IND2601 African Customary Law
Assignment 01 Semester 01 2025
, Question 1
The Legal Significance of Mangangahlaa in African Customary Law
In many African communities, legal systems are not solely based on written laws and
formal court procedures but are deeply interwoven with cultural practices, spiritual
beliefs, and communal values. A fascinating example of this integration is seen in the
Basotho people's tradition of mangangahlaa, a concept that holds significant legal and
social importance within African customary law.
Mangangahlaa is essentially a curse invoked by an aggrieved party when they feel
wronged, particularly when traditional methods of seeking justice fail or when the
wrongdoer refuses to acknowledge their actions. It is an expression of the community's
deep belief in the influence of ancestors and supernatural forces. The Basotho believe
that by invoking mangangahlaa, they are calling upon their ancestors or spiritual entities
to intervene and bring justice where human systems have failed.1 This practice
transcends the boundaries of legal formalities and enters the realm of the sacred,
making it both a legal and moral tool within the community.
The role of mangangahlaa in African customary law is profound. It operates as a
mechanism for ensuring that wrongdoers are held accountable, even when formal legal
processes cannot fully address the situation. For example, in cases where evidence is
lacking or when the wrongdoer denies their guilt, the aggrieved person may invoke a
curse as a form of pressure, either to compel the wrongdoer to admit their wrongdoing
or to seek redress.2 The social and spiritual ramifications of such a curse are not taken
lightly. In many communities, there is a strong belief that the wrongdoer will face
1
Thabane, L. (2019). African Customary Justice: The Intersection of Law and Spirituality.
Lesotho Journal of African Legal Studies, 13(2), 45-59.
2
Mothibi, M. (2021). African Customary Law and Social Order. Pretoria: University of South
Africa Press.
Assignment 01 Semester 01 2025
, Question 1
The Legal Significance of Mangangahlaa in African Customary Law
In many African communities, legal systems are not solely based on written laws and
formal court procedures but are deeply interwoven with cultural practices, spiritual
beliefs, and communal values. A fascinating example of this integration is seen in the
Basotho people's tradition of mangangahlaa, a concept that holds significant legal and
social importance within African customary law.
Mangangahlaa is essentially a curse invoked by an aggrieved party when they feel
wronged, particularly when traditional methods of seeking justice fail or when the
wrongdoer refuses to acknowledge their actions. It is an expression of the community's
deep belief in the influence of ancestors and supernatural forces. The Basotho believe
that by invoking mangangahlaa, they are calling upon their ancestors or spiritual entities
to intervene and bring justice where human systems have failed.1 This practice
transcends the boundaries of legal formalities and enters the realm of the sacred,
making it both a legal and moral tool within the community.
The role of mangangahlaa in African customary law is profound. It operates as a
mechanism for ensuring that wrongdoers are held accountable, even when formal legal
processes cannot fully address the situation. For example, in cases where evidence is
lacking or when the wrongdoer denies their guilt, the aggrieved person may invoke a
curse as a form of pressure, either to compel the wrongdoer to admit their wrongdoing
or to seek redress.2 The social and spiritual ramifications of such a curse are not taken
lightly. In many communities, there is a strong belief that the wrongdoer will face
1
Thabane, L. (2019). African Customary Justice: The Intersection of Law and Spirituality.
Lesotho Journal of African Legal Studies, 13(2), 45-59.
2
Mothibi, M. (2021). African Customary Law and Social Order. Pretoria: University of South
Africa Press.
