Changing the Law

Abstract

So successful a challenge to Sotho custom in such a short period of time gives rise to the suspicion that the magistrates were perhaps not enforcing those aspects of the regulations most unpopular with either the chiefs or people. But sufficient records survive to show that this was not the case. As mentioned above,¹ chiefs were tried in court, and on the even more sensitive question of land allocation, Griffith acted firmly despite periodic protests and attempts at obstruction from the chiefs. He did not claim the exclusive right to allocate land, but insisted on ultimate control. As he explained to a complaining Letsie,

the Government has never interfered with any old kraals and in the allotment of land the Chiefs are expected to consult the Government first; and the Government reserves its right to interfere where a Chief is acting unjustly to the people, or trying to cause disputes between people, as is often the case.²