Restorative Justice in Action

... Shaping Perceptions of ADR for Effective Criminal Justice Reform

By Francis Maingaila

Lusaka, Zambia – (06-01-2025) -The Zambian judiciary has embarked on a transformative journey to integrate Alternative Dispute Resolution (ADR) mechanisms into the criminal justice system, aiming to address delays, promote restorative justice, and enhance societal harmony.

In his address at the 2025 ceremonial opening of the High Court criminal sessions in Lusaka, Dr. Mumba Malila, Chief Justice of Zambia, emphasized the potential of ADR to humanize justice by addressing not just the legal, but also the emotional, social, and psychological needs of both victims and offenders.

Dr. Malila reaffirmed the judiciary’s commitment to innovation and inclusivity in advancing a restorative justice system that prioritizes repairing relationships rather than focusing solely on punitive measures.

While ADR is traditionally linked to civil disputes, Dr. Malila underscored its promise in criminal matters, referencing the Plea Negotiations and Agreements Act No. 20 of 2010 as a legal framework that allows ADR in Zambia’s criminal justice process.

However, he noted that the Act’s implementation needs significant improvements to fully harness its potential.

A key aspect of the reform is the development of sentencing guidelines to ensure fairness and consistency in plea bargaining.

These guidelines, Dr. Malila explained, would help reduce case backlogs, promote consistency in judicial outcomes, and incentivize plea bargaining.

"Mandatory minimum sentences often hinder judicial discretion and limit the flexibility of ADR mechanisms," Dr. Malila remarked, advocating for a balance between uniformity and judicial discretion.

The goal is to ensure that sentencing guidelines reflect societal values while providing room for context-specific judgments.

Dr. Malila further noted that both plea bargaining and ADR share a focus on resolving disputes outside the traditional adversarial system, offering pathways to restoration and healing.

This approach, he said, is designed to make justice more responsive to the needs of those impacted by crime.

Meamwhile, Dr. Malila expressed optimism about the role of ADR in addressing Zambia’s justice system challenges.

He emphasized the importance of legislative and policy reforms, capacity-building efforts, and public awareness campaigns to foster trust in ADR and shift societal perspectives on justice towards a restorative model.

He reiterated the need for sentencing guidelines that incentivize plea bargaining while ensuring fairness, consistency, and alignment with societal values.

"Incorporating ADR into our criminal justice system can reduce case backlogs and provide a more timely and humane form of justice," Dr. Malila concluded.

Hon. Alfonse Chigamoy Owiny-Dollo, Chief Justice of Uganda, also addressed the gathering, advocating for the adoption of ADR in Zambia.

Drawing from Uganda’s experience, Owiny-Dollo highlighted ADR as a practical solution to address the inefficiencies and backlog in criminal justice systems. 

He shared Uganda’s success in introducing plea bargaining in 2014, which has resolved over 45,000 capital cases, saved an estimated 22.5 billion Ugandan Shillings, and helped alleviate prison overcrowding.

"The focus of plea bargaining is restorative justice, aiming to repair harm and foster reconciliation within communities," Owiny-Dollo said. 

However, he acknowledged challenges such as resistance from legal professionals and limited public awareness, urging Zambia to invest in capacity-building, public education, and institutional reforms to effectively implement ADR.

Owiny-Dollo also lauded Dr. Malila’s leadership in promoting ADR, noting the creation of the Africa Chief Justices’ ADR Forum (ACJAF) during the 2024 ADR Summit in Kampala. 

This regional platform is dedicated to advancing ADR practices across Africa, with Zambia and Uganda working together to refine ADR mechanisms in both civil and criminal justice systems.

Chief Justice Owiny-Dollo encouraged Zambia’s judiciary to dedicate the year to spiritual guidance, stressing the moral imperative of justice. 

He expressed confidence that the collaboration between Zambia and Uganda would inspire innovative justice systems across the African continent.

Hon. Justice Charles Zulu, Judge-in-Charge, who also spoke at the event, highlighted that Zambia's judiciary is prioritizing ADR to tackle the growing case backlog. 

In the 2024 session, the Lusaka Magistrate Courts/Subordinate Courts recorded 4,408 newly filed criminal cases and 5,946 civil cases. 

With only 26 magistrates and 12 courtrooms, the system faces significant strain, underscoring the need for reform.

Justice Zulu also referenced the 2024 enactment of the Subordinate Courts (Civil Jurisdiction) Rules, which increased the monetary jurisdiction of Subordinate Courts to K1,000,000. 

While this shift led to a decrease in High Court civil cases, it contributed to an increase in Subordinate Court filings, highlighting the need for more resources at lower court levels.

He stressed the importance of demystifying ADR processes, such as plea negotiations, which should be viewed as cost- and time-saving tools, not as lenient measures for offenders.