ABSTRACT

This chapter explores whether there is individual responsibility in African customary law or whether any such responsibility as there is, is that of some group. It shows that 'group responsibility' so called in truth arises only if the social group to which the individual belongs decides to adopt the offence or liability created by the individual's action as falling on the group as a whole. The concept of individual responsibility seems to be universal among human beings and it flourishes most in those societies where the group's supreme authority does not need to appeal to kinship ties or clothe the act with the aura of group importance. The idea that the group should take fines or inflict punishment without these conferring any benefit on the injured party appears to be completely alien to African customary law.