ASSIGNMENT 1 2025
DUE ( ) MARCH 2025
SEMESTER 1 2025
,Assignment 1
Instructions:
1.This assignment questions are largely based on Study unit 4 and study unit 6.
2. Refer to both your study guide as well as the prescribed book relevant chapter to
answer the questions.
3. You are limited to not more than 8 typed pages for answering these questions.
4. Reference with both footnotes as well as providing a bibliography for this
assignment.
5. The referencing style is OSCOLA kindly comply and ensure you footnote where
needed.
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accepted. Unisa assessment policy DOES NOT allow email submissions.
9. We emphasize the importance of submitting the correct assignment for this
module. Carefully review the assignment before you submit to avoid mistaken
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, IND2601 ASSIGNMENT 1 2025
Questions:
Question 1
ANSWER
Explain the legal significance of mangangahlaa.
Mangangahlaa holds legal significance as a form of court levy or additional
compensation ordered by customary courts. It is traditionally seen as compensation
to the court for the time its members have spent deliberating a case¹. The term,
used among Sotho-speaking groups, refers to the effort required to persuade a
difficult litigant of their guilt².
1Customary Law and Sentencing, 2024, p. 45.
2Traditional Courts Act 68 of 1951, s 9.
Historically, mangangahlaa was paid in the form of livestock, such as a goat or
cattle, which was then slaughtered and shared among the court members and
litigants³. This practice served both a reconciliatory and punitive function, helping to
eliminate lingering disputes in a tangible manner⁴.
In some instances, mangangahlaa is ordered in cases of malicious damage or
when a litigant unreasonably refuses to settle a dispute⁵. In criminal matters, it may
be included as part of a fine, often used to provide food for the council and the
accused⁶.
Today, mangangahlaa is typically paid in monetary form and, under section 9 of Act
68 of 1951, is required to be deposited into the tribal fund⁷. The court levy is
generally imposed on the party against whom judgment is given⁸.