Deputy CJ roots for traditional means of resolving disputes

The Deputy Chief Justice Richard Buteera has called on Ugandans to opt for traditional means of resolving disputes such as mediation to reduce case backlog in courts of law.

Justice Buteera was on July 1 officiating at the commencement of a special court of appeal session at Kabale high court where a total of 25-cases will be  handled by Justice Irene Mulyagonja, Christopher Gashirabake and Justice Eva Luswata in three days.

“We shall not succeed in finishing all these cases in time unless we rethink on how to handle them. Our view is that we better change the method of handling these cases and go to alternatives of dispute resolution mechanisms. Use of mediation, use of religious leaders, customary leaders, and local leaders assisting people to resolve their own cases or other ways of handling cases without going for full trials in courts of law. In the United States handles about 95 percent of their criminal cases through pre-bargaining,” Justice Buteera said adding that use of traditional means of resolving disputes is better than waiting for full trials as it saves government resources.

He revealed government plans of increasing the number of court of appeal from 15 to 35, having a chief magistrate in every district and grade one magistrate at every county besides the establishment of regional courts of appeal in Mbarara and Gulu for the delivery of timely justice.

The Kabale Resident District Commissioner, Mr Godfrey Nyakahuma emphasized the need for operationalizing lower courts at county level for easy access to justice because rampant land conflicts and domestic violence have resulted in murder cases.

“While we are appreciating the government plans of establishing lower courts at county level, this should be implemented early enough because unsolved land conflicts and domestic violence have resulted in murder cases thus fueling conflicts among Ugandans,”Mr Nyakahuma said.

Kabale Chief Magistrate, Mr Derrick Byamugisha said he has about 1,489 pending cases in his jurisdiction of which 634 are being handled by him while the rest are being handled by two grade one magistrates under his court.

“The Kabale chief magistrate’s court requires rehabilitation because it has developed terrible cracks. We reported the matter to the permanent secretary of the ministry of Justice and Constitution affairs and we are yet to receive the feedback,” Mr Byamugisha said.

According to the case list, 25 appeals are to be handled of which 15 are murder related cases, seven appeals of aggravated defilement, two rape cases and one aggravated robbery.

In 10 of the appeal cases, the appellants are seeking to have their convictions and sentences quashed, 13 want the court to quash their sentences, and two are seeking other reliefs

Among the appeals to be heard during the session is one where the state prosecution is challenging an acquittal of Aggravated Defilement charges, as well as one in which an appellant is seeking to overturn a life sentence for murder.

The court of appeal session at Kabale high court premises started on Monday July 1 and it will end on Wednesday July 3.