‘winlus courts’: the island courts of vanuatu. vanuatu lingua franca: bislama kastom =...
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‘Winlus Courts’: The Island Courts of Vanuatu
Vanuatu lingua franca: Bislama Kastom = ‘custom’, conceptually flexible, but implying tradition:
oppositional to ‘whitemen’s ways’ (including the introduced legal system)
Winlus = (adjectival use) one party wins, the other loses Winwin = (adj) both parties ‘win’ Nakamal = a meeting place where a chief presides: site for
formally addressing village problems, disputes, etc.
Overview of the legal jurisdiction of Island Courts as represented in warrants of establishment[Compiled from sighted warrants establishing Efate, Tanna, Malekula Island Courts 1984, Banks/Torres, West Ambae 1994.] Criminal Jurisdiction: Penal Code and Offences against joint regulations (ex British/ French rule)Insult to religionDisturbing a religious assemblyAdulteryGross indecencyAssaultUnintentionally causing bodily harmAbusive and threatening languageUnlawful use of another person’s property Theft Malicious damage to property Receiving stolen propertyMaltreatment of animalsTrespassBeing idle and disorderlyWitchcraftOffences against Arms and ammunition regulationsOffences against Cattle trespass regulationsOffences against Family Maintenance & Child Maintenance regulationsOffences against Liquor Licensing regulationsOffences against Traffic regulations, Taxi regulations Civil JurisdictionLand ownership disputesClaims in tort and contract (to a value to VT50,000) Claims under Regional/Provincial lawsClaims for child maintenance [NB: Customary Law, custom, kastom are not mentioned in warrants.]
