Notice of this application was addressed to the court clerk and the appellant's attorney. It follows that the appeal should be allowed with costs and judgment of the Bantu Affairs Com-.
NORTH-EASTERN BANTU APPEAL COURT
CUSTOMARY UNION
The law did not expressly provide that its celebration was one of the essentials of a customary union, but it nevertheless did so by implication as requiring the intended wife by this section. Since we hold that a celebration is not one of the essentials of a customary union, it follows that the Plaintiff, whose consent to the union is unquestionable, cannot now be heard to challenge the validity of the union simply because such consent has not been expressed by him. personally at the time when the union was formally celebrated.
PRACTICE AND PROCEDURE
JURISDICTION
This decision was appealed to the Court of the Commissioner of Bantu Affairs, and the Plaintiff then restated his claim as follows:—. In his petition for this petition, the defendant denied that he was in illegal and unlawful possession of the house in question and put the plaintiff in evidence thereof.
COMMON LAW
Accordingly, the appeal is dismissed with costs, but the judgment of the Bantu Affairs Commissioner is changed to one of. Menge, who also appeared for the Appellant in this Court, then, if we understand him correctly, explained that it was not intended to change the basis of the action, but merely to alter the damages claimed for alienation only of to limit affection.
MAINTENANCE
Counsel for the appellant submitted, secondly, that there was no evidence to show that the respondent and the child had been left without means of assistance. This Court is compelled to comment very negatively on the extraordinary delay in submitting the record of this matter to the Registrar.
SOUTHERN BANTU APPEAL COURT
EVIDENCE
However, as also pointed out by the Commissioner, it is a common cause that the deceased and the plaintiff came to take Nontlanga from the defendant's kraal in 1959 with the intention of providing her with a wedding suit which, taking into account custom, they would hardly done, while a substantial part of the. According to the prosecution's evidence, only eight sheep were received by the defendant in respect of Novume's dowry, in addition to the two head of cattle.
BANTU LAW AND CUSTOM
The appeal must therefore be allowed, with costs, and the judgment of the Bantu Commissioner's Court reversed for the defendants, with costs. After the rejection of the annulment request, the defendant's lawyer applied to the Commissioner's Court for the return of the appeal to the list.
NATAL CODE OF BANTU LAW
At the trial, the registry of the common-law union between the plaintiff and the defendant No. The defendant continued to claim that Nomakatini was the only case of the plaintiff's common-law union with Nokayini and that this child had passed. Airey, in his argument on behalf of the respondent, inconsistencies in the plaintiff's evidence as to when Nokayini left his kraal.
It was not necessary for the applicant to prove that he was prejudiced by the judgment of the Chief Court.
ZULU LAW AND CUSTOM
There is no evidence of the origin of the remaining three heads and they may well have been a gift. Lawand the Natal Code”, which summarizes the observations of the President of this Court in the case of Mbata versus Ntanzi, 1945, N.A.C. The Commissioner admitted that defamation is an offense in native law within the meaning of section 132 of the Natal Code of Native Law and since, for this purpose, both systems of law could have been applied, he should not have exercised his discretion decide which legal system would have been applied. system it would be fairest to apply until he had considered all the evidence of the parties [see ex parte Minister of Indigenous Affairs in re Yako versus Beyi, 1948 (1), S.A.L.R. (AD) 388at 397.].
The appeal is allowed with costs, the judgment of the Bantu Affairs Commissioner is set aside and the matter is referred back to the lower court for the hearing of such evidence as the parties.
MAII WANE VS. MJEKULA
In deciding to apply the common law in this case, the judge was guided solely by the observations contained in paragraph 18 at page 221 of Stafford and Franklin's "Principles of Native. This case is no authority for the settled views expressed in the paragraph quoted , because a perusal of the case itself clearly shows that these remarks were merely obits.
JUDGMENTS
Held: That the name of the heir should not be substituted as Accused No. Further contends: That the Defendant's false denial that he visited Ntombemnyama on two occasions corroborated the latter's testimony that the First Defendant was responsible for her seduction and pregnancy. In modifying the Chief's judgment in favor of the Plaintiff, the judicial officer misdirected himself as to the law applicable to the case, "in the absence of absolutely conclusive proof that the sheep were absolutely the property of the Plaintiff.
It was common cause that—. 1) The plaintiff was the natural son of the late Nozi-hamba Mpolo;.
NOZIHAMBA MPOLO
That the said NOZIHAMBA MPOLO who had no male children appointed the Plaintiff as his heir. On the other hand, if the Plaintiff was conceived and born during the existence of Nomhla's customary union with Mabovana, as argued by Mr. Muggleston, assists the Claimant in relation to this aspect of the case for Tyabule after denying that Nomhla entered into a customary relationship with Mabovana. and stated that the Plaintiff was born in Cibeni Location before Nomhla started.
It follows that Nomhla's testimony that she gave birth to the plaintiff before her common-law union with Mabovana.
AND ANOTHER vs. NGUDLE
At the time of the alleged crime, the defendant was committed in the Kraalat institution of the second defendant. Turning to the evidence for the defendants, apart from the evidence of the first defendant which we have already dealt with, one Matoti said that he had intercourse with Sylvia v. Defendant also failed to prove that Isiah was plaintiffs' guardian at the time of the alleged sale.
I can find no justification for the action of the Acting Commissioner of Bantu Affairs in removing the case from the list on November 10, 1959.
EJECTMENT
The respondent then caused an order to evict the appellant from the property and this. The order was a process of the Court, and it was clearly entitled to determine whether it was. It was a priori that because no notice of appeal had been served on the Court Reporter, the appeal was not properly before this Court.
It is affirmed with costs, and the judgment of the Bantu Commissioner is altered to one of.
COURTS
The "Written Record" of the Chief is the criterion as regards claims in his Court [Malufahla v. Kalankonw. If the claimant does not contest the correctness of the Chief's written record, he is bound in subsequent proceedings in the Court of the Commissioner of Bantu Affairs by his claim as recorded by the Chief's Court [Dimiz.a v. Gxalaba, 1955. This is the only claim which the Commissioner could judge as what appears in the Chief's written record.
The Chief made no judgment in respect of the personal effects and the claimant did not appeal on that point, so the Commissioner should have dealt only with the Chief's judgment on the R40lobolo.
NOORDOOSTELIKE B ANTOE-APP ELHOF ZULU vs. ZULU EN NGWENYA
The correctness of the claim as recorded by the chief was not disputed in this case [Am v. Kuse, 1957. The chief is empowered only to decide civil claims arising from Bantu law and custom, and there is nothing in that system which punishes a woman sued for lobola {Bulunga v. Bulunga, 1960, N.A.C. 1).
BANTOEBOEDELS
PRAKTYK EN PROSEDURE
Summary: Plaintiff, a woman duly assisted by her son, sued for the return of seven cattle attached to her son's debt on the grounds that they were her property, being the offspring of the ngqutu animals paid for her three daughters. Held: That the title to the five head of cattle vested in the indhlunkulu to whom the plaintiff's son was heir, and that they were rightly attached to his debts. In the result the appeal is allowed with costs and the judgment of the Bantu Affairs Commissioner is amended to “For the defendant for the five head of cattle allegedly the offspring of the ngqutu animals of Puzani and Kadenzeka.
Defendant is dismissed from the case regarding the two cattle alleged to be the offspring of the ngqutu beast of plaintiff's daughter, Lena.
BANTU LAW
In leaving her husband, she may or may not have committed a marital crime, but if she did, his remedy was to demand her return from her father, failing which the cattle were paid for her as lobolo.
CENTRAL BANTU APPEAL COURT
CONFLICT OF LAWS
He did not, however, postpone the case, and this Court is satisfied that the reasons given by the Commissioner of Bantu Affairs for the decision to apply Bantu law and custom are sound. It is against this decision that Mr. Wentzel, who conceded that under Bantu law and custom the respondent had a good cause of action and that the words were per se defamatory, directed his main attack. In my view there is nothing wrong or illogical in a finding that the cause of action lies in Bantu law and custom, but that damages must be assessed under the law.
It follows that the BantuAffairs Commission erred in applying common law to the assessment of damages.
PRESUMPTIONS
At the conclusion of the hearing on 20 April 1964, the Bantu Affairs Commissioner ruled for the Defendant with costs. In deciding that the summons had indeed been properly served on the Applicant, the judicial officer was influenced by the return of the Messenger of the Court and the fact that Mr. For these reasons the appeal is allowed with costs and the judgment of the Bantu. Business Commissioner is amended to read.
The appeal is therefore allowed, and that part of the Bantu Affairs Commissioner's judgment regarding
