African Chief Justices have renewed calls for the expansion of Alternative Dispute Resolution (ADR) mechanisms across the continent, arguing that traditional court systems alone can no longer cope with rising litigation and growing case backlogs.
The call was made on Monday during a briefing following the successful transition of leadership of the African Council of Judicial Alternative Dispute Resolution Fora (ACJADRF) from Uganda to Zambia.
The event brought together Chief Justice Flavian Zeija, Chief Justice Emeritus Alfonse Owiny-Dollo, Zambia’s Chief Justice Dr Mumba Malila and Deputy Chief Justice Moses Kawumi Kazibwe.
Speaking shortly after assuming the chairmanship of the continental forum, Justice Malila said African judiciaries must embrace ADR as a critical tool for improving access to justice and reducing delays in the courts.
“Our systems of justice are characterised by delays in the disposal of cases,” Justice Malila said.
He attributed the growing pressure on courts to population growth and increasing disputes, noting that judicial institutions have not expanded at the same pace.
“The levels of litigation have increased due to population growth and dispute levels have increased. The judiciaries have not expanded. Although more judges have been appointed as a way of unclogging the courts, we have to integrate Alternative Dispute Resolution,” he said.
According to the Zambian Chief Justice, ADR offers a more satisfactory outcome for litigants because it focuses on resolving disputes rather than merely determining winners and losers.
“In a formal dispute settlement, the courts will determine but not necessarily resolve a dispute. The role of the courts is to consider who is right and who is wrong, but ADR targets the satisfaction of parties. That is how relationships are preserved,” he explained.
Justice Malila said many African constitutions already encourage the use of ADR and that the forum’s work aligns with that constitutional obligation.
“The purpose is not to pass a vote of no confidence in the courts. Rather, it is to enhance the capacity of our justice systems through ADR,” he added.
Outgoing ACJADRF chairperson and former Chief Justice Alfonse Owiny-Dollo described ADR as an African practice that predates modern court systems.
“ADR is a mechanism and a practice that has always been with us in Africa. The concept is to panel-beat the informal justice system and make it more effective. It has brought relative peace to our communities,” he said.
Justice Owiny-Dollo cited a land dispute that had remained in court for 21 years without a hearing.
“It had taken 21 years and the hearing was not about to begin. I engaged the lawyers and mediated the matter. Within a few months, it was resolved,” he said.
He dismissed concerns among some lawyers that ADR threatens legal practice.
“We have tried to explain to lawyers that ADR is not anti-legal. It actually enhances legal practice because when matters leave the system, lawyers get time to focus on other cases,” he said.
Chief Justice Zeija pledged Uganda’s continued support for the forum and confirmed that Uganda will retain the ACJADRF secretariat.
“I pledge that we shall continue supporting the forum and expand the space occupied by the secretariat in the near future,” Justice Zeija said.
Justice Malila also acknowledged resistance from some members of the legal profession but said public sensitisation and engagement with lawyers would be key to expanding ADR across Africa.
“We have no choice but to make this forum succeed,” he said.