Kampala, Uganda: Chief Justice Alfonse Owiny-Dollo has commended the Bamasaaba community for successfully resolving internal cultural disputes using the Alternative Justice System (AJS), urging the broader judiciary to recognise and support such community-driven mechanisms.
Speaking at the National Summit on Alternative Justice held Wednesday, June 11, at Munyonyo Resort Hotel, Dollo called on judges, magistrates, and cultural leaders across Uganda to promote AJS as a credible, constitutionally-backed approach to conflict resolution. He cited the makoput reconciliation model of the Acholi as an example of how restorative justice fosters harmony and heals communities.
Dollo emphasized that AJS is enshrined in Uganda’s legal framework and should be respected equally alongside formal litigation. “No one should undermine cultural institutions and churches when they use AJS to resolve disputes. The constitution fully supports this approach, and judicial officers must accept its outcomes,” he stated.
His remarks were echoed by Kenyan Supreme Court Justice Prof. Joel Ngugi, who stressed the need for courts to transition from merely deciding cases to genuinely resolving them. “There is a big difference between deciding a case and resolving a conflict. AJS promotes lasting peace,” Ngugi noted, referencing interactive legal theory that encourages harmony over adversarial decisions.
The Minister for Constitutional Affairs, Hon. Norbert Mao, speaking at the summit, urged cultural institutions to use AJS to handle internal disputes without resorting to court battles. He cautioned judicial officers against interfering with community-led conflict resolution.
Bukuka Steven Masiga, who spoke on behalf of the Bamasaaba cultural institution, gave a detailed account of how the Bamasaaba used Article 246(2) of the Constitution and Section 16(1) of the Cultural Leaders Act to resolve their leadership dispute.
He urged the judiciary to archive the Bamasaaba model as a benchmark for managing cultural conflicts through peaceful, constitutional means.
The summit was organised by the Judicial Training Institute and drew participants from religious bodies, the bench, and cultural institutions across Uganda. It was moderated by Prof. Andrew Khaukha, Justice Emeritus Richard Buteera, and Justice Mike Chibita.
Participants were trained in mediation, arbitration, and conciliation, core pillars of AJS, aimed at equipping communities with the tools to handle disputes outside the formal court system.
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