Chronicle Editor
Pathisa Nyathi
NOT so long ago we did make a claim that pre-colonial African societies did not run prisons where antisocial elements were incarcerated as a measure to keep them within the narrow and straight path. Perhaps there are lessons that modern societies may glean and emulate from these African societies.
The said societies knew what was regarded as anti-social and differentiated what was perceived as evil from what was regarded as good. As a result, the societies were socialised in the same mould.
In other words, we can say the societies had partaken of the tree of knowledge akin to that in the Garden of Eden, which was partaken of by Adam, and Eve who then, after the act, had their consciousness heightened and differentiated the evil from the good.
The societies were group-based and recognised that injury to one, was injury to all. Group interests were paramount.
“We are, so I am,” seems to have guided their perceptions and convictions regarding the concept of justice and its breach. For them what was critical was to create and uphold social arrangements, which sought to restore fractured or restrained inter-personal or inter-group relations following a breach of commonly understood and held principles, values and ethical practices.
Positive group relations were sought in the pursuit of restorative justice. An individual who engaged in anti-social behaviour was brought into the fold to restore the lost social equilibrium. Retributive pursuits and arrangements that characterise other societies were not pursued. Let us now try to unpack some underpinning structural arrangements, beliefs and cultural practices that came into play in a manner that obviated the need to create the punitive or retributive prison institutions.
Africans recognised that no physical prison torments more than one’s imprisoning conscience. All individuals’ consciences were worked in such a manner as to instill fear, revulsion and abhorrence of what society regarded as anti-social. One’s conscience was the more effective punisher than a physical prison.
The conscience was the most effective police force imaginable. The conscience watched over an individual at all times, unlike the state police and other security organs, which could not be available at all times to detect commission of crimes. The conscience keeps individuals within the narrow and straight paths.
Beyond these arrangements, societies were equipped with beliefs that ensured individual members of society stayed clear of evil tendencies and inclinations.
Cases are reported where a thief was found wandering about, unable to locate a crop field where he/she intended to steal some ripened crops such as watermelons.
African spiritual persons knew how to doctor their properties so that would-be thieves stayed clear of the protected properties. This preventive measure ensured an individual was not tempted to violate properties of other people.
Sometimes an individual would venture into a crop field and help himself to the ripened crops. After the act, he would sometimes find it difficult to exit violated territory. The despicable spectacle was out there for all to see and draw lessons. Such were arrangements that served as warning to all and sundry to respect other people’s properties and possessions.
Further, an individual brought, through commission of an antisocial act, shame to all the members of his extended family. Commonly inherited blood set the social boundaries. The one bad apple led to the shameful rotting of the rest.
It was this consideration, expressed in IsiNdebele language as, “zonelwa mvunye,” that obligated kith and kin to exercise control and restraint over members of the same extended family. This measure obviated the need for the establishment of punitive institutions known as prisons.
Africans have for very long been aware of the connecting role played by the genes in one’s blood. The genetical connectedness defined the limits of common punishment, a sufficient justification for all the members sharing the common chromosomes to exercise policing duties over blood relatives.
There was a very strong belief and conviction among Africans that an individual was both the ephemeral material body and the eternal or immortal spirit. Where an individual, for example, murdered someone, the angered spirit sought justice by dealing not with the perpetrator alone but also with other relatives as demarcated by blood. The avenging spirit was mortally feared.
The phenomenon was known as ingwendela or uzimu among the Ndebele. In this case, it was not just the one killer who was tormented but also the blood relatives. It was this fear of dreadful reprisals that family demanded from all its members’ behaviour that would not lead to dire consequences for them all. In fact, it is believed the actual perpetrator would be the last to face the dreadful consequences.
As a result, individuals feared their evil acts leading to the visitations in revenge to their relatives. Sometimes the individual suffered humiliating repercussions when, for example, the stolen beasts were heard lowing in the stomach of a thief.
As previously stated, I am currently working on the principles and practices of ancient African science in order to unpack the underpinning craft and science. As I have stated before, both witches and traditional doctors draw from the same ancient science.
Both witches and traditional doctors were feared on account of the knowledge and skills that they possessed. They inherited these along the safe spiritual channels from their long-departed ancestors. Through application of spirituality, measures were taken to punish, in exemplary ways persons that violated laid down rules regarding what was evil and what was good.
That fear kept would-be offenders from the temptation to invite an imprisoning conscience, an enduring torment and regret that were learning points to all and sundry.
From the narrative rendered so far, it seems Africans applied both preventive and restorative measures, both of which measures precluded the institution of physical prisons. Indeed, prevention is regarded as being better than cure. Sometimes the cure would not be forthcoming, thus implying eternal suffering.
The arrangements put in place encompassed the group that prepared it to play a more effective role than the most effective police force and state security agents in the world and beyond.
However, even in the presence of well-meaning preventive measures, there were instances when temptation got the better of an individual. The result was commission of societally defined crimes as opposed to those that are imposed on a society from outside.
The crime was not against some imaginary state but between the aggressor and the aggrieved. Whatever measures were instituted sought to restore lost social equilibrium between the two individuals or groups.
When errant behaviour was punishable through infliction of madness, it was not just the individual who felt ashamed and embarrassed (in fact, he was beyond shame) but also the group as defined by blood.
Social pressures on an individual were strong and justified. It was for this reason that the members of a wider family were sometimes viewed as overstepping the line and interfering in one’s individual and private matters.
The family members knew well the dire consequences that visit them and their progeny because of crimes committed by one of them. They were thus justified to keep a constant watch over members’ behaviour especially when it came to acts with potential punitive reprisals.
Societal members, in particular the relatives, were an effective police force. Spirituality was an important and mortally feared institution that was used to both prevent and punish offenders.
Through these and other socially-sanctioned measures, the pre-colonial African societies saw no need for the physical prisons. The conscience remains the most effective virtual prison, more effective than Chikurubi and Khami put together.
Online Reporter