The introduction of the colonial justice system in Africa displaced traditional laws and customs that had long delivered justice within communities. Over time, the formal justice system has faced challenges, including delays in handling cases and high costs, prompting renewed calls to integrate traditional and informal justice mechanisms to improve access to justice.
In Greater Bushenyi, the Foundation for Human Rights Initiative (FHRI), working with judicial actors such as police, prisons, courts, and local communities, has since 2022 implemented a Deepening Access to Justice programme that demonstrates how both systems can complement each other in justice delivery. Greater Bushenyi comprises the districts of Sheema, Rubirizi, Buhweju, Mitooma, and Bushenyi. The Resident Judge of the Bushenyi High Court Circuit, Mr Amos Kwizera, said collaboration and innovation are essential for timely access to justice.
‘We need innovative approaches to ensure the fundamental right of access to justice is upheld. This right is often violated at the stages of arrest, detention, court proceedings, and imprisonment, where conditions can be pathetic. Working with other stakeholders enables timely and speedy justice,’ Mr Kwizera said. He added that the Judiciary’s challenges partly stem from limited use of alternative interventions such as working closely with Local Councils (LCs), cultural institutions, and religious leaders to resolve disputes outside the formal legal system. Through collaboration initiated by FHRI, Mr Kwizera said there has been increased legal assistance to suspects at police stations, courts, pre-trial detainees in prisons, and greater use of alternative dispute resolution mechanisms. ‘Two years ago, we inherited a backlog of about 1,000 cases.
Today, we conclude between 700 and 850 cases annually due to innovative strategies such as plea bargaining and diverting simple cases to village courts,’ he said. However, he expressed concern over minor cases being unnecessarily taken to court.
‘Someone steals two cobs of maize, is arrested, the file is sanctioned by the DPP, and the suspect is taken to court. What is the cost of those two cobs compared to the cost incurred by the State?’ he asked. He emphasised the need to sensitise the public and involve LCs, elders, cultural, and religious leaders to resolve reconcilable cases, especially family-related matters, to prevent clogging the courts. The Sheema District Chairperson, Ms Jemimah Buhanda, acknowledged that collaboration between local leaders and justice sector players has significantly reduced case backlog. Bushenyi District Police Commander, Mr Felix Mugizi, said despite logistical challenges in community sensitisation, the collaboration has improved access to justice.
‘We now refer simple cases to LCs and community leaders, saving time and resources. It has also strengthened community policing and reduced crime,’ he said. The Buhweju District Chairperson, Mr Deo Atuhaire, said informal justice mechanisms are faster and cheaper than the formal system. ‘Resolving minor cases at community level helps maintain peace and unity, especially in matters like trespass and assault that could otherwise escalate,’ he said. A resident of Nyakabirzi in Bushenyi-Ishaka Municipality, Mr Aggrey Besigye, said informal justice promotes fairness for the poor.
The FHRI Executive Director, Dr Livingstone Sewanyana, said the Deepening Access to Justice programme is built on three pillars: prevention, legal assistance, and advocacy. Under prevention, local leaders are trained to strengthen LC courts and promote case diversion to reduce the inflow of cases into formal courts. Participants are also trained in alternative dispute resolution and record-keeping. Dr Sewanyana added that under legal assistance, FHRI has facilitated plea bargain sessions, contributing to reduced case backlog and shorter remand periods. The organisation also promotes mediation and reconciliation in collaboration with police, prisons, and courts.