The Sources of Law In Tswana Tribal Courts: Legislation and Precedent

Abstract

The Tswana peoples referred to in this paper inhabit the Bechuanaland Protectorate, where they number altogether about 270,000. In pre-European times they derived their subsistence mainly from animal husbandry and the cultivation of crops, each household producing its own food. Today they are still essentially small-scale subsistence farmers. But to satisfy the new wants developed by contact with Western civilisation over the past century, many persons also pursue new occupations, including above all temporary wage-labour for Europeans. In some areas more than half the able-bodied men are away every year working in the Union of South Africa. Their absence, often prolonged, has led to conspicuous changes in traditional customs and beliefs, and, as will be seen from some of the examples given below, has also given rise to new grounds for litigation.