- He shared Tanzania's successful experience with Alternative Dispute Resolution (ADR) which he calls Amicable Settlement of Disputes
- Representatives underscored the role of ADR, calling it a natural extension of traditional African dispute resolution
By MARY GWERA,
Judiciary-Zanzibar
The Chief Justice of the
United Republic of Tanzania, Hon. George Masaju, chaired a panel of five
Chief Justices at the Southern and Eastern Africa Judicial Forum (SEACJF)
conference to discuss the topic, “Court-Annexed ADR as a Transformative Tool for
Justice Delivery.”
Chief Justices, Senior
jurists, and Legal experts from across East and Southern Africa convened to
consider a landmark draft guide designed to harmonize and standardize
court-annexed Alternative Dispute Resolution (ADR) principles across regional
jurisdictions.
Sharing his experience on
Alternative Dispute Resolution (ADR) within the Tanzanian Judiciary on October
5th, 2026, at the ongoing SEACJF Annual Conference at Hotel Verde in Zanzibar,
Hon. Masaju stated that ADR, which he described as the amicable settlement of
disputes, has been highly successful in Tanzania.
Hon. Masaju noted: “The
Constitution of the United Republic of Tanzania, under Article 107A(2)(d),
requires the Judiciary to promote and foster mediation between disputing
parties. Since this is a legitimate method of dispute resolution, what we are
doing here has constitutional validity. If it is enshrined in the Constitution,
it cannot merely be an ‘alternative’ method; mediation itself is a direct
pathway to justice delivery.”
Opening the plenary
session, the Chair emphasized the imperative of adopting approaches rooted in
African dispute resolution practices, proposing a terminology shift from
"alternative dispute resolution" to "amicable dispute resolution"
to better reflect the continent's cultural approach to settling conflicts.
He noted that under
proposed regional procedural frameworks, courts will actively encourage parties
to reach amicable settlements within fixed timelines, such as an initial 75-day
period, before escalating matters to full trials.
Furthermore, Chief
Justice Masaju informed conference participants that the Judiciary of Tanzania
operates a Mediation Centre that is performing exceptionally well. Beyond
mediation, Hon. Masaju discussed how the Judiciary in Tanzania successfully
resolved commercial disputes, helping return over 13 billion Tanzanian
shillings to the country's economic circulation to boost national growth.
Hon. Justice Richard
Mwongo, from the Judiciary of Kenya, traced Kenya's court-annexed mediation
back to the aftermath of the 2007 post-election violence, when a panel of
eminent African mediators including former United Nations Secretary-General
Kofi Annan, late former Tanzanian President Benjamin Mkapa, and Graça Machel facilitated
a political breakthrough.
“That intervention led to
the national consensus between the Party of National Unity (PNU) and the Orange
Democratic Movement (ODM). The success of that high-stakes mediation sparked a
pivotal late-night meeting involving key negotiators, including the late Mutula
Kilonzo and representatives from the Chartered Institute of Arbitrators. The
group successfully advocated for the inclusion of dispute resolution mechanisms
directly into Kenya's draft constitution,” said Hon. Mwongo.
During the forum, Chief
Justice of Kenya, Hon. Martha Koome, acknowledged her recent receipt of the
King Sejong Legal Culture Award for Judicial Excellence in South Korea.
"I was honoured by
the Republic of South Korea... to celebrate an ancient king who promoted
people-centred justice," Chief Justice Koome stated. "I received the
award on behalf of all my colleagues who are working with me in Kenya to
promote ADR, AJS, court-annexed mediations, Children's Courts, and Small Claims
Courts all those working toward making justice responsive to the people."
Justice Koome further
highlighted how non-traditional mechanisms like Alternative Dispute Resolution
(ADR) and Alternative Justice Systems (AJS) are transforming access to justice
across the continent.
Sharing her views during
the discussion, Chief Justice Emeritus of Ethiopia, Hon. Meaza Ashenafi, who
peer-reviewed the draft guide, highlighted empirical research from the
Netherlands-based HiiL Institute showing that demand for legal remedies far
exceeds formal judicial capacity. Institutionalizing ADR, she noted, provides
court oversight to ensure fairness, enforceability, reduced costs, and faster
case resolution.
Hon. Justice Andrew
Kaukha from Uganda detailed Uganda's ongoing integration of ADR practices,
while Hon. Justice Harrison Mutabazi from Rwanda outlined progress in embedding
mediation directly within its formal court structure.
The proceedings opened
with reflections from delegates highlighting the importance of sharing regional
successes and challenges to address modern legal affairs. Representatives
underscored the role of Alternative Dispute Resolution (ADR), calling it a natural
extension of traditional African dispute resolution methods rather than merely
an alternative mechanism.
The session concluded
with panelists presenting strategies for leveraging smart database systems to
improve case management while safeguarding judicial integrity while emphasizing
that resolving disputes through culturally aligned, accessible, and
fast-tracked mechanisms remains essential to decongesting traditional
courtrooms and building a truly people-centred justice system in Africa.
The Chief Justice of the United Republic of Tanzania, Hon. George Masaju sharing experience about Alternative Dispute Resolution (ADR) during the presentation of a topic titled “Court-Annexed ADR as a Transformative Tool for Justice Delivery,” as a Session Chair. The topic was discussed during the ongoing Southern and Eastern Africa Chief Justices Forum (SEACJF) Conference and Annual General Meeting taking place at Hotel Verde in Zanzibar.
Hon. Justice Andrew Kaukha from Uganda (at the podium) sharing ADR experience in Uganda during the Panel discussion about 'Court-Annexed ADR as a Transformative Tool for Justice Delivery,' Topic chaired by The Chief Justice of the United Republic of Tanzania, Hon. George Masaju (the third one on the right side).
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