A comperative study of justice dispensation in Oyo and Zulu traditional administrative structures.
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Date
2018
Authors
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Publisher
Univeristy of Zululand
Abstract
The study compared justice dispensation in Oyo and Zulu traditional administrative
structures. The specific objectives of the study were to explain, the purpose of customary
courts in dispute resolution, the courts processes, litigation procedures, the impact of
foreign contact on traditional and judicial administration, justice dispensation, separation
of power were all examined. The study investigate the justice dispensation in customary
courts among Oyo people of western Nigeria and Zulu people of KwaZulu-Natal, South
Africa.The study adopted the pragmatist research paradigm which combines both
qualitative and quantitative research methods, the study largely used a survey design
approach, the sample of the study was drawn the chiefs, palace officials, professional
historians, and knowledgeable people on the research topic. The chiefs were interviewed
because they were actively involved in justice dispensation in customary courts. Because
of their experience over years in peace keeping and conflict settlement among the people
of Africa. The random sampling technique was used to select the respondents for the
study. The questionnaire was administered to the 120 respondents, 85 (70.83%) of whom
returned the questionnaire, interviewed were also conducted with the chiefs in Oyo and
Zulu. The quantitative aspect of the study was analysed using descriptive simple
percentage methods, while the qualitative aspect of the data was analysed through the use
of qualitative contents analysis.The findings revealed that the social demographic
variables such as age, years, experience are were all important in justice dispensation in
customary courts. The findings also revealed that there were due processes in customary
courts administration before hearing will take place, chiefs are at liberty not only to cross-
examine witnesses but also to ensure that the parties are fairly treated. The customary
courts provided cheap, informal, flexible and speedy access to justice. The study now
conclude that procedural and evidentiary approaches is to promote reconciliation and
finding a mutually and acceptable solution to the dispute in our societies.
Key words: Customary courts, Procedures, Justice Dispensation, Traditional chiefs,
Plaintiff,
Description
A thesis submitted to the Faculty of Arts in fulfilment of the requirements for the Doctor of Philosophy in the Department of History at the University of Zululand, South Africa, 2018.
Keywords
Justice dispensation, Customary court, Traditional chiefs