In Mfumbeni, traditional and judicial law are distinct but interlinking entities.

Opposite Chief Nzamane’s palace, there is a small court house where judicial cases are heard in front of a judge. This court house is run by the state, and deals with minor crimes such as adultery, which is illegal in Zambia, and petty theft.

Mfumbeni Traditional Court sits 100 metres away from the judicial court, and last Friday, I sat in on one of the trials, for a court report very different to any I have done in the past.

Like every public gathering without exception in Mfumbeni, the council session opens with a prayer. The council are in the process of building a new courthouse, and for the moment, the members, witnesses and their supporters are gathered in the shade of a cluster of mango trees beside the construction site.

“Yo Jere,” the gathering say in unison, giving respect to his Royal Highness Chief Nzamane, whose family name is Jere.

The chairperson then calls the court to order, and summons the complainant to come forward and be seated before the council to make his case.

The man is old, and is accusing a younger man of attacking him with a stick as he was coming out of church. The young man is called forward, and confesses to the crime, but says that he did it because the old man stole some of his maize meal. Witnesses are called forward to give evidence for both sides, before the court is adjourned for the council to make a decision.

The Traditional Council consists of twelve eminent members of the Mfumbeni, including village head men, ndunas, and members of the Mfumbeni Development Association. The council sits every fortnight to hear all cases relating to traditional law in the chiefdom.

All complainants pay a 5000Kw fee to register their complaint with the secretary.

The Traditional Council has limited powers, and Head Man Kapachika says that complex cases are often referred to Chief Nzamane, or to the judicial court if the council believe it is a civil matter.

“Our most important role is to rule on land issues, like disputes over boundaries between neighbours, or cases of landgrabbing. We hear a lot of cases of insult and slander, and also cases relating to the payment of dowries, for example,” explains Head Man Kapachika.

Under Ngoni law, the chief owns the land, and holds it in trust for his tribe. He is free to designate who gets what and where boundaries are drawn, but land is still inherited within families. As there are no deeds or official records of boundary lines, it is the responsibility of the village head men to keep track of who owns what land, but any disputes must be brought to the Traditional Council.

“The main aim of the council is to lead Mfumbeni, and to keep the peace between neighbours in the chiefdom.”

The main aim of the council is to lead Mfumbeni, and to keep the peace between neighbours in the chiefdom.

If a person is found guilty of a traditional crime, they are ordered to pay the complainant compensation. This can take the form of animals, like goats or chickens, but if the person has no assets to give they will be ordered to work a certain number of days on the complainant’s land. If there is no complainant, and the crime was committed against the chiefdom – for example if a person has cut down trees on his land without permission – the guilty person may have to pay the chief, or work on the chief’s land for a given number of days.

Where the person is found to be in contempt of court, if they don’t turn up on the day that they have been summoned, they are ordered to pay a fine to the court. This goes towards the administration costs of the Traditional Council.

What really struck me about the Traditional Council session was how the trappings of the judicial court, a system which would have been introduced under British Colonial rule, have been so well adapted to a traditional context. I had often wondered during my time here how the laws of the chiefdom are imposed, and it was truly enlightening to see the Traditional Council rule with such a strong but well respected hand.

Yo Jere.