Customary law of the Bakwa Luntu The information recorded in the present study refers to the Bena Kalombo, a sub-division of the Bana ba I.usobe, which is the most important tribe and probably also the most typical of this nation. Although of Luba origin and resembling in certain details of their manners the Baluba Bambo they have habits and customs which are peculiar to them and distinguish them from the former. This is also true of their juridical customs. As is the case with most of the surrounding peoples the social system of the Bakwa Luntu is patriarchal. The Mukwa Luntu society is ruled by three basic laws: 1 The birthright; 2 the exogamy ; 3 the law of solidarity. Only a conjugal union contracted after payment of the “luselu” (dowry) by the man has the character of a marriage. The Bakwa Luntu are generally monogamous, but polygamy is allowed and even sought since it denotes the degree of wealth of a man. The wife takes up residence with her husband. Marriage may be dissolved either by the death of husband or wife or by divorce or repudiation. In case of dissolution of the marriage, the dowry will be returned to the husband. The children born of the marriage belong to the clan of their father. An orphan will be sheltered by his paternal or maternal uncles. The land belongs to the clan, i.e. the collectivity of the living and dead, descending from a common ancestor, often eponym. The living have only a right of usufruct on the lands they inhabit and cultivate. Every male is, however, the proprietor of his arms, implements, furniture, products of culture, and generally all movable estate; so also each wife is the proprietor of her household implements. The Bakwa Luntu have also their own penal code to repress infractions of customary law. The offences of common law were few in olden days; principally witchcraft (buloshi) occupied the sessions of their courts.
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