Where justice exists, people flourish. Yet, injustice in its most grievous forms dominates the landscapes of our world. Often, it is revolution or rebellion from the grassroots victims of injustice that rise up to take on the powers that have perpetrated decades of inhumane, unjust, and incomprehensible suffering of the poor and impoverished across the globe.
But what if the disruption to such injustice came from the top — from those in power? Mandela did it. Churchill did it. And now there is a new movement afoot across Africa. A collection of chief justices—the Africa Chief Justices Alternative Dispute Resolution Forum (ACJAF)—has emerged in the last few months, evincing a passion for reform and the courage to act.
In most African countries, and indeed, in the majority of countries across the world, the justice system is backlogged. There are more cases than the judges can handle. The input rate is remarkably higher than the output rate because governments cannot afford to appoint enough judges to handle cases. This simple dynamic and economic reality is actually true in America as well, yet remarkably without a case backlog. The difference—alternative dispute resolution, or ADR. More than 95% of all cases, both civil and criminal, are resolved through some form of ADR in the United States. That is the only way the justice system can keep up with cases.
ADR manifests itself through methods of informal, relational, and restorative justice. Ironically enough, these methods were practiced for hundreds of years in Africa before more formal justice systems were adopted. So much so that ADR could properly stand for “African Dispute Resolution.” In essence, ADR invites the disputing parties to resolve their differences together, usually with the help of mediators, without requiring the time and attention of the courts, which could take many years to reach.
In many jurisdictions in Africa, when someone is arrested for suspicion of committing a crime, they are thrown in prison. They will have never spoken with a lawyer, a judge, or had anyone read their file. They will likely remain in prison for 3-5 years before the first opportunity to speak with someone about their case emerges. During these years, they often sleep like sardines in 8-hour shifts on a concrete floor because many prisons are overcrowded, some by 300%. These conditions create serious civil rights and human rights violations that the chief justices are eager to redress.
In March of 2024, 15 chief justices from North, South, East, and West Africa gathered in Kampala, Uganda, at the first-ever Africa Chief Justices ADR Summit under the leadership and initiative of Uganda’s chief justice, Alfonse Chigamoy Owiny-Dollo. The chief justice had a story to tell and hope to share with his colleagues. For the past 7 years, the Judiciary of Uganda, in partnership with Pepperdine University in Southern California, had engaged in the implementation of a plea bargaining within the criminal justice system. The informal process of plea bargaining (criminal ADR) is regularly practiced in the United States and resolves almost all criminal cases. The data from this project showed that over the course of 7 years, the time to trial was reduced from an average of 5 years to 1.2 years. The result was an astounding reduction in case backlog and overcrowding in prisons, and an exciting increase in the efficient administration of justice in Uganda.
After hearing the story of Uganda, the chief justices voted to form the Africa Chief Justices ADR Forum (ACJAF) and to work together to enhance the use of ADR across Africa. As men and women of action, the chief justices joined together and immediately began studying ADR theory and practices, later re-convening for a week to crystallize their plans for reform.
As a result, over 20 African countries are now reaching out to the ACJAF to partner with them in their vision for reform, efficiency, and effectiveness in their justice systems. Already, many of these action-oriented chief justices have instituted capacity-building training in mediation skills and plea bargaining processes in their individual countries.
The world is hungry for action and humanity needs justice to flourish. The chief justices of Africa are demonstrating profound leadership courage and humility to join forces to overcome injustice and human suffering together. And through their courage, ADR is catching fire across the continent and transforming the delivery of justice to Africans.
Danny DeWalt is Senior Vice President of Global Impact and Chief of Staff of Pepperdine University. DeWalt also leads the Sudreau Global Justice Institute at Pepperdine Caruso School of Law, overseeing international and domestic justice initiatives like the plea bargaining programs being implemented in partnership with African justice systems.
