The conception and application of justice in S.E.K. Mqhayi’s Ityala Lamawele

Résumé

There are many ways in which the Xhosa traditional manner of litigation is similar to the western way. There are also ways in which it is different. This article sets out to demonstrate those similarities and differences. In all this the common factor is that both the traditional Xhosa court and the western court as we know it strive to find the truth and to make the judgement as objective as possible. It is evident that Mqhayi was inspired by a biblical text, Genesis 38:27–30 to write a story where the Xhosa custom of finger cutting creates a legal complication. This paper also sets out to illustrate the wisdom of the Xhosa people in their interpretation of the law. The whole story in Mqhayi’s novel is about this court trial and it functions as a brilliant exposition of the Xhosa legal system.