The local councils at all levels (LC I, LC II, LC III) were only mandated to handle civil cases. Resolving community conflicts was one of the tasks that the government of Uganda transferred to the grassroots by enacting the Local Councils Act, which came into effect on June 8, 2006, the same law that established the Local Council Courts.
Objectives of the study
The study must also come up with suggestions on how to improve the guidelines and regulations. The background to local council courts in Uganda is provided followed by a statement of the problem, the overall and specific objectives and rationale for the study.
LITERATURE REVIEW
The classification of courts is based on the administrative units created by the local. The courts of the local council are close to the people and the people participate in the election of the members of the commissions that make up these courts.
Other studies on local councils outside Uganda
It is reported that village courts, known as panchayats, in the past controlled villages in India and settled their disputes, which system is now weakening and the police are becoming stronger (Vincentnathan and Vincentnathan 2007). The citizen association, relatives, the police and other organized groups or networks play an important role within and outside these traditional courts (Van der Waal 2004). However, this satisfaction was not enjoyed in Papua New Guinea in the Kwanga courts, where magistrates most often presented themselves as state agents and undermined these local courts (Brison 2005).
However, traditional courts are associated with some shortcomings in conflict resolution processes, such as tribalism, failure to preserve procedural informality, weak record keeping and the idea of not taking the voices of youth and women seriously and to ensure that neither party will get an unfair advantage (Choudree 1999). Common sanctions for offenses committed by traditional courts include: fines, restrictions and excommunication, where a person can live in his/her home but cannot speak to others (Vincentnathan and Vincentnathan 2007). 20 The methods of conflict resolution used by traditional courts are not unique to South Africa, but are reflected in other societies in Africa.
The debate is whether these methods can or should be extended to cases that did not fall under the umbrella of traditional courts (Choudree 1999).
Conclusion
Other problematic areas cited were poor record-keeping standards and the perception that voices of women and youth were not taken seriously (Van der Waal 2004). Choudree writes from the perspective that there are deep roots and valid reasons for traditional conflict resolution methods and that customs must be taken seriously.
Introduction
21 identify trends and percentages regarding common types of conflict, their nature, solutions and measures, such as the percentage of respondents who hold certain attitudes or opinions. Qualitative methods were conducted to determine people's perceptions, opinions and attitudes regarding effectiveness/satisfaction, general knowledge and practices. The investigation involved members of the local courts, members of the community who had a case before local councils and community support officers (corps) from relevant institutions such as the police.
To a large extent, the respondents were able to answer most of the questions that were put to them. The exception and challenge were mainly questions 9, 10 and 11 in the questionnaire, which seemed to the respondents somewhat similar and somewhat confusing, thus affecting the reliability of the data. General question 11 was omitted from the record and questions 9 and 10 were accepted to represent the types and nature of the conflict.
Area of Study
22 for development in Lubaga Division is poverty manifested in lack of basic needs such as food, shelter, clothing and generally low standard of living, thus there is a great influx of disputes which must start at the local council level.
Sampling Strategy
Data collection methods and instruments
Records kept by the local councils, including minutes of meetings and court decisions, were reviewed to establish the common types and nature of conflicts and the decisions examined. Key informant interviews - The study interviewed 5 local leaders, 4 local court members and 1 police officer responsible for the police position, who form the key informants. The interviews were held to ascertain the type and nature of cases dealt with, processes, challenges and suggestions for improvement.
Stakeholders from other institutions (police, religious leaders etc.) who also participate in the process were also interviewed. The interviews sought to explore experiences, roles and management as well as practices regarding conflict resolution. I village while thirty two (32) from Lungujja were LC I (32) village found in Lubaga North and Lubaga South respectively.
The interviews were mainly to investigate people's perception of the 'effectiveness' of the local courts in conflict resolution.
Data Processing and Analysis
An analysis was made of responses from both members of the municipal council courts and institutions working with municipal councils, with a view to consistency and differences.
Ethical Considerations
Data Quality
Conclusion
More than one third (26/63) of respondents were small entrepreneurs or (13/63) temporary workers. This subsection is an analysis of the understanding of conflict by selected respondents and characteristics such as age, education, and occupation. However, most respondents hinted and mentioned a misunderstanding or disagreement between two or more parties.
The study investigated types and nature of conflict known to the respondents and types of cases handled by the local council courts. The most important causes of conflict in directing preventive measures, as expressed by the key informant interviews, stemmed from: poverty; drug abuse, unemployment; infidelity, extended families, children out of wedlock, non-payment of rent. 28 The causes of conflict according to the key informants were either economic, socio or cultural.
Both local municipal court officials and the police cited domestic family problems as the main causes of conflict, such as: infidelity, low income, extended families, children out of wedlock.
The respondents experiences with the local courts
29 Experiences of processes of dealing with conflict covered the period from how the case arrived at the local council courts until costs involved;. The local councilors were aware and never dealt with criminal cases that were outside their mandate according to the law. The local court officials were aware of the cases they could not handle to include; robbery, treason, rape and pollution.
Criminal cases not dealt with by local courts are referred to area police or traditional courts. According to O/C Namungon police, some members of the community came directly to the police for fear of bias from the local councils. They attributed their satisfaction to the fact that most of the cases pending in the local courts have been settled.
Municipal Courts ask for little money compared to the police (community respondent).
Challenges faced by local court system
Although they are supposed to work and complement each other, the police and local courts have faced challenges arising from distrust and suspicions of sabotage from both sides. The complaint from local courts to the police is a lack of cooperation and due to corruption the perpetrators are often released. The local courts are mandated to make judgments but face the challenge of ensuring that the judgment is carried out due to gaps in existing laws that do not give them jurisdiction.
Local courts also face challenges if they are to proceed and adjudicate cases outside their mandate as requested by communities. Members of local courts reported that they had been tempted in the past and dealt with cases of rape and defilement, mostly by encouraging dialogue. Children under 18 were the main category of crimes brought to local courts and yet the law protected them from detention and instead sent them to remand houses which have been greatly weakened.
Local courts have reported counterfeiting as an upcoming challenge that can even land them in jail.
Conclusions
Local courts were aware of and never tried criminal cases such as defamation, rape, murder, which were not within their jurisdiction. The local court method of dispute resolution mainly encourages both parties to negotiate. There was satisfaction with security due to the presence of the Secretary of Defense at local court sessions.
Local courts were easy and convenient to access and neither transportation services nor the hiring of a lawyer were required. Therefore, local courts and local governments must enforce this law. Injustice/bias has sometimes been reported as one of the most common factors in the effectiveness of local courts.
This was outside of the stated core values of the local courts as outlined in the revised Municipal Court Trainer Manual.
QUESTIONNAIRE
Dynamics of Political and Administrative Change in Uganda: The Role of Resistance Councils and Committees in Promoting Democracy in Uganda.
Local Council Courts and Local Conflict Resolution in Uganda.
- Background Socio and Economic characteristics
- Understanding of Conflict
- Problems and Challenges 21 Overall what are the problems you found
- Perception about effectiveness 25 Do you feel happy/satisfied with the way
Man VS Self (Problems with what to do or think 11 What is the nature of the conflict that has happened to you. and has it been dealt with by local councils. 15 Do you think the services paid for are worth the money you have to pay. 16 Are you happy / satisfied with the skills and abilities of the members of the local courts.
Briefly explain your response (Perception about the judgment, satisfied or not. For reference, which CASES are those? Any follow-up to the judgment). 29 Are you satisfied and satisfied with the manner in which referrals to these local courts are made? 37 What are the weaknesses/ of the local councils in resolving conflicts (What is not good about the process) (Multi - . responses).
Lack of privacy and confidentiality 4. 38 What are your recommendations to improve conflict resolution in local councils.
Local Councils and Local Conflict resolution in Uganda
UNDERSTANDING OF CONFLICT (Types, Nature and Causes)
56 (HONDI: Do you have instructions that you follow, do you have lawyers, do you have loopholes, when you call these meetings.
CHALLENGES AND PROBLEMS
CONFLICT RESOLUTION
