SYMPOSIUM ON THE FUTURE OF CUSTOMARY LAW IN AFRICA
| Published date | 01 October 1955 |
| Date | 01 October 1955 |
| DOI | http://doi.org/10.1002/j.1099-162X.1955.tb00114.x |
LOCAL
GOVERNMENT
I.N
BRITISH
GUIANA
197
the
rest-a
conclusion
that
would not be invalidated, even should
the
central
government
have
upon occasion to
step
in to exercise default powers.
The
disadvantages of an isolated instance or two of this
kind
would be outweighed
many
times over by
the
general increase in sense of responsibility,
and
removal
of
the
administrative frictions inherent in
the
present machinery, however
carefully it
may
be operated."
The
method is
that
first
the
greatest care should be taken to obtain agreement
on
the
nature
and
purpose of local government
and
then, on
the
assumption
that
the agreement is on
the
lines mentioned above,
that
it should be enshrined
in an ordinance of
the
sort described, binding upon
the
government,
the
local
authorities
and
the
people alike.
The
ordinance will be
both
the
motive power whenever people are too
busy
to ask themselves,
why?;
and
the
regulator, whenever people impressed by
some administrative urgency are too impatient to ask themselves,
how?
This view of
the
purpose of a local government ordinance will of course
not
be accepted by those who
take
the
line
that
legislation can only mirror
the
prevailing fashion
and
cannot of itself be creative.
Yet
such critics might
pause to consider how much creative work in local government is
at
present
being done in Africa because of
the
existence of such modern ordinances, work
which without
them
might not be done
at
all, or, if done, might lack a sense of
direction. In
the
preface to his report Dr. Marshall remarks upon
the
amount
of energy
and
effort
that
seems to be expended in negative processes in British
Guiana. He accounts for this, first, by a tendency to strain after
unattainable
ideals
and
to reject practicable compromises: and, second, by over-anxiety
to ensure
that
every objection is disposed of
and
every minority interest
meticulously considered before a
step
forward is taken.
"Thus
difficulties
are
apt
to be over-emphasized
and
elaborated;
one problem is allowed to
bedevil
another;
and
criticism is placated
at
the
expense of progress."
What
Dr. Marshall says to British Guiana is in effect, " make up
your
mind
what
local government is all about.
Put
it in a new ordinance
and
then
stop
worrying.
Let
the
ordinance
take
charge." C. A. G. W.
SYMPOSIUM ON
THE
FUTURE
OF CUSTOMARY LAW
IN AFRICA
Amsterdam, 1955
Readers
will recall
that
the
editorial
notes
of
the
July
issue of
this
J
ournal
drew
attention
to a "
symposium"
on
the
future
of
customary
law
in Africa.
This
was
held
in
Amsterdam
under
the
auspices
of
the
Afrika
Instituut
and
the
Royal
Institute
of
the
Tropics.
We
are
now
able
to
reproduce
the
definite
text
of
the
resolutions
of
the
symposium.
This
will
undoubtedly
be of
considerable
interest
to all
those
who
are
concerned
with
the
administration
of
customary
law.
The
text
is
reprinted
with
the
permission
of Dr.
Idenburg
who
was
Chairman
of
the
meeting.
TEXT
OF
THE
RESOLUTIONS
1.
The
proper field of customary law should normally be regarded as
restricted to family relations, succession
and
immovable property (in so far
as such property continues in fact to be held under customary forms of tenure).
Outside
the
province so defined, while it is recognised
that
in
many
areas
there will continue to be a need for
the
application of customary law, such
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