Friday, July 1, 2011

Excerpts Traditional African Constitution

Here are excerpts from the traditional African
Constitution as summarized by Chancellor Williams,
"The Destruction of Black Civilization", pp 170-175:

SOME POLITICAL THEORIES AND PRINCIPLES OF ANCIENT AFRICAN CONSTITUTION LAW
AND THE FUNDAMENTAL RIGHTS OF THE AFRICAN PEOPLE

(Drawn from African Traditional Constitutional and Customary Laws.
Different versions and modifications of the same laws occurred in
different societies)

I. THe People are the first and final source of all power.

II. ... the Will of the People is the supreme law...Chiefs
and Kings are under the law, not above it.

III. Kings, Chiefs and Elders are leaders, not rulers. THey
are the elected representatives of the people...

V. The family is recognized as the primary social, judicial,
economic, and political unity in the society...

VI. The Elder of each Extended Family or Clan is its chosen
representative on the Council.

VII. Decisions in council are made by the Elders. THe Chief
or King must remain silent. (This is an example of a
provision that had wide variations.) [SFT note: Cf.
Shaka and the Zulus, perhaps]

VIII. The land belongs to no one. It is God's gift to
mankind for use and as a sacred heritage....

IX. Each family ... has a right to land, free of charge,
sufficient in acreage for its economic well-being...
the Chief is the Custodian of all land, the principal
duty being to assure fair distribution and actual use.

X. All moneys, gifts, taxes and other forms of donations to
Chief or King still belong to the people for relief or
aid to individuals in times of need...

XI. Every member of the state has the right of appeal from a
lower to a higher court. (In some states appeal could be
taken even from the King's court to the "Mother of the
Nation".)....

XIV. The trouble of one is the trouble of all. No one may
go in want while others have anything to give. All are
brothers and sisters...

XVII. The community as a whole is conceived of as One Party,
opposition being conducted by various factions... debates
may go on indefinitely until a consensus is reached...
those whose opposition is so serious that they are
unwilling to accept the new law may "splinter off" either
individually or in groups... to form a new state or the
nucleus for it.

XXI. The supreme command of the fighting forces is under the
Council, not the King. If the King becomes the Commander-in
-Chief, it is through election by the Council because
of his qualifications as a general... There were no
standing armies."

No comments:

Post a Comment