Traditional justice systems are prevalent throughout Africa and serve as the primary means of resolving disputes in accordance with the principles and customs of traditional societies, according to the UN.
Ugandan President Yoweri Museveni has commended the African chief justices for their efforts to return to resolving conflicts in accordance with African traditions and customs, the local media reported on Thursday.
The president argued that the African way of resolving disputes, which involves mediation and reconciliation, promotes truth-telling, unlike the existing formal legal system, that can suppress the truth by hiring a lawyer who is paid to “obscure the truth.”
“I am happy that our judiciaries are realigning themselves with their African roots. The pre-colonial methods of handling disputes must be studied, and they have some positive elements in them that the present legal system must emulate. One of the core principles of African jurisprudence was truth finding, this differs from the current legal system, which we inherited from the British,” Museveni was quoted as saying.
“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 mistakes and maximize his innocence. He is paid to obscure the truth after all attempts to arrive at the truth.”
The President made this statement during the opening of the Africa Chief Justices Summit on Alternative Dispute Resolution (ADR) in the country’s capital, Kampala, which attracted over 15 chief justices from throughout Africa.
Moreover, Museveni vowed to assist Uganda’s Judiciary in adopting ADR.
“Government will support the Judiciary to expand the use of alternative dispute resolution. This will help to rejuvenate the traditional systems of dispute resolution,” he said, as cited by the media.
Uganda’s Chief Justice Alfonse Owiny-Dollo echoed the president, urging his fellow judges to promote the adoption of the African approach to resolving conflicts, emphasizing its efficiency and cost-effectiveness, the report said.
According to Dollo, research conducted by Ernest Uwazie, a professor and department chair of criminal justice at California State University, has shown that a significant number of African individuals no longer trust their countries’ courts to deliver prompt and fair resolutions to their complaints.
“The primary object of the ADR movement is avoidance of vexation, expense, and delay and promotion of the ideal of ‘access to justice’ for all. The ADR system seeks to provide cheap, simple, quick, and accessible justice.
So, precisely saying, ADR aims at providing justice that not only resolves disputes but also harmonizes the relationships of the parties,” Justice Dollo reportedly said.
He added that indigenous customs offer highly effective, people-centered techniques to conflict resolution that generally satisfy the community members, and this is what the nation overlooked when it sidelined African methods of dispute resolution in favor of the formal court system, according to the media.
The UN pointed out in its research that traditional justice systems are widespread in Africa and play a central role in dispute resolution. They are also characterized by their unique methods and ideologies.
The paper also listed insufficient resources, unfamiliarity with and skepticism about procedural and substantive law, and philosophical differences with the methodology and approach of the formal courts as the most common reasons for resolving conflicts outside the formal legal system.
Traditional courts also differ from formal courts in their use of local leaders, informal processes, community involvement, and emphasis on reconciliation and reparation.
Unlike formal courts, which use adversarial, complicated, and lengthy procedures, traditional courts prioritize dispute resolution in accordance with the values and practices of traditional communities, rather than imposing outcomes such as imprisonment or significant financial compensation that may be perceived as inappropriate. Sputnik.
