The Influence of European Colonialism on Zande Customary

Traditionally, the authOlity of the chief The Influence of European was never questioned in matters of law (Evans- Colonialism on Zande Customary Plitchard 1962:213). The chiefs held courts in which they exercised a great deal of power, and Law their judgements served as detenents to future injustices. Numerous accounts list death or mutilation among the traditional punishments rendered upon the guilty pmty (Reining 1966: IS). Laws are the moral foundations of Known among the Azande for his particular social order. They are established to govern the harshness was the chief Gbudwe. Evans- way in which individuals act within a society in Plitchard, dllling his time spent in Zandeland, an attempt to impose stability, conformity and noted many accounts of Gbudwe's character and acquiescence. Because a specific set of laws the convictions by which he IUled. Evans- functions only within the bound system in Plitchard, in his retelling of such accounts, which it is established, the effectiveness of the described Gbudwe as "stem" and "morose," legal system is contingent upon the general taking harsh action against "disloyal people, acceptance of those rules by that pmticular sorcerers, witches, adulterers, and those who society. Law, like any other culturally flouted custom or good manners"(Evans- constructed institution. must therefore be Pritchard 1962:217). understood in reference to the society in which Such accounts of brutality are not it is developed. uncommon. Schweinfurth relates that "for the If a common understanding among all purpose of exhibiting their power over life and community members is fundamental to the death [the chiefs] will occasionally feign fits of successful implementation of the legal code. passion. and that. singling out a victim from the then an interesting dilemma arises when crowd, they will throw a rope about his neck, and examining the application of European law in with their own hands cut his throat" (Evans- tribal societies. If colonial powers were to Pritchard 1962:224). An ltalian hunter and trader, impose European law on tribal society what Carlo Piaggia. who visited with King Tombo effect, if any, would it have on indigenous from 1863 to 1865. noted that to incur fear in his people? Without conmmnity solidarity and an people King Tombo would take pmt in a blood understanding of the legal code, it is unlikely frenzy where a victim would be encircled and that any individual would embrace such laws. murdered (Evans-Plitchard 1962:224). Further Such is the case with the Azande. Here the accounts of this blUtality come from descliptions principles of different systems of law created of Bakangai, a third generation descendant of conflict. when one system of law was King Tombo. Bakangai believed that "fear. not supelimposed on another. The result was a love, makes subjects obedient and faithful" and as system of "legal pluralism" where the chiefs. a result, "he was severe and even cruel, and death who, prior to colonization. presided over all was the punishment he inflicted for the least legal procedures, were forced to simultaneously fault" (Evans-Pritchard 1962:224). The abide by their customary laws as well as employ IUthlessness by which the Zande kings governed the legal sanctions of the colonial powers did not, however. endure as a means of control. (Reyntjens 1992: III). In many cases. the legal Evans-Pritchard. in his account Zande power of the chief was revoked by the colonial kings and princcs. notes that although the power and transfened to European accounts of Zande brutality are well known, he administrators who had little understanding of himself did not witness any such acts (Evans- jlllisprudence within Azande culture (Reining Pritchard 1962:22-+l. Not only is it the case that I966:xvii). If the customary law on which the "colonial power structure made the object of Azande based their daily practices was distorted anthropological study accessible and safe" (Asad by European intervention, then there could be 1975: 17), it also changed the very nature of little faith in its prescribed justice. As a result. Zande justice. It is not unreasonable then, to Azande chiefs lost much of their po\\·er. the deduce that brutal practices were phased out with customary laws of the Azande were the colonial expansion of European powers during compromised and the Azande people turned to the early part of the twentieth century. Since vengeance magic as a means of settling legal "Functional Anthropology was born after the disputes. advent of European colonialism ... and occuned II III \1 \' ,I II 211112-21111.1 CoP"',.c:l1l' 2""\ 11111'\1:'111, L'\\"(l.lournalof.\nthrop"ll)gl" within the context of. .. an imperial structure of law" (Hunt and Wickham 1994:43). While it may power already established rather than one in very well be that the power of the colonial process" (Asad 1975:115), Zande customs of government was vested in law, how venerable brutality would have already been were colonial laws among the Zande people? The "subordinated ... to the authority of European laws of colonial administration were foreign and administrators" (Asad 1975: 108). Therefore, complex. They were grounded in years of any observations of Zande practices were European history, and would not simply apply to tainted by European colonialism. With the the customs and traditions of the Azande. infiltration of the British into the Anglo- Furthermore, foreign laws must have seemed Egyptian Sudan, the Azande were placed under repressive, as they favoured European interests British military administration and the prestige and morals, and did not include or relate to the of the chiefs as lawgivers was further values of the Azande people. diminished (Baxter 1953:23). A selies of judgements made by British Subsequent to British military colonial officers in Aflica illustrates the partiality occupation, the colonial administration sought of the courts to British law. In one such judgment to utilize the Azande chiefs to govern the tribal the court proclaimed that "the only standard of people. It was often the case that the British justice and morality which a British court in Native Commissioner would require the support Africa can apply is its own British standard" of the chief to administer law over the tIibal (Hooker 1975:133). Similarly, the French peoples (Gluckman 1956: 147). The tribal colonial government believed that customary law leaders were not, however, permitted to govern should be restIicted so that it did not exist using customary law, but were forced to try "contrary to the principles of French civilization" criminal offences under colonial law (Gluckman (Hooker 1975:223). 1956: 148). Azande customary law stood in In the case of the Belgian Congo, the direct conflict with the tenets of European law. colonial administration was not entirely opposed The colonial government would not allow the to customary law, declaring "indigenous chiefs continued practice of customary law in its raw shall exercise their authority in conformity with form and consequently brutal punishments usage and custom, provided these are not contrary issued to commoners were forbidden (Reining to public order and the laws of the state. 1966: 17). The chiefs were restricted in their However, the chiefs shall be placed under the powers of adjudication and punishment, and direction and control of the district without murder and mutilation as deterrents, the commissioners"(Reyntjens 1992:113). In effect, Zande chief began to lose his hold over his the chiefs were intended to act merely as people. convenient vehicles for European infiltration. The colonial powers occupied The influence of the colonial Zandeland, but what gave them authority over administration on customary Zande law can be the Azande? Evans-Pritchard, in an outline of seen in the colonial laws pertaining to theft. Zande culture, states "the Azande are so used to Traditionally, the punishment for theft was either authority that they are docile; that it is unusually mutilation or death. Following the easy for Europeans to establish contact with implementation of European law, mutilation and them ... [The Azande offer] little opposition to death were no longer considered appropriate foreign administration and [display] little scorn punishments; restitution, or monetary for foreigners" (Evans-Pritchard 1937: 13). compensation was required as an alternative However, Turner points out that colonial (Vanderlinden 1970:346). Further evidence of anthropologists were "'apologists of colonial involvement in customary law can be colonialism' and subtle agents of colonial seen in cases involving physical injuries. supremacy" (Asad 1975:15), so the conclusion Customary law dictated that the chief was to that the Azande would willingly submit to determine the extent of a victim' s injuries and colonial rule is suspect. How then, did the equal suffering was to be administered to the colonial administration exert power over the guilty party. Under colonial law, the chief was Azande? still required to assess the condition of the victim, According to Foucault, "law ... was the but compensation came in the form of a monetary monarchic system' s mode of manifestation and settlement (Vanderlinden 1970:344). The the form of its acceptability. In Western influence of the colonial administration served to societies since the Middle Ages, the exercise of remove reciprocal action as a means of justice, power has always been formulated in terms of replacing it with a punishment that was not TOTI·:i\1 \"01 II ~1I11~-:WII.) CoplTight © ~IJlI.)TOTI·:H The U\X'() Journal of\nthropo!o!-,,,' relevant to Azande society. It was a legal concubinage altered the rights and responsibilities sanction, the moral foundations of which must of women (Reyntjens 1992: 122), and invested have been beyond traditional Azande women with "privileges which they did not experience and jurisprudence and, therefore. previously enjoy. Azande unanimously declare one which the Azande could not consider that this reform has led to serious disruption of acceptable.

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