Exam (elaborations)

IND2601 Assignment 1 Semester 1 | Due March 2025

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Course
African Customary Law (IND2601)

Institution
University Of South Africa (Unisa)

IND2601 Assignment 1 Semester 1 | Due March 2025. Two answers provided for each question. Question 1 Explain the legal significance of mangangahlaa. (10) Question 2 Kabelo, a traditional leader, recently issued several determinations. One of these determinations was conveyed by Keletso, the inn...

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ind2601 assignment 1 semester 1 2025

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1. Explain the legal significance of mangangahlaa.

Mangangahlaa is a term used by Sotho-speaking groups to refer to a court levy or court costs. It
represents a fundamental aspect of customary law, functioning as compensation to the court for the
time spent by its members on a case. Beyond merely covering court expenses, mangangahlaa holds
broader legal significance in ensuring fairness, accountability, and the smooth operation of
customary judicial processes. It serves multiple roles, including compensating the court for its efforts,
facilitating reconciliation, compensating for damages, and even functioning as a punitive measure.
Understanding its legal significance requires an exploration of its various functions and implications
within the customary legal framework.

Compensation for the Court's Time and Effort
One of the primary purposes of mangangahlaa is to compensate court members for the time and
effort they dedicate to resolving disputes. In traditional court proceedings, the council members
spend considerable time deliberating on cases, particularly when dealing with difficult litigants who
refuse to accept responsibility or acknowledge their guilt. The payment of mangangahlaa serves as
recognition of the court's labor and ensures that the judicial system remains sustainable. This
compensation also incentivizes court members to dedicate their full attention to cases, ensuring that
justice is dispensed fairly and thoroughly.

Bringing Court Proceedings to a Conclusion
Mangangahlaa also plays a crucial role in marking the conclusion of legal proceedings. In many
instances, it is viewed as goods or payment given to signify the end of a case. This aspect of
mangangahlaa ensures that all parties involved recognize the finality of the court’s decision,
reducing the likelihood of ongoing disputes. By providing a tangible representation of closure,
mangangahlaa helps prevent further litigation on the same matter and fosters respect for the court’s
rulings.

Facilitating Reconciliation Between Parties
In customary legal practice, mangangahlaa extends beyond mere financial or material compensation;
it also serves a social function in promoting reconciliation between disputing parties. Traditionally,
the goods given as mangangahlaa—such as a goat or a head of cattle—were slaughtered and shared
among the court members and litigants. This act of communal eating symbolized the resolution of
the conflict and helped remove lingering hostility. By physically participating in a reconciliatory
process, parties were encouraged to put aside their grievances and reintegrate into the community
harmoniously. This practice underscores the restorative nature of customary law, which prioritizes
social cohesion over punitive measures alone.

Compensation for Damages
Mangangahlaa may also be imposed as compensation for damages, particularly in cases where
malicious harm has been inflicted. When an individual causes damage to another person's property or
reputation, the court may order the guilty party to pay mangangahlaa as a means of making amends.
This function of mangangahlaa aligns with the broader principles of customary justice, which
emphasize restitution and repairing harm rather than simply punishing offenders. By requiring

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Exam (elaborations)

IND2601 Assignment 1 Semester 1 | Due March 2025

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