The contribution of traditional courts in conflict resolution mechanism : a study of Kaoma district western province of Zambia.
Date
2023
Authors
Situmbeko, Nosiku
Journal Title
Journal ISSN
Volume Title
Publisher
The University of Zambia
Abstract
The study sought to explore the contribution of traditional courts in resolution mechanisms in Zambia. A study of the Kuta traditional court system of Kaoma District Western Zambia. The study was necessary because disputes in any society are often inevitable. The study also noted that from distant past till now, traditional court system has played a critical role in resolving conflicts in Africa particularly in Zambia. As a result, there have been calls to appreciate the
role of the traditional leadership in resolving such conflicts. Many community development projects have suffered stagnation or complete failure due to conflict resulting mostly from internal disputes within the rural communities. If therefore this situation is not addressed, there are chances that these challenges will negatively affect the development agenda. Traditional leadership play a significant role in conflict resolution, hence the exploration of the contribution of traditional courts in conflict resolution mechanism in Zambia is critical not just to the promotion of peace and resolution of conflicts but also to the development of the country. The study employed a qualitative approach using a case study design. A case study was used to gather data for this research. Data was gathered using structured interviews and focus group interviews/discussion. The study targeted 30 participant’s association with traditional court system in Kaoma, Kuta including chiefs, Barotse Establishment Indunas, subjects, Social workers as well as Civic leaders from Kaoma District. The results of the study revealed that Kuta traditional court system play an important role in promoting peace and stability in the country. It has a vital role in community building by
providing a platform where people could come with their problems and with the hope of being helped. The study also found that traditional courts were very effective in fulfilling in conflict resolution. It was found that all the cases that come before the court are recorded in a book for future reference and for the purpose of transparency and sometimes the cases are even referred to the local court or magistrate court for redress depending on the magnitude of the case. The most common ways that this court uses to address conflict in their communities included mediation, arbitration, adjudication, reconciliation and negotiation.
The results also showed that there no established or codified standards of sentencing the offender or the wrong doer because the purpose is to bring about reconciliation and peace among or between the conflicting parties. The challenges faced by traditional courts in dispensation of their roles in conflict resolution and peace building were identified among them poor infrastructure, lucky of government will and support to the traditional court system, inadequacy knowledge on law and conflict resolution to mention but a few. The study therefore, recommended that there should be increased collaboration and networking between the government and customary institutions of governance. In particular, the government should recognize and aid customary courts enforce their rulings.
Description
Thesis of Masters in Science in Peace Leadership and Conflict Resolution