The 1874 Trial of Langalibalele of the Amahlubi

Authors

DOI:

https://doi.org/10.17159/1727-3781/2023/v26i0a16086

Keywords:

Trial of Langalibalele, Hlubi, Putini, Natal Colony, British Imperialism

Abstract

This article aims to discuss the actions leading up to the trial, and the 1874 Langalibalele trial itself, by including both the perspectives of Langalibalele and the colonial government. It sets out how the acquisition of guns from the diamond fields by the flourishing and largely independent Hlubi, their Chief Langalibalele's failure to adhere to a meeting request with colonial government officials, and the killing of three British soldiers outside the colony by fleeing Hlubi created the opportunity for nervous colonists and punitive leaders in a struggling colony to escalate the unfortunate events into the slaughter of hundreds of Africans and the destruction of their property without any negative personal consequences. The results for the colonists were overwhelmingly positive: access to more land, the availability of cheap labour and improved security.

Although the colonial government had the support of the colonists, questions were raised in England about the excessive bloodshed of the Hlubi and Putini tribes. After the capture of Langalibalele, his trial was an opportunity for the justification of the colonists’ actions. The authorities resorted to deceitful methods and a sham and unlawful trial to ensure the intended outcome, that Langalibalele was found guilty.

The article highlights the problems with the trial itself. These include that the LieutenantGovernor had no power to establish an African court and that the choice of law was inappropriate and contrary to applicable legislation. The law and procedure applied during the trial did not adhere to any specific legal system but was a convenient amalgamation of African and Natal law. Most of the members of the bench were not independent, were clearly prejudiced and were hostile towards the accused. The charges were not in accordance with the chosen law, they were unclear, and the accused's plea explanation was erroneously interpreted as a plea of guilty. He was found guilty before any evidence was led. He had no legal representation, no right to cross-examine witnesses and no right to call his own witnesses. The evidence did not support the crimes he was accused of committing and the punishment imposed was unlawful and exceeded the powers of the court. The appeal process was fraught with intimidation and those hearing the appeal were involved in the original trial.

Even after this travesty of justice had been exposed in England and discussed in Parliament, justice was not done for those who suffered the most (Langalibalele, the Hlubi and the Putini). Although Langalibalele was allowed to leave Robben Island, he was not
restored as chief, the Hlubi's land and property were not restored, and the Putini did not receive their full compensation. There were some negative personal and career consequences for the unfortunate scapegoat (Pine), but also for the whistle-blower (Colenso) and the individual who unsuccessfully fought for reparations for the Putini reparations (Dunsford). The main conspirators, however, were rewarded with career advances and imperial awards (the Shepstone brothers).

This saga emphasises how "gun control formed a large part of an emerging struggle over land and citizenship" and the underhand methods and exceptional power the British used to cement imperial rule. The discovery of diamonds inland increased the economic
potential and political importance of the colony, resulting in better security and a more structured, but less autonomous regulatory system for Africans, their chiefs, customs and laws.

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Author Biography

  • Marita Carnelley, Faculty of Law at the North-West University

    Professor of Law, North-West University, South Africa.

References

Bibliography

Literature

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Legislation

Imperial Act 11 and 12 Victoria c 12 (Treason Felony Act, 1848)

Imperial Act 32 and 33 Victoria c 10 (Colonial Prisoners' Removal Act, 1869)

Imperial Act 26 and 27 Victoria c 35 (South African Offences Act, 1863)

Law 3 of 1868 (Natal) To Assimilate the Law of this Colony to the Law of the United Kingdom in Relation to Treasonable Offences

Law 5 of 1859 (Natal) For Preventing the Sale of Gunpowder and Firearms to and Prohibiting the Possession of the Same by Natives

Law 14 of 1864 (Natal) To Repeal the Thirty-seventh Section of the Ordinance·18 of 1845 and to Make other Provisions in Lieu Thereof

Law 16 of 1861 (Natal) For Improving the Administration of Criminal Justice

Law 17 of 1959 (Natal) To Regulate the Law of Evidence in the Colony of Natal

Law 18 of 1874 (Natal) For the Assignment of Convicts

Law 28 of 1865 (Natal) For Relieving Certain Persons from the Operation of Native Law

Letters Patent (Charter of Natal), 15 July 1856

Natal Constitutional Amendment Act, 1875

Natal Criminals Act 3 of 1874 (Cape)

Native Administration Law 26 of 1875 (Natal)

Ordinance 3 of 1849 (Natal) For Appointing the Lieutenant-Governor the Paramount Chief of the Natives in this Colony

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Ordinance 18 of 1845 For Regulating the Manner of Proceedings in Criminal Cases in the District of Natal

Government publications

GN 116 and 117 of 15 April 1874

Proc 38 of 14 June 1875

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Published

23-11-2023

Issue

Section

Special Edition: Legal History

How to Cite

Carnelley, M. (2023). The 1874 Trial of Langalibalele of the Amahlubi. Potchefstroom Electronic Law Journal, 26, (Published on 23 November 2023) pp 1 - 42. https://doi.org/10.17159/1727-3781/2023/v26i0a16086

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