ABSTRACT

A part from breaches of contract, the principal legal wrongs dealt with in Tswana courts may be roughly grouped into the following categories: wrongs against the person; wrongs against family rights; wrongs against property; offences against tribal authorities; and sorcery and other 'unnatural' offences. Under old tribal rule, any subject who schemed against the Chief, either with others in the same tribe or with some foreign Chief, was held to be guilty of the greatest and most dangerous of all offences. The general principle underlying the class of wrong is that the owner of the property damaged is entitled to restitution or compensation. Where damage to property is caused by livestock, the owner of the stock is liable. The general rule, however, in cases of theft is that the owner of the stolen property is entitled to receive twice the value of the article stolen.