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A Compendium of Kafir Laws and Customs
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Historical SummaryThe South African colonists took advantage of the native feeling of collective responsibility and introduced the practice of handing over the spoor from one community to another in case of theft:
The custom of handing the spoor over to the first kraal, and expecting them to pass it on to the next, etc., is also an innovation introduced by the colonists, but which appears to be absolutely necessary, otherwise colonial property would never be recovered as no kraal, or clan, would ever give information respecting, or assist in recovering, the "white man’s" property, were they not obliged to do so; and it is only carrying out their own principle of "collective responsibility." Among themselves, the owners of the stolen property have to follow the spoor whithersoever it goes; and the only assistance they can demand from others is, that when it approaches within a short distance of a kraal, say five or six hundred yards, they inform the people of the said kraal of the spoor, and they are bound to assist in passing it on beyond their kraal, to about the same distance as above mentioned, when they return, and the owners proceed on alone. If the people of a kraal refuse to assist in tracing the spoor past their kraal in the manner described, and the owners cannot succeed in tracing it any farther, they are then considered as the guilty party, and the charge of the theft is at once laid against them. Making the kraal nearest to which the spoor has been obliterated pay for the theft, without any other proof of their guilt, is another necessary innovation of ours, arising out of the before mentioned disinclination of the Kafir to give information against the stealer of colonial property. Among themselves, in order to establish a case against a kraal, the spoor must be traced to within its precincts at least; and even then every exertion must be made by the Owners of the stolen property, in conjunction with the people of the said kraal, to pass it on. . . . It is not necessary to identify
the thief, nor is it necessary that he should be produced, even if known. It is sufficient if a case has been clearly established against a kraal.1
1Maclean, J.n/an/an/an/an/a, , 68–69.
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Chicago: "A Compendium of Kafir Laws and Customs," A Compendium of Kafir Laws and Customs in Primitive Behavior: An Introduction to the Social Sciences, ed. Thomas, William I. (New York: McGraw-Hill Book Company, Inc., 1937), Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=BJL6DGSF6B5AWGH.
MLA: . "A Compendium of Kafir Laws and Customs." A Compendium of Kafir Laws and Customs, in Primitive Behavior: An Introduction to the Social Sciences, edited by Thomas, William I., New York, McGraw-Hill Book Company, Inc., 1937, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=BJL6DGSF6B5AWGH.
Harvard: , 'A Compendium of Kafir Laws and Customs' in A Compendium of Kafir Laws and Customs. cited in 1937, Primitive Behavior: An Introduction to the Social Sciences, ed. , McGraw-Hill Book Company, Inc., New York. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=BJL6DGSF6B5AWGH.
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