Judiciary faces collapse without Alternative Dispute Resolution, warns Justice Kiryabwire

A stark warning has been issued by Justice Geoffrey Kiryabwire of the Court of Appeal, stating that Uganda’s judiciary is at risk of collapsing unless citizens prioritize alternative dispute resolution (ADR) mechanisms. Speaking at an ADR workshop in Mbarara City, Justice Kiryabwire emphasized that the formal court system is overburdened and simply cannot accommodate every dispute.

“If people stop talking and mediating, choosing court as the only option to resolve their disputes, then the judicial system will collapse and prisons will turn into remand homes,” he stated. Justice Kiryabwire urged a return to more traditional, community-based methods of conflict resolution, arguing that formal court battles often lead to prolonged suffering and wasted resources.

The judge underscored the severe strain on the judiciary by citing the Court of Appeal’s situation, where 18 justices are tasked with handling 14,000 cases. He questioned the expectation of swift justice for those who forgo ADR and opt for lengthy appeals.

Data from the National Court Case Census report paints a grim picture, revealing a significant nationwide case backlog, with cases unresolved for over two years. The Central region has the highest number of pending cases, followed by the Western, Eastern, and Northern regions.

Senior advocate Francis Butagira echoed these concerns, noting the prohibitive cost and slowness of the formal system for ordinary Ugandans. He called for the integration of traditional justice systems into formal court processes to ensure timely resolution.

In response, Justice Kiryabwire announced that the government has approved a White Paper on ADR, with an upcoming ADR Act aimed at making formal courts a last resort. However, some workshop attendees expressed skepticism, accusing legal practitioners of hindering out-of-court settlements for financial gain.

Source: Daily Monitor (Uganda)