Reconciliation
Law Applicable:
The Constitution of the Republic of
Uganda 1995 as amended
The Magistrates Courts Act Cap 16
Case Law
What is reconciliation?
• Reconciliation can be defined as bringing two
disputing parties into harmony, who would
have otherwise refused to settle their
differences.
Provisions of the applicable law
• Article 126 (2) (c) and (d) of the Constitution of the Republic of Uganda
provides that;
In adjudicating cases of both a civil and criminal nature, the courts
shall, apply the following Principles;
(c) adequate compensation shall be awarded to victims of wrongs;
(d) reconciliation between parties shall be promoted.
Section 160 of the MCA cap 16 Laws of Uganda 2000 provides that ;
A magistrates court may promote reconciliation, encourage and
facilitate a settlement in an amicable way, of proceedings for assault
or any other offence of a personal nature.
Offences that can be settled shall not be aggravated in degree.
Offences legible for reconciliation
• Offences have to be of a personal or private nature and not
amount to a felony. These include;
a. Indecent assault C/s 122(3) PCA
b. Malicious damage to property C/S 315 PCA
c. Common assault C/s 227 PCA
d. Criminal trespass C/s 286(a) & (b) PCA
e. Writing or uttering words (with regards to an individual)
with intent to wound religious feelings C/s 116 PCA
f. Specific rash and negligent acts C/s 220 PCA
g. Pretending to tell fortunes C/s 295 PCA
Procedure
• The complainant or the accused or their advocate (if
represented)informs court of his or her intention to reconcile
with the other party either by oral or written application
• The Magistrate may also suggest to the parties and authorises
it if they agree
• Upon receipt of the application, the Magistrate records the
application and notifies the other party.
• The Magistrate inquires from the other party if he or she does
accept or object to the proposal
• If the other party accepts the proposal, the magistrate stays
the legal proceedings, informs the parties of the stay and refers
the matter for reconciliation
Appointment of a Reconciliator:
• The Magistrate appoints a reconciliator with
consent of the parties
Who may be a reconciliator
The magistrate if done at the court house
Police if done at the police station
Bar course student
Or any other person he or she sees fit to
facilitate the reconciliation process
Roles of a reconciliator
• Be neutral and help the parties identify a
common position
• Identify an alternative solution
• Revise and discuss with the parties the
identified solution and help the parties in
reaching an agreement
Reconciliation report
• Once the parties have reached an agreement,
the reconciliator makes a report and submits
it to the magistrate presiding over the matter
containing an extract of what transpired
during the proceedings, the names of the
parties and the terms of the agreement
• The Reconciliation report is then endorsed by
the Magistrate and the file is closed U/S 160 of
the MCA
Advantages:
• Leaves all parties satisfied and they feel that justice has been done
• Helps in reducing case backlog for magistrates, prosecutors and the
police
• Saves courts valuable time
• Saves the parties the expenses involved in unnecessary litigation
and follow up of cases in court.
• State resources are saved if petty cases are not subjected to court
proceedings and the expanses of feeding and maintaining such
people while in detention
• Reduces prison congestion
• An effective conflict resolution method
• Promotes confidence in the judiciary and promotes justice
Disadvantages
• It cannot be used for serious/capital offences
• Parties may not stick to the terms of the
agreement
• It may influence increase in the occurence of
petty offences
End of presentation.
Thank you for listening!
