East African Gazette
Kampala
President Yoweri Museveni emphasized the importance of utilizing Alternative Dispute Resolution (ADR) in the delivery of justice across Africa to expedite the process of obtaining justice for individuals.
He highlighted that ADR has been historically employed by leaders and communities to facilitate arbitration.
The President’s call was contained in his speech which was read by the Vice President Jessica Alupo during the opening of the Africa Chief Justices Forum at Mestil hotel in Kampala on March 5, 2024.
The forum which was held under the theme of “Re-engineering the Administration of Justice on the African Continent” was attended by all African Chief Justices.
President Museveni expressed his gratitude to the Judiciary leadership, the Ministry of Justice and Constitutional Affairs, University of Pepperdine, International Development Law Organization (IDLO), and the Swedish Embassy for coordinating the High-Level Summit.
“The concept of ADR is not new in Africa. It existed in Africa before the coming of the European colonisers. The African jurisprudence and philosophy of law followed the methods of ADR. I am happy that our Judiciaries are re-aligning themselves to their African roots,” he noted.
He emphasized the importance of critically studying the pre-colonial dispute resolution methods, highlighting their positive aspects can be adopted by modern legal systems.
He pointed out that African jurisprudence prioritizes truth-finding, a principle that sets it apart from the British-influenced legal system, that was inherited.
“In the current system, one hires an advocate to cover his or her mistakes in a courtroom. The lawyer’s job is to minimize his client’s mistake and maximize his innocence. He is paid to obscure the truth. All attempts to arrive at the truth are thwarted entirely,” the President added.
He referenced the Banyankole culture of Western Uganda, his place of origin, and highlighting that there was a comprehensive protocol for addressing matters related to marriage.
He continued that in the event that a woman had a disagreement with her husband and chose to return to her parents or brothers (Okwangana), a specific process had to be followed.
He explained that initially, the woman’s relatives would question her about the reasons behind her departure from her husband’s home, and after a while the husband would then “come to okugarura” – to retrieve her.
At this moment, Museveni said the wife’s family would request the man to bring along four or five individuals from his own family.
The two sides would then seat and attentively listen to each other’s perspectives with the objective to uncover the truth.
“In this Banyankole system, even your own side would turn against you, upon discovering that you are the wrong-doer. For instance, if the woman was in the wrong, her own family would turn against her and order her to apologize to her husband,” he noted.
He hinted that the core value was uncovering the truth, not just litigation.
“We learn that the Africans did not tolerate impunity, the guilty party was tasked to compensate for his or her mistake. You would be asked to bring a cow or a goat, if the mistake does not include the shading of blood,” Museveni noted.
“But if it involved murder, it would be kukaraba – that is blood settlement, this helped to eliminate impunity because the price for misbehavior was high,” he said.
He emphasized that African legal principles were dedicated to achieving unity and ensuring the contentment of all individuals.
Additionally, he highlighted the significance of restoring peace and harmony within the African framework, pointing out that Africans perceive conflicts as a chance to fortify societies and relationships, rather than causing divisions.
The organizing committee’s chairman, Deputy Chief Justice Richard Buteera, emphasized that the dispute resolution mechanisms were centered around reconciliation and restitution, with the ultimate goal of fostering harmonious coexistence among communities and their members.
He urged attendees to explore the applicability of traditional dispute resolution methods in addressing contemporary conflicts and encouraged participants to share their experiences and draw valuable lessons from them.
He expressed gratitude to the Judiciary of Uganda and Pepperdine University for jointly organizing the Alternative Justice Systems Summit (AJS) on June 27, 2023.
He noted that the forum provides a platform for training individuals who can effectively advocate for Alternative Dispute Resolution (ADR).
“We are hopeful that once ADR is fully embraced in our respective countries, it will help us realise our common goal of promoting the rule of law and contributing to the social economic development of our societies across Africa,” Buteera said.
He disclosed at the meeting that participants would gain valuable insights into fostering peace in Africa through ADR, integrating Alternative Justice Systems in Africa, and establishing Africa’s presence in the ADR global arena.
Additional topics of focus encompass facilitating Justice access for sustainable growth in Africa, handling Environmental Disputes via ADR, and implementing strategic ADR initiatives for African Judiciaries.
He stated that the forum would assist African judiciaries in delivering justice that is accessible, valued, affordable, and embraced by all individuals ‘we serve’.
Additionally, it aims to impart knowledge on how ADR can aid the Courts and litigants in saving time and expenses while seeking resolutions for disputes.