Land Tenure among the Amhara of Ethiopia by Allan Hoben (1973)

Page 226

Changing Patterns of Land Tenure

which he received a sn1all part of the tax 111011ey back fro1n the government, but he 11 0 lo11ger had t�1e JJOwer he l1ad ! or1nerly }1eld as assessor a11d collector. Dur111g the same period, reli­ gious i11stitutions wl1ich l1eld gwilt lost 1n?s� of �l1eir former auto11omy with regard to the secular adm1n1strat1on of those who lived on their la11ds. The sig11ificance of the gwilt-holder \\1as f11rther din1i11ished by Procla111ation of 90 of 1947 whicl1 establisl1ed a system of local jt1dges, or a(bz),a dannas, througho11t Ethiopia. Under Procla1natio11 90 the j11d.icial }Jowers traditionally e11joyed by tl1e gwilt-holder, subject to a fi11.a11 cial li1nitatio11 of Etl1. $25 i11 civil cases and Eth. $15 in crimi11al cases, were placed u11 der the j11risdiction of the 11ewly created office of c1fb1ya claiifia. Ii1 11eigl1 borl1oods \vhich were not ct1rrently rist-g,vilt or \\1l1icl1 were u11der the control of a 111011.astery or a local IJarish cl1t1rcl1, the elders were to elect a candidate for ap­ pointrnent to tl1e new office. Tl1e ft1ll i.111pact of the change was 11 ot im111ediately evide11t since, accordi11g to Article 7 of Procla111ation. 90, the l1 olders of rist-gwilt were auto1nati­ cally appointed as a{b"iya daiinas. The gwilt gez of Dega Dan1ot were thus apparent! )' regranted 1nuch of tl1e judicial authority tl1at tl1ey had helcl all alo11g. In fact, by creating a legal se1Jaration between gwilt a11d the jt1dicial powers for1nerly associated with it, Procla111 ation 90 obviates tl1e 11e­ cessity of appointing a 11ew gwilt gez whe11, after tl1e deatl1 of a gwilt-holder, a dispute arises concer11i11g successio11 to his position. An increasing nu1nber of neighborl1oods wl1ich for­ merly were ruled by a gwilt gez are today u11 der the jL1ris­ diction of a local elder wl10 is afbzya clai1iia bt1t 11ot gl-vilt gez. Despite tl1e eros.io11 of their for11 1er powers, the gwilt gez of Dega Damot still, as has been 11oted, e11.joy a marked d�­ gree of power and prestige wit11i11 their 11eigl1 borl1oods. It 1s clear, however, that it .is the i11 tentio11 of tl1e gover11111 ent to abolish their positio11 altogether as soon as is practical. 111 fact, Proclan1ation 230 of 1966, v,1hicl1 strips g\vilt-}1olders !hroughout the country of all taxational r.igh.ts, is ge11erally 1e extl for nterpreted as having at1tl1ority re1noved the legal � . 1stence of gw1lt as a tyJJe of la11 d tenure. The provision of _ Proclan1.ation 230 which wotild 110 longer per1nit rebates of 208


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