68 AFRICAN POLITICAL SYSTEMS
the Ngwaketse, took legal action against the High Commissioner. They claimed that the Proclamations were of no legal force and effect, because in them the High Commissioner inter alia both altered certain Native laws and customs, thus exceeding the powers conferred upon him, and violated treaty rights reserved to their respective tribes. The case was heard in the Special Court in July, 1936. Judgement was reserved and delivered in November. The court found in favour of the High Commissioner, holding that, while the Proclamations undoubtedly altered existing Native law and custom, he had acted within his powers; while on the question of treaty rights a ruling by the Secretary of State, that the power of the Crown in Beehuanaland Protectorate 'is not limited by Treaty or Agreement', was taken as conclusive. The Proclamations have therefore become binding upon the Ngwato, and Tshekedi has now begun to apply them. It is too soon yet to determine in detail how they affect the tribal administration, but some attempt will be made below to indicate their main tendencies.
///. Powers and Authority of the Chief
The general effect of the Proclamations, and of previous
developments, is that although the chief and his councils still
administer the affairs of the tribe, the supreme political and
judicial authority in the Reserve is now the Administration, acting
through the District Commissioner. Nevertheless, the chief, as
head of the tribe, is always treated by his subjects with a good deal
of outward respect. His installation and marriage are occasions of
great public festivity, and his death evokes universal mourning.
His household is usually far larger and more elaborate than those
of ordinary tribesmen. In the olden days he always had many
wives, retainers, and serfs, and even to-day the number of his
direct dependants is very great. He receives various forms of
tribute from his people, imposes levies upon them, and claims free
labour from them for personal as well as tribal purposes. He has
the first choice of land for his home, fields, and cattle-posts; he
and his family formerly took precedence in the tribe in matters
of ritual; and he alone has the right to convene full tribal meetings,
create new regiments, arrange tribal ceremonies, and, in the olden
days, impose the supreme penalties of death and banishment.
Failure to comply with his orders is a penal offence. All other
offences against him are generally punished more severely than if