Investigating the restorative nature of the traditional dispute resolution methods

Abstract

Most African countries have adopted a pluralistic legal system which includes the inherited legal system and the customary legal system of the original inhabitants. The inherited legal system took superior status whilst the traditional legal system was relegated to the inferior status. African customary communities found it difficult to access justice through the inherited legal system due to travelling costs to access urban areas where courts are located, hostile courts environment and unfamiliar foreign languages used in courts. Before, during and after colonialism, African traditional communities always had traditional dispute resolution methods. These methods are deeply entrenched in African custom. Their main objective was to reconcile disputants and restore peace and harmony. These methods thrived in flexibility, speed, restoration and reconciliation. The elders are the key actors in implementing the TDRM due to their wealth of knowledge and wisdom regarding customary principles and practices. Most African communities prefer TDRM because they are more accessible. They promote access to justice particularly to the marginalised and remote rural communities in the outskirts. However, the TDRM has strengths as well as weaknesses. Many African countries have adopted legislation that recognise customary law, including the TDRM. This development provides a conducive platform for integration of the TDRM and formal legal system.