The use of Good Offices 3. The Role of the Liberian Elites 4. The Economic Dimension 4. Analysis of success Chapter 5:
Traditions of conflict resolution in South Africa By 24 Apr Abstract In the domain of law, and elsewhere, alternative dispute resolution can be used in more than one way. It may signify a recognition that there are other methods than litigation, and that these may sometimes be more appropriate.
But it may also serve as a label for methods which are frowned upon as popular but amateurish. This article is written from the perspective that the deep roots and valid reasons for traditional conflict resolution methods and customs should be taken seriously.
They form part of time-proven social systems, in which the objective is usually more than just settling a case. Such methods, whether they include more adjudication or more mediation, are especially oriented towards reconciliation and the maintenance or even improvement of social relationships.
Representative examples from a few South African societies are discussed, as well as the current situation of Western and customary law, modern courts and tribal courts, legal professionals and traditional leaders.
Possibilities for the future are pointed out, in an increasingly urbanised South Africa, but a South Africa with a new Constitution.
Africa, committed to work towards the peaceful and speedy resolution of all conflicts in Africa for the creation of an enabling environment for development, democratization, greater respect for Human Rights, and resolving other critical challenges that confronted the. Conflict Resolution in the Workplace – avoid office strife by putting these conflict resolution techniques into play from Notre Dame's College of Business. The conflict resolution community seems to pursue conflict resolution efforts in Africa from a variety of purposes and interests and with policies that are often replete with ambiguities and contradictions.
It was my fortune to be well versed in the fundamentals of what is called Native Law and Custom, so I was able to take up my court work with no great difficulty. But my main pleasure in this activity came from the rewarding attempt to reconcile people who were at variance, and from the debate involved.
I love the impact of mind upon mind, and I love thrashing things out in the attempt to get at the truth. The procedures of the court give these things orderliness, and getting at the truth is worth while for its own sake.
The dying arts of exposition hold great attraction for me. Introduction The use of alternative methods of conflict resolution by the traditional societies of South Africa is deeply rooted in the customs and traditions of the various tribes of the sub-continent. These range from the fairly rudimentary processes of the Khoisan of the remote Northern Cape to the sophisticated traditional courts of the Zulu in KwaZulu-Natal.
Some methods of conflict resolution as practised by traditional societies of South Africa, which are representative of the main tribal affiliations in the region, will be considered here. Reference will be made to the provisions of the Constitution and Bill of Rights that will play an important role in the development of South African jurisprudence, especially in respect to customary law, and to the central role of chiefs and headmen in the conflict resolution process Hammond-Tooke Western and African court processes of dispute settlement Bennett reflects on the judicial process in an African context and compares it with its western counterpart.
The essence of the African process was reconciliation of the parties in an environment quite the opposite of the western model, which seems designed to alienate and confuse the litigant Bennett Gluckman, in similar vein, points out that in the case of western judges there is some judicial intervention in divorce cases and family disputes designed to getting the parties to settle their differences.
He illustrates the point by referring to marriage guidance councillors who: One of the most important features distinguishing between western and African processes of dispute settlement is the manner in which the social relationships between the parties involved in the respective processes are treated.
Nader and Todd, referring to the analysis adopted by Gluckman, argue that these relationships are either simplex or multiplex. The ensuing hypothesis is that the parameters of the settlement process are determined by the nature of the relationships involved.
Cappelletti castigates the western orientation towards a rights culture, which looks upon judicial solutions or contentious justice as an ideal, to the exclusion of other possibilities such as are promoted in other civilisations, which he describes as coexistential justice Cappelletti The parties in the latter situation are interested in mending rather than terminating relationships Cappelletti In contrasting western court processes of dispute settlement with those of African courts, Bennett notes that the essence of the latter is a tendency to mediate or arbitrate rather than to adjudicate.
Reconciliation of disputes was preferred and the impartial application of rules was inevitably of less consequence Bennett b: The closest that a conventional western-orientated court comes to such a process is the stage when an order is taken by consent, usually at the end of protracted negotiations in the course, or at the end of litigation.
The judge plays little, if any, role in the process and it is usually left to the parties to negotiate the consent order through their legal representatives. This is not the usual result of the typical trial process which invariably ends in an arbitrary decision being made by a judge, with no further input from the parties after their respective cases have closed.
Recognition and retention of traditional courts in South Africa In the exercise of their jurisdiction as mediators, the courts of chiefs and headmen are similar to the Lok Adalats and Panchayats of India. The similarity is especially evident in the procedures and mechanisms employed in the courts and the participation of the councillors of chiefs and headmen in resolving conflict within parochial areas.
It was only in that these courts were officially recognised. The next stage of reorganisation of these traditional courts took place in consequent upon the recommendations of the Hoexter Commission The following reasons were advanced by the Hoexter Commission Part I, par 3.
Although in many respects the chiefs courts function imperfectly their retention is widely supported both by Blacks and by experts in Black customary law. These courts represent at once an indigenous cultural institution and an important instrument of reconciliation.
The establishment of Commissioners courts requires some description and explanation for the sake of completeness in the discourse on traditional conflict resolution.
A negative factor in the existence of these courts the presiding officers of which were white was that Africans were being subjected to a far lower standard of justice than practised elsewhere Bennett b: The Hoexter Commission Part V, par 6.
The Commission is satisfied that with the exception of courts of chiefs and headmen [emphasis added] the policy of separate courts for Blacks is outmoded and obsolete.This time last year, the world was cautiously optimistic that at least some of Africa’s deadly conflicts were on course for resolution.
After having claimed some two million lives, Sudan’s twenty-year civil war appeared close to an end. Effective conflict management is an essential skill for every leader and aspiring leader. When harnessed productively, conflict can be a force to build both company culture and competitive advantage.
The Centre for Conflict Resolution aims to contribute towards a just and sustainable peace in Africa by promoting constructive, creative and co-operative approaches to the resolution of conflict through training, policy development, research and capacity building.
Conflict resolution (CR) may be defined as any process used to manage, determine, or settle differences that may arise among individuals, families, groups, organizations, communities, nations, or any other social unit.
Social conflict may arise because of perceived differences in relation to values. The conflict resolution community seems to pursue conflict resolution efforts in Africa from a variety of purposes and interests and with policies that are often replete with ambiguities and contradictions.
Conflict Management in Africa Diagnosis of Current Practices and Future Prospects By: Severine M. Rugumamu Ethiopia conflict emerges, cause and consequence tend to blend.
Hostility might be a consequence of and polarization carry participants away .