THE PRESIDENT'S SPEECH AT THE OPENING OF THE FIRST SESSION OF THE COURT OF APPEALS. It has been described by the Trial Panel as the Indigenous People's Charter of Justice, Kefas Magano v. Except as provided in sections 13 and 18, the decision of the Local Appellate Tribunal shall be final and conclusive.
ADDRESS BY THE PRESIDENT
4 ADDRESS BY THE PRESIDENT
I don't think there can be any doubt that ukulobola has the approval of Scripture. This question, in view of the discretionary powers given to the courts of Native Commissioner under section II (1) to deal with cases in accordance with native law, is one of the fundamental principles of native law. The chief is the embodiment of the tribe, the head and center of the entire fabric.
8 ADDRESS BY THE PRESIDENT
The Court's jurisdiction was limited solely to appeals against the decision of native commissioners. In the Court of the Additional Native Commissioner, the respondent sought against the appellant eviction from the respondent's property which was unlawfully, wrongfully and illegally occupied by the appellant. There are no indications that the donkey foal claimed by the plaintiff is actually the donkey foal in the possession of the defendant.
JOHANNES TWALA
With the consent of the parties Enoch Mkwanaza, the guardian of the plaintiff, has been joined in the suit as a co-plaintiff. Because of the Christian rites of marriage by the defendant and Etta Nkosi, the subsequent union between the defendant and the plaintiff, Emma Mkwanaza, was immoral and illegal and that the Court should not have made any order in respect of that union. Mkwanaza and the second is, assuming the former to answer in the negative, was Johannes Twala entitled to succeed in the alternative claim at reconvention, namely, for the return of the nine head of cattle and one horse paid as lobolo.
JOHANNES TWAEA
5 of which obliges marriage officers to "clearly and emphatically explain and explain the moral and legal meaning of marriage to the parties". This act provides for marriages between Natives according to the ordinary laws of the State and carries practically the same obligations as those applicable to Europeans. 36, on September 1, 1927, of Act 38, 1927 (Natural Administration Act), there was a doubt at least as to the legality or rather the right to recognition in Native Commissioners Courts of unions entered into by Natives according to their laws and customs within Transvaal and in one case, for example, which came before the Supreme Court, viz. Kaba v.
JOHANNES TWA LA
The judgment of the lekgotla
In view of the evidence of these witnesses on the points mentioned, it is not intended to imply that the Native Commissioner's Court was bound to give effect to the judgment of the lekgotla. The judgment of the Native Commissioner is quashed with costs, and the proceedings are remitted to him to consider the merits of the case. I consider that the judgment of the lekgotla is important because it is evidence of the basis of the claimant's claim, which, whatever it may have been, had its origins in the lekgotla.
Ralibug Mekgoe was present at the lekgotlam meeting and is also certain that plaintiff was allocated 57 cattle. In this case one of the witnesses whose evidence was rejected by the commissioner was a member of the native court (lekgotla) and the other a witness who heard the judgment delivered. The Native Commissioner gave judgment for the plaintiff for the return of the horse claimed and £3 damages with costs.
After some delay the case came up in the High Court of the Land on June 15, 1922, on which date the dispute was settled by a written consent which became the decision of the Court. The names of the parties are identical to those cited in the original suit before the Supreme Court. This has led to a great deal of confusion and perhaps caused the decision of the local Commissioner to find that the claim of res judicata, which was raised before him, was not applicable.
They have already agreed to pay the cost of transfer as per the judgment of the Native High Court.
MKIZE
It is clear that the girl was forced to leave her home on the eve of her wedding at the instigation of the two appellants. Firstly, I am not satisfied that the attack was made inside the kraal area but some distance away from it. After a thorough consideration of the case, I find no reason to differ from the finding of the Native Commissioner.
Ahrens, member of the court: The Native Commissioner concluded that the story of the adultery was a fabrication intended to escape the consequences of an unprovoked attack. Stubbs, P.: The learned members of the Court reviewed the evidence and expressed their views on the legal aspects of the case. Substantively, the evidence of the defendant (plaintiff in the court below) shows that the appellant (defendant in the lower court) hit him twice on the head with a stick.
Mpika corroborates, saying that he saw appellant at the scene of the assault and saw him. Appellant in response to the claim states that he was not at the scene of the assault as alleged but was elsewhere at that time. 15 of the Native Administration Act and to quash the entire proceedings before that Court.
That the appeal is and the same is hereby dismissed with costs, but the judgment of the Native Commissioner is set aside with costs in favor of the defendant before his Court.
STESHI NGCOBO
The appeal is allowed at £60 with costs, and the judgment of the court below is altered to one for the plaintiff. The Native Commissioner came to the same conclusion, and it therefore becomes unnecessary to consider the effects of the dictum of Innes, C.J., in Mkunu v. In the case in question there was no marriage celebration: nor was there a ceremony in an early part of which point 2 of the Code does.
As to (ii), it is clear that the parties intended that a marriage ceremony should take place. So that such a case in effect became a first instance case from the Court of the Native Commissioner to the Appeal Court. 15 of Act 38, 1927, to take note of the lack of timeliness in recording the appeal of the Chief's Court against that of the Native Commissioner.
It is clear from the record that 47 days passed from the date of the trial before the Chief to the filing of the complaint with the Home Commissioner's Court. 12 (3) was exceeded and the Court of the Native Commissioner had no jurisdiction to hear the appeal. In the first instance, the registrar incorrectly perceived or accepted the complaint of the superior in violation of the provisions of the rules of procedure.
The appeal must therefore incur costs in this Court, and the judgment of the Native Commissioner is altered to one sustaining the appeal with costs.
BHONGO
This shows that at the beginning there was no debt on the newly established house. If a subsequent disposition was made by the kraal head in favor of his senior house within six months. Bhongo, as the guardian of the interests of his several houses and having been a party to the registration of the marriage and having the facts particularly within his knowledge, was the proper person to effect any amendment of the entry.
Having failed to do so within the period prescribed by the section referred to, impeachment is now barred and the certificate in terms of .sec. 162 of the Code must be accepted as conclusive evidence that no debt rested on that house. The respondent would not be entitled to a refund of the three cattle from Nonzondo that were used to establish Masoko's house.
If they are indebted to anyone, they would be indebted to Njube of the second house. In any case, the action appears to us to be premature, as the girl Mqiki, when this issue was decided, was not yet married and no claim would be competent until such an event took place.
DH1.ADHLA Masoko
The defendant now appeals the decision of the Native Commissioner, on the same basis. The plaintiff claims to have paid a total of 18 heads, but this dispute does not affect the merits of the case. 51 of the Code or that they purported to deal with him in pursuance of the general powers conferred by him.
There is nothing in the provisions of the latter clause exclusively. The Code or the Chief's power thereunder. Facts: Within the jurisdiction of the Native Commissioner, Pinetown, the applicant applied for leave to proceed with an appeal of the Chief's decision to the Native Commissioner. Dismissal of the writ was sought on the ground that (a) the appellant was absent. b.
He admitted that the girl had not become pregnant due to the temptation. 208 of the Code provides that “the seduction of a girl gives her bead head or guardian a civil action for damages. One of the exceptions to the summons is that the claim is directed against the seducer's kraal head instead of against the seducer himself.
The native commissioner therefore erred in deciding the merits of the case without having some evidence before him.
DECISIONS
NATIVE APPEAL AND DIVORCE COURT
TRANSVAAL AND NATAL DIVISION)
IN COLLABORATION
