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Author: search.filters.author.Costa, AnthonyHas files: Yes

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    Customary law and the government of Africans in South Africa in the transition to a unitary state
    (1998-05-25) Costa, Anthony
    'The way in which white has governed black in South Africa during approximately the past century', formed the focus of Edgar Brookes's History of Native Policy published in 1924.' Over the years, colonialism, segregation and apartheid have served as alternative labels for 'native policy', purported answers to the question 'What is the appropriate manner in which to govern Africans?' Responses to this question, and the particular role of customary law, form the subject of this paper, and its argument that by the end of the nineteenth century, the ground had been laid, in the Cape and Natal, for the recognition of African forms of government, including customary law, a development which may be located in the philosophies of indirect rule and liberalism. Africans were to be governed by 'traditional' structures, while the imperatives of progress were heeded by providing for the development of individuals.
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    Custom and common sense: The Zulu Royal family succession dispute of the 1940s
    (1996-05-06) Costa, Anthony
    In November 1981 the historian Nicholas Cope tracked down Tandayipi Absolom kaSolomon Zulu to a bottle store outside Nongoma, Zululand. Once a contender for the royal throne of the Zulus, Tandayipi was now an alcoholic who spent 'most of his days in the bottle store.' But the ravages of liquor had not completely stripped the memory of those times from Tandayipi's mind. 'I was displaced', the old Zulu recalled of his abortive succession, 'If I was another chap... I had followers... I should have done a great mischief', But the mischief never happened. As Tandayipi admitted, 'I simply put my head down like a worm, till now', Almost forty years later he was still reluctant to talk, and steered the interview onto other topics. The disputed succession to Solomon kaDinuzulu Zulu forms the subject of this paper. It is a story with a fair share of drama, sex and violence. As the Chief Native Commissioner of Natal remarked of the affair, 'The history of the Zulu Royal House is one long story of intrigue'. Yet the fascinating realm of Zulu politics Cbyzantine' was Shula Marks's adjective) is only background to the story told here. The focus, rather, is on the dispute as a window into the creation of a form of customary law ('native law') in Natal, and its application by Native Commissioners and the 'native courts'.