Finding the Right Words Languages of Litigation in Shambaa Native Courts in Tanganyika, C.1925-1960
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Finding the Right Words Languages of Litigation in Shambaa Native Courts in Tanganyika, c.1925-1960 Stephanie Lämmert Thesis submitted for assessment with a view to obtaining the degree of Doctor of History and Civilization of the European University Institute Florence, 26 June 2017 European University Institute Department of History and Civilization Finding the Right Words Languages of Litigation in Shambaa Native Courts in Tanganyika, c.1925- 1960 Stephanie Lämmert Thesis submitted for assessment with a view to obtaining the degree of Doctor of History and Civilization of the European University Institute Examining Board Prof. Corinna Unger, EUI (First Reader) Prof. Federico Romero, EUI (Second Reader) Prof. Andreas Eckert, Humboldt University Berlin (External Supervisor) Prof. Emma Hunter, University of Edinburgh (External Examiner) © Stephanie Lämmert, 2017 No part of this thesis may be copied, reproduced or transmitted without prior permission of the author Researcher declaration to accompany the submission of written work Department of History and Civilization - Doctoral Programme I Stephanie Lämmert certify that I am the author of the work Finding the Right Words. Litigation Patterns in Shambaa Native Courts in Tanganyika, c.1925-1960 I have presented for examination for the Ph.D. at the European University Institute. I also certify that this is solely my own original work, other than where I have clearly indicated, in this declaration and in the thesis, that it is the work of others. I warrant that I have obtained all the permissions required for using any material from other copyrighted publications. I certify that this work complies with the Code of Ethics in Academic Research issued by the European University Institute (IUE 332/2/10 (CA 297). The copyright of this work rests with its author. Quotation from it is permitted, provided that full acknowledgement is made. This work may not be reproduced without my prior written consent. This authorisation does not, to the best of my knowledge, infringe the rights of any third party. I declare that this work consists of 93,503 words. Statement of language correction: done Signature and date: 11. June 2017 Acknowledgements This thesis would never have been finished without the support and advice of a number of people. Corinna Unger, my first reader, offered to take over the supervision of my thesis in my final year. I am very grateful that she took the pains of engaging with my work at such a late stage. Her insightful and substantial advice on my first and final drafts were extremely important to the development of my thesis and I wish to thank her for that. My second reader, Federico Romero, has always had an open ear not only for my work. I am grateful for his advice that stretched way beyond my academic work. I also want to thank Dirk Moses for his advice. A special thanks goes to Andreas Eckert. His most generous support and advice, intellectual, career- and otherwise, was a steady source of reassurance throughout the past nine years. Without him, and many of the wonderful staff at re:work, I would not be where I am now. In Berlin, my thanks extends to a number of people who have encouraged me. Above all, I want to thank Stefan Hoffmann. He has not only thoroughly and critically engaged with my academic work, he is also the best friend one can wish for. I owe him a great debt of gratitude. Silke Strickrodt’s Werkstatt Geschichte in Berlin was a wonderful place to discuss research. I would like to thank her and all the participants. I also would like to thank Julia Tischler for her advice, encouragement and time. Sebastian Maggraff, Liese Hoffmann, Romain Tiquet, Vitale Kazimoto, Charlott Schönwetter, Kerstin Stubenvoll, Rajabu Kaoneka and Astrid Kiesewetter have all in one way or another been supportive of my work. I am very grateful for that. I also want to thank my students in Berlin for their fresh ideas about my source material, especially Romina Towfiq. Florence Bernault took me in in Wisconsin. I want to thank her for her critical and encouraging advice and support. Her work and teaching has inspired my thesis and made my stay in Madison an enormously fruitful enterprise. Martin Chanock took the time to read through one of my chapters and discuss it with me in Melbourne. I am greatly indebted to him for his advice. His own work has certainly left its mark in my research. In Tanzania, I am indebted to a great number of individuals for their assistance, advice, friendship, and help. Above all, I would like to thank Bakari Ali Saidi for his time, his connections and help, his small translations from Shambaa, his tireless explanations, and his personal support. Without him, conducting interview in Shambaai would have been an almost impossible task. Furthermore, I wish to express my gratitude to all my interview partners. I also wish to thank Yusuf Makamba, Ramadhani Mahanyu, Augustino Mhando, Hosea Joseph, Wilman i Kapenjama, Mzee Kanyawana, Ngasuma Kanyeka, Dr. Arvind Pathak, Mwanaid Msuya and Dirk Smelty. They all contributed to making my research visits to Dar es Salaam and Lushoto even more captivating. Many thanks also the staff of the Tanzania National Archives and the Library of the Chama cha Mapinduzi. In addition, I am thankful that I have met a number of interesting researchers in the Tanzanian archives and I wish to thank them for our ongoing conversations: Samuel Mhajida, Harsha Pattni, Husseina Dinani, James Brennan, Rachel Taylor and Benjamin Brühwiler. Another special thank goes to my friend Susanne Erhardt who generously allowed me to use her research notes. A very big thanks goes to Jessica Bate for the language editing. During my time at the EUI, I was always able to rely on the help, support, advice and friendship of my colleagues, some of which have become close friends. Many thanks to Sharon- Elisabeth Burke, Miguel Coelho, Roel Frakking, Anna Frisone, Donal Hassett, Bram Hoonhout, Miquel de la Rosa Lorente, Efstathia Politi, Suzan Meryem Rosita, Liam McHugh-Russell, Tetiana Onofriichuk, and Florian Wagner. Jonas Brendebach and Kornelia Konczal were the two persons who kept my spirits up when times were rough and they deserve a special thanks here. The same, of course, goes for my triple pillar of strength, Margot Béal, Esther Wahlen and Matthijs Kuipers. The sole reason I survived the past four years are my wonderful friends outside of academia. I am enormously grateful for their quite extensive support on all possible levels. Massive thanks to Iris Ströbel, Nora Ströbel, Rosa Theye, Sarah Müller, Benjamin Weber, Nora Vissering, Lina Nientimp, Nura Treves, Kim Mercedes Osterwald, Uli Schneck and to my sister Lila. ii Glossary Akida (Swahili) A representative of the colonial state, a role introduced by the Germans under direct rule to strengthen German rule over a local population. The representative was usually from the same country, but a different region than the local population Bawanjama (Shambaa) Local Council Boma Town hall, headquarters of the District Office Bondei, Bonde The Bondei live in the Bonde region, East of the Usambara Mountains chama, vy- (Sw.) Association, party DC District Commissioner DO District Officer EEARS East African Agriculture Research Station in the Eastern Usambaras, formerly known under the Germans as Amani fitina (-) , (Sw.) Intrigue ghunda (Sh.) Tribute labor Jumbe (Sw.) Headman KCU Kilimanjaro Citizens Union Kilindi Royal clan of the Usambara Mountains Kimweri (Sh.) a) Nowadays used as the general title for the “Paramount Chief” of Shambaai; b) Its original meaning is generational; Kimweri is always the generation following a Shebughe generation; c) It has also become an extremely common name for royal Kilindi kitara kikuu (Sh.) Royal capital, royal court Kwavi Ethnic group living in parts of Shambaai MBRS Mlalo Basin Rehabilitation Scheme mgeni, wa- (Sw.) a) Stranger, foreigner; b) guest Mlughu (Sh.) “Prime Minister” in the council of the chief muasi, wa- (Sw.) Protester, rebel NA Native authority PC Provincial Commissioner raia (-), (Sw.) Citizen Shambaai (Sh.) Land of the Shambaa, Usambara Mountains Shebughe (Sh.) Title of the “Paramount Chief” of Shambaai; Shebughe is a generational name. Shebughe is always the father generation of the generation of Kimweri Sesa (Sw.) Flat cultivation Simbamwene (Sw./Sh.) Royal title of the Paramount TAA Tanganyika African Association TANU Tanganyika African National Union TNA\DSM Tanzania National Archives at Dar es Salaam TNA\KEW British National Archives at Kew iii UCU Usambara Citizens Union UTP United Tanganyika Party uhuru (Sw.) Freedom Upare, Pare The land of the Pare, Northern Shambaai utumwa (Sw.) Slavery Uzigua, Zigua The land of the Zigua, Southern Shambaai uzushi (Sw.) Fabrications, lies vijana (plural, Sw.) Youngsters, young people Zumbe Mkuu (Sh.) Sub-chief iv Illustrations Maps 1 The Usambara Mountains 20 Figures 1 The Shita neighborhood 73 2 Ancestral chart of the Kilindi royal lineage 81 3 The Local Court of Mlalo 148 4 Anti-corruption poster 165 5 Timetable of political events in Shambaai, 1946-1961 168 6 Judgment of the Native Court of Vugha-Bazo, 1955 176 v Contents INTRODUCTION ....................................................................................................................................... 1 The Argument ...................................................................................................................................... 3 State of the Art – Law and Colonialism ................................................................................................