corporal punishment

Question 3

Explain in depth what assault means in customary law.

Answer 3

It appears that, according to African customary law, assault has to do with unlawfully and intentionally hurting another person’ body. Assault is particularly associated with blood and bodily injury. Bodily injury caused by negligence does not constitute assault. Defense, executing an official order, discipline, and participation in recognised knobkierie, stick-fights, or initiation ceremonies are all considered grounds for justification in assault cases.

Question 4

Explain in depth what rape means in customary law.

Answer 4

According to customary law, rape occurs when a man uses violence to force a woman to have sex with him, while she is not married to him. Sex with a woman who is not sexually mature is punishable as rape, even if there is no violence. Only a man can commit rape, not a woman. Some groups require penetration, if there is no penetration, the offence is sometimes regarded as assault, but not rape.

In former times, rape could be punished with the death penalty, fines, or corporal punishment.