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"id": 936214,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/936214/?format=api",
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"type": "speech",
"speaker_name": "Sen. (Dr.) Musuruve",
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"speaker": {
"id": 13188,
"legal_name": "Getrude Musuruve Inimah",
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"content": "Therefore, in as much as you are talking about traditional ways, the Bill actually seeks to ensure that it protects such issues. The Bill also seeks to protect anything that will be inconsistent with the Constitution. The Bill is, therefore, advocating that any written law that is acceptable should not be flouted in the process of resolving conflict. Mr. Temporary Speaker, Sir, another object of this Bill is to provide effective mechanisms for dispute resolution. There are quite a number of ways of resolving a dispute. According to this Bill, one can take different approaches in resolving a dispute. You can combine arbitration with any other way of resolving a dispute, as long as at the end of the day, the dispute has been resolved. Another object is ensuring access to justice. If there are alternative ways of resolving a dispute, then such ways can be an effective way of ensuring that the disputants get justice at the end of the day. In addition, when talking of alternative dispute resolution, it is also important, according to the proponent of this Bill, that the entire community is involved. Mr. Temporary Speaker, Sir, I wish to give an example of what could be happening between neighbours. Neighbours could have a heated argument over a fence or a tree that is on the border of either sides. One could argue that the neighbour has taken three steps of his land and so on. Such disputes could seem trivial, but could have a lasting impact that is negative even to the families of the disputants. Such situations can lead to two families becoming enemies. I have seen cases where someone says: “Do not interact with that family, they are enemies of our grandfather or do not even eat any mango that falls from the tree in the neighborhood because something bad will happen to you. Those are enemies.” Such cases are there Traditionally, these cases were resolved amicably. In such cases, arbitrators can come on aboard and bring two parties on board, and in an amicable way, ensure that the conflict is resolved. Mr. Temporary Speaker, Sir, some people may take others to court and say: “This tree is bringing problems in my compound.” The court will forever be there but these neighbors will be enemies forever. They will keep remembering that one of them took the other to court. However, if such a problem is solved amicably or there is an alternative way of ensuring that these neighbours come together and solve the problem, they will continue being friends, and their grandchildren will also continue being friends. It is important for other ways to be brought on board with regard to resolving conflicts. The Bill also talks about principles that guide alternative dispute resolution. One of the principles is voluntary participation of both parties. Conflicts cannot be resolved if both parties do not want. There is need for both parties to be aware of the conflict that is there. The two parties must confirm that there is a conflict between them. When they have the right information, the two parties can be brought on board, with an arbitrator or mediator coming to solve the problem. The problem should be solved within the shortest time possible. The more you take long to solve a problem, the worse it becomes. Mr. Temporary Speaker, Sir, for good neighbourliness in counties – I am looking at it from a communal perspective - it is important for people in the same community to be involved in conflict resolution and live harmoniously. That way, in case anything The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}