Uganda’s Chief Justice, Alfonse Chigamoy Owiny-Dollo, has called on Zambia to deepen its commitment to Alternative Dispute Resolution (ADR) in criminal cases, highlighting its potential to transform justice systems across Africa.
Speaking at the ceremonial opening of Zambia’s 2025 High Court Criminal Sessions on Monday, Justice Owiny-Dollo urged the judiciary to build on its existing framework by embracing innovative approaches rooted in African traditions of dialogue and reconciliation.
He pointed to Africa’s rich history of resolving disputes through dialogue, mediation, and reconciliation—practices that prioritized restoring relationships over punishment.
“Long before colonialism, our societies effectively managed conflicts through culturally-rooted practices that promoted harmony and social cohesion,” he observed.
These traditional methods, he argued, remain relevant as nations strive for fairer, more accessible justice systems.
Justice Owiny-Dollo noted that Zambia already has an ADR framework in place through the 2010 Plea Negotiations and Agreements Act. However, he acknowledged its limitations, particularly the exclusion of sentence bargaining.
“The main challenge is implementing this framework effectively,” he remarked.
He called on Zambia to expand its ADR initiatives, invest in capacity-building, and raise public awareness to unlock its full potential.
The Ugandan Chief Justice said ADR’s potential to address systemic issues in African judicial systems, including case backlogs and public disillusionment.
He cited Uganda’s own challenges, where only percent of citizens seek formal justice due to delays and complexity.
The remaining majority rely on informal methods such as negotiation and local council courts.
“Native customs provided people-centered solutions that left communities satisfied,” he said.
Justice Owiny-Dollo contrasted these with formal systems inherited from colonial rule, which often feel alien and hostile to African values.
He also pointed to global examples, such as the United States, where ADR resolves over 95 percent of cases, as evidence of its effectiveness
Highlighting the benefits of plea bargaining, Justice Owiny-Dollo described it as a crucial tool for reducing case backlogs.
However, he noted that successful implementation requires mindset shifts among legal practitioners and the public.
“Judges and lawyers must recognize that the law is not static but must evolve to meet the needs of the people,” he said.
Zambia Chief Justice Dr. Mumba Malila echoed this sentiment, calling for ADR to be reimagined in the criminal justice context.
“As societies evolve, so too must our justice systems. ADR, when thoughtfully applied, bridges the gaps left by adversarial processes, offering victims closure and offenders reintegration,” he explained.
