NCJ Number
67290
Date Published
1978
Length
34 pages
Annotation
INDIVIDUAL AND SOCIETAL CONSTRAINTS AFFECTING OPTIONS FOR DISPUTE SETTLEMENT AND PROCESSING ARE EXAMINED IN THE CHIEFTANCY OF MONGULE, LOCATED IN THE CENTRAL PROVINCE OF ZAMBIA.
Abstract
A TOTAL OF 65 PERCENT OF THE MONGULE POPULATION ARE INDIGENOUS LENJE WITH LONG-STANDING FAMILY AND SOCIAL TIES IN THE AREA. THE REMAINING POPULATION IS FROM ELSEWHERE IN ZAMBIA AND CENTRAL AFRICA, MOST OF THE NONINDIGENOUS POPULATION HAVE MIGRATED TO MONGULE SINCE THE EARLY 1950'S TO WORK IN CASH CROPPING. THE RANGE OF REMEDY AGENTS COMPOSING MONGULE'S DISPUTE-PROCESSING SYSTEM IS CONCEIVED AND USED IN A HIERARCHICAL ORDER. THE SYSTEM HAS BEEN DEVISED TO MAINTAIN THE BOUNDARIES OF SIGNIFICANT CORPORATE GROUPS THAT SUPPORT THE POWER OF THE LENJE ELITE. INTRAFAMILY DISPUTES ARE EXPECTED TO BE PROCESSED AT THE FAMILY LEVEL, THUS REINFORCING LENJE CONCEPTS OF KINSHIP. VILLAGE DISPUTE PROCESSING IS EXPECTED TO BE DONE THROUGH THE CORPORATE ENTITY OF NEIGHBORHOOD. THE ACTIVATION OF THESE CORPORATE NETWORKS CAN BE AVOIDED BY PROCESSING A DISPUTE PRIVATELY. THE SETTLEMENT FORM IN SUCH A CASE IS CONCILIATION. A REMEDY AGENT OF HIGH STATUS IS CHOSEN, BUT NOT IN HIS PUBLIC ROLE (WHICH WOULD REQUIRE ACTIVATION OF THE CORPORATE NETWORK). THE LOCAL COURT WILL NOT ACCEPT A CASE UNTIL IT HAS FIRST BEEN PROCESSED BY THE APPROPRIATE CORPORATE NETWORK. BY REAFFIRMING THE DECISIONS OF LOWER-LEVEL FORMS OF DISPUTE SETTLEMENT AND CALLING LOWER-LEVEL REMEDY AGENTS AS 'EXPERT WITNESSES,' THE LOCAL COURT HELPS MAINTAIN CORPORATE BOUNDARIES FOR DISPUTE SETTLEMENT AND PROCESSING. A STATISTICAL ANALYSIS OF CASES PROCESSED AT VARIOUS LEVELS, SUPPORTED BY INTERVIEWS, SHOWS THAT LENJES TENDED TO ACCEPT MEDIATION AT THE LOWER LEVELS OF THE CORPORATE NETWORK, WHILE NON-LENJES TENDED TO PREFER PURSUING SETTLEMENT BY THE COURT. NOTES ARE PROVIDED. (AUTHOR ABSTRACT MODIFIED--RCB)