2nd from the Left, Hon. Justice Dr Zeija Flavian
The Principal Judge, Dr. Flavian Zeija, representing the Chief Justice of Uganda, delivered a presentation on the topic: "Reassessing the implementation of ADR in East Africa: How can National and Regional Courts enhance their ADR Practice" at the 3rd East African Court of Justice Judicial Conference at Marriott Hotel in Kigali, Rwanda.
The Conference, running from February 18th to 19th, 2025, is being held under the theme "Justice, Ethics, and Enforcement of Decisions: A Judicial Pathway for Regional Development."
His presentation covered the colonial effects on the African justice system and possible solutions, as well as Article 126 of Uganda's Constitution and its implications. He also discussed milestones in the pursuit of Alternative Dispute Resolution (ADR) in Uganda, resolutions of the Chief Justices’ ADR Summit in Kampala (2024), and their implementation. Additionally, he presented on various forms of ADR in civil and criminal cases in Uganda, plea bargaining as a successful form of ADR, and the challenges in implementing ADR in the country (Uganda).
The PJ highlighted the importance of the EACJ Judicial Conference as an invaluable platform for sharing experiences, ideas, and solutions to improve ADR practice across East Africa and Africa as a whole. He noted that it provides an opportunity for Judiciaries in the EastAfrican Community (EAC) region and stakeholders in the justice, law and order sector to discuss effective ADR implementation and assess progress in their jurisdictions.
Dr. Zeija highlighted the impact of colonial rule on African justice systems, noting that European colonization fundamentally changed the legal, regulatory, and legislative frameworks of African people. He noted that traditional African norms, traditions, customs, and dispute resolution mechanisms were replaced with foreign legal regimes that remained intact even after independence, leading to the realization that the formal justice systems in place are not only foreign but also often incompatible with African values and interests.
He cited the Justice Needs and Satisfaction Report 2024 in Uganda, which revealed that only 10% of the population in Uganda seeks justice through formal courts, an increase from 4%in 2020, but still a very low figure. The PJ noted that the report reveals that the majority prefer informal avenues such as negotiation, family mediation, or Local Council Courts. It also reveals that those who come to formal courts face delays due to complex legal processes, contributing to case backlogs and prolonged pre-trial detentions, which erode public confidence in the Judiciary.
He also highlighted that African customs historically offered effective, people-centered dispute resolution methods that focused on reconciliation and compensation. He noted that these approaches are now widely used in the West, including the United States, whereover 95% of cases are resolved through ADR.
The PJ pointed out that Article 126of the Constitution of Uganda affirms that judicial power is derived from the people and must reflect their values and aspirations. He noted that it calls for justice to be accessible, timely, and reconciliatory.
He further noted that in line with this, the Judiciary of Uganda has been urged to integrate ADR mechanisms such as community mediation and restorative justice, which align with African values by involving victims, offenders, and community members to repair harm rather than simply punish offenders.
Justice Dr. Zeija highlighted that Uganda has made significant progress in promoting ADR including the launching of the Alternative Justice System Strategy (AJS) in 2023 which aims to enhance access to justice, reduce case backlogs, and integrate traditional dispute resolution methods.
He pointed out other key milestones, which include extensive stakeholder consultations at national, regional, and international levels, as well as the National ADR Conference in Kampala (2023),bringing together justice sector actors. Others are the adoption of a National ADR Policy to institutionalize ADR practices and the first-ever Africa Chief Justices ADR Summit in 2024, where 16 Chief Justices gathered to discuss justice reforms.
He also highlighted resolutions from the Chief Justices ADR Summit, which included prioritizing ADR reforms, allocating more resources to ADR, standardizing ADR practices, and conducting enhanced training and capacity building for ADR practitioners, among others.
On the implementation of these resolutions, Dr. Zeija noted that the Africa Chief Justices' ADR Forum (ACJAF)was established, with Uganda’s Chief Justice as its founding chairperson. He highlighted that various ADR mechanisms have been introduced and encouraged in Uganda's justice system. In civil cases, they include Small Claims Procedure, arbitration, and mediation. In criminal matters, they include plea bargaining, sentence bargaining, victim compensation, diversion for juvenile offenders, reconciliation in personal offences, community service for minor offenses, and fines for property-related crimes.
On Plea Bargaining, he noted that it was introduced in Uganda in 2014 and has since been particularly successful in expediting justice, reducing trial costs, and decongesting prisons.
He concluded by urging African judiciaries to embrace ADR as a means of fostering justice, equity, and efficiency. He encouraged collaboration in promoting ADR by the members of the Africa Chief Justices ADR Forum and emphasized the importance of integrating ADR at both national and regional levels.
Posted 18th, February 2025
