Buteera calls on judicial officers to embrace alternative dispute resolution
Mar 25, 2024
"If the alternative dispute resolution is embraced, the case backlog will be resolved. We have a case backlog because we have not yet embraced mediation, plea bargain, and mediation," Buteera said.
Justice Buteera inspecting the guard of honour at Masindi high court. (Photos by Yosam Gucwaki)
Yosam Gucwaki
Journalist @New Vision
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Deputy Chief Justice Richard Buteera has challenged judicial officers in the country to embrace alternative dispute resolution saying that it's the only way to expeditiously handle different cases and reduce case backlog.
"Tell people to embrace other alternative dispute resolution like mediation, plea bargain, reconciliation, and arbitration among others. Our elders would resolve conflicts without going to court. The constitution obliges us to promote reconciliation and public participation in resolving disputes," said Buteera while speaking during the official opening of a two-day Court Of Appeal criminal session at Masindi High Court on Monday, March 25. Justice Buteera (centre) with Justice Mulyagonja and Justice Obura at Masindi high court
"We aim to clear the case backlog in the Judiciary and this session is a clear indicator that we shall do our best to realise this goal and ensure Justice is not only done but seen to be done. As top managers of the Judiciary, we have put in place an alternative justice strategy aimed at promoting and cascading alternative dispute resolution in all Courts to resolve heavy caseloads,” he said.
Buteera further explained that they have trained some judicial officers, senior lawyers, senior religious leaders, and retired judges to be involved in helping in mediation and arbitration.
"If the alternative dispute resolution is embraced, the case backlog will be resolved. We have a case backlog because we have not yet embraced mediation, plea bargain, and mediation," he said.
Buteera said they decided to bring the Court of Appeal services nearer to the people of Uganda by holding Regional Court of Appeal sessions to ease physical access to justice for the people of Bunyoro region.
"This will cut on the transportation and litigation costs formerly spent by litigants trekking to Kampala to access services of the court of appeal. We are mindful that Masindi High Court circuit like other high court circuits and divisions is faced with a challenge of case backlog and complaints of prisoners over staying on remand," said Buteera.
He added that the Court of Appeal has a big workload and yet the workforce or human resource is still limited, adding that this makes both physical and actual access to quick justice difficult.
The Court of Appeal criminal session is the first of its kind in Masindi and 25 criminal cases are going to be handled.
They include seven murder cases, four aggravated robbery cases seven aggravated defilement cases, two rape cases, three cases of obtaining money by false pretence, and one for manslaughter among others.
Among the Court of Appeal judges going to handle the cases include Justice Irene Mulyagonja and Justice Hellen Obura.
Masindi High Court resident judge Isa Serunkuma explained that they are currently handling 936 criminal cases from the districts of Masindi and Kiryandongo, adding that 149 of these are pending hearing at session level.
He asked the Deputy Chief Justice to at least organise two sessions for a plea bargain to be able to reduce the case backlog.
Jimmy Ogala, the caretaker officer at Masindi Government Prison noted that they're grappling with an inadequate space at the facility.
He said the facility has 1698 inmates, noting that 1025 are on remand, 643 are convicts, and seven judgment debtors.
"We are supposed to host 266 inmates but we have over 1000 inmates. The number is high compared to the infrastructure we have," he added.
He further explained that they're facing a challenge of capital offenders on mention taking too long to be committed to the High Court.
Judith Magambo, the officer in charge of Masindi Regional Remand Home, noted that they have 48 juveniles, adding that they're grappling with the challenge of transport and accommodation for girls.
"When we receive girls we take them to Fort Portal where there's accommodation for girls. But we find a challenge in bringing them back when they're needed in court," she lamented.
Caroline Hope Nabassa, the assistant principal in the Office of the Director of Public Prosecution said they're facing a challenge of late submission from the advocates saying they work under timelines and it affects their operations.
Speaking during the same event, Ronald Businge Kyomuhendo, the mayor of Masindi Municipality appealed to the Deputy Chief Justice to fight corruption in the judicial sector saying it's becoming a big setback to the people.
He also asked the judicial officers not to be influenced by politicians to make decisions while executing their work for the two days they are spending in Masindi.
Emmy Ngabirano, the Masindi resident district commissioner, asked the Deputy Chief Justice to add another judge to the Masindi High Court to reduce the case backlog.
In his response, Buteera said that the sector is facing a shortage of judicial officers in the whole country.
He further promised to make independent well-considered decisions.
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