The 1874 Trial of Langalibalele of the Amahlubi
DOI:
https://doi.org/10.17159/1727-3781/2023/v26i0a16086Keywords:
Trial of Langalibalele, Hlubi, Putini, Natal Colony, British ImperialismAbstract
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.
Downloads
References
Bibliography
Literature
Bergtheil J "Remarks on Tribal Titles, Kafir Law, and Emigration Movements in Natal" 1875 Journal of the Society of Arts 470-483
Bourquin S 1985 "Col A W Durnford" Military History Journal 1-22
Carton B, Laband J and Sithole J Zulu Identities. Being Zulu, Past and Present (University of KwaZulu-Natal Press Durban 2009)
Colenso JW Langalibalele and the Amahlubi Tribe being Remarks upon the Official Record of the Trials of the Chief, his Sons and Induna, and Other Members of the Amahlubi Tribe (Spottiswood London 1874)
Colenso G "The Colenso Papers: Documenting 'an Extensive Chain of Influence' from Zululand to Britain" 2011 African Research and Documentation 2-23
Commission on Traditional Leadership Disputes and Claims Report on the Determinations of the Position of the Paramount Chiefs (Commission on Traditional Leadership Disputes and Claims Pretoria 2010)
Cox GW The Life of John Williams Colenso, Bishop of Natal. Volume I and II (Ridgway London 1888)
Dodds DA A Cradle of Rivers. The Natal Drakensberg (Purnell Cape Town 1975)
Dominy G "Thomas Baines and the Langalibalele Rebellion: A Critique of an Unrecorded Sketch of Action at the 'Bushman's Pass'" 1991 Natal Museum Journal of Humanities 41-55
Draper JA Eye of the Storm: Bishop John William Colenso and the Crisis of Biblical Inspiration (T&T Clark International London 2003)
Fox Bourne HR Blacks and Whites in South Africa (King and Son Westminister 1910)
Guest B Langalibalele: The Crisis in Natal, 1873-1875 (University of Natal Press Durban 1976)
Guy J Heretic: A Study of the Life of John William Colenso 1814-1883 (University of Natal Press Pietermaritzburg 1983)
Herd N The Bent Pine: The Trial of Chief Langalibalele (Ravan Press Johannesburg 1976)
Keith and Co "Introduction to the Proceedings of the Court on Enquiry into Certain Charges Preferred against Langalibalele, Late Chief of the amaHlubi Tribe" in The Kafir Revolt in Natal in the Year 1873: Being an Account of the Revolt of the Amahlubi Tribe under the Chief Langalibalele and the Measures Taken to Vindicate the Authority of the Government: Together with the Official Record of the Trial of the Chief and Some of his Sons and Indunas (Keith & Co Government Printers Pietermaritzburg 1874)
Keith and Co "Minutes of the Proceedings of the Court on Enquiry into Certain Charges Preferred against Langalibalele, Late Chief of the amaHlubi Tribe" in The Kafir Revolt in Natal in the Year 1873: Being an Account of the Revolt of the Amahlubi Tribe under the Chief Langalibalele and the Measures Taken to Vindicate the Authority of the Government: Together with the Official Record of the Trial of the Chief and Some of his Sons and Indunas (Keith & Co Government Printers Pietermaritzburg 1874)
Knox BA "The British Government and the Governor Eyre Controversy, 1865-1875" 1976 The Historical Journal 877-900
Lambert J "Chiefship in Early Colonial Natal, 1843-1879" 1995 Journal of Southern African Studies 269-285
Lobban M Imperial Incarceration. Detention without Trial in the Making of British Colonial Africa (Cambridge University Press Cambridge 2021)
McClendon TV White Chief, Black Lords: Shepstone and the Colonial State in Natal, South Africa 1845-1878 (University of Rochester Press New York 2010)
Meredith M Diamonds, Gold and War. The Making of South Africa (Jonathan Ball Johannesburg 2007)
Mokoena H "Zuluness on Trial: Re-reading John W Colenso's 1874 Langalibalele and the Amahlubi Tribe: Being Remarks upon the Official Record" 2019 Journal of African History 67-85
Morris DR The Washing of the Spears. A History of the Rise of the Zulu Nation under Shaka and its Fall in the Zulu War of 1879 (Jonathan Cape London 1965)
Pearse RO Barrier of Spears. Drama of the Drakensberg (Howard Timmins Cape Town 1973)
Preston A (ed) The South African Diaries of Sir Garnet Wolseley 1875 (AA Balkema Cape Town 1971)
Slater H "The Natal Land and Colonisation Company 1860-1948" 1974 Seminar Papers. Institute of Commonwealth Studies 41-52
Stephen JF A Digest of the Criminal Law (William Clowes London 1877)
Storey WK Guns, Race, and Power in Colonial South Africa (Cambridge University Press Cambridge 2008)
Trollope A South Africa. Volume I (Alan Sutton Gloucester 1987)
Turrell R "The 1875 Black Flag Revolt on the Kimberley Diamond Fields" 1981 Journal of Southern African Studies 194-235
UK Parliament Hansard House of Commons "Natal – Langalibalele – Action of the Cape Colony – Question" Vol 223: debated on 20 April 1875
UK Parliament Hansard House of Commons "Resolution, Adjourned Debate" Vol 245: debated on 31 March 1879
UK Parliament Hansard House of Commons "South Africa – Natal – Promised Liberation of Langalibalele" Vol 263: debated on 18 July 1881
UK Parliament Hansard House of Commons "South Africa– Langalibalele" Vol 279: debated on 7 May 1883
UK Parliament Hansard House of Commons "South Africa – Natal – Restoration of Langalibalele" Vol 283: debated on 13 August 1883
UK Parliament Hansard House of Commons "South Africa (Natal) – The Chief Langalibalele" Vol 312: debated on 11 March 1887
UK Parliament Hansard House of Commons "South Africa (Natal) – The Chief Langalibalele" Vol 318: debated on 8 August 1887
UK Parliament Hansard House of Lords "Motion for an Address" Vol 223: debated on 12 April 1875
Wessels JW History of the Roman-Dutch Law (African Book Company Grahamstown 1908)
Wright J and Manson A The Hlubi Chiefdom in Zululand-Natal. A History (Tugela Press Ladysmith 1983)
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
Ordinance 12 of 1845 (Natal) For Establishing the Roman-Dutch Law in and for the District of Natal
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
Internet sources
Anonymous Date unknown The Order of St Michael and St George https://www.royal.uk/order-st-michael-and-st-george accessed 2 May 2023
Anonymous Date unknown Orders and Medals https://honours.
cabinetoffice.gov.uk/about/orders-and-medals accessed 2 May 2023
Luscombe S 1997 British Empire Antigua Administrators www.britishempire.co.uk/maproom/antigua/antiguaadministrators.htm accessed 2 May 2023
Luscombe S 1997 British Empire Gold Coast Administrators https://www.britishempire.co.uk/maproom/goldcoast/goldcoastadmin.htm accessed 2 May 2023
Luscombe S 1997 British Empire Leeward Islands Administrators www.britishempire.co.uk/maproom/leewardislands/leewardislandsadmin.htm accessed 2 May 2023
Luscombe S 1997 British Empire Natal Administrators www.britishempire.co.uk/maproom/natal/nataladmin.htm accessed 2 May 2023
Published
Issue
Section
License
Copyright (c) 2023 Marita Carnelley
This work is licensed under a Creative Commons Attribution 4.0 International License.