The recent resolution of disputes surrounding the leadership of the Bugisu Cultural Institution offers an important example of African jurisprudence at work, particularly the reconciliation theory of law, which prioritises healing, restoration and social harmony over punitive, adversarial approaches to justice.
The reconciliation theory of law views justice not merely as a mechanism for punishing offenders, but as a tool for restoring relationships and rebuilding communities. It is rooted in African philosophies such as Ubuntu, Ubuntu-bulamu and Butwela in Lumasaba, all of which emphasise community, mutual responsibility and peaceful coexistence.
Reconciliation Over Retribution
The theory is grounded in local African ontological frameworks that regard justice as a communal and restorative process. Its primary objective is to repair damaged relationships, heal communities and reintegrate disputants rather than isolate them through punitive measures.
Recently, while participating in mediation on behalf of His Highness the Umukuka in the dispute surrounding the leadership of the Bugisu Cultural Institution, I experienced firsthand the importance of this approach.
While in the chambers of the High Court during the mediation process, an elderly man in his early 80s confronted me before the judges appointed by the Judiciary to mediate the dispute. His actions could have resulted in criminal proceedings for offences bordering on assault, battery and contempt of court.
However, guided by the spirit of African jurisprudence and reconciliation, I chose to forgive him rather than pursue adversarial litigation.
The choice was deliberate: peace was more important than vengeance.
Our communities should always strive to resolve disagreements through reconciliation whenever possible. A community consumed by vengeance cannot achieve lasting peace.
A Community Healing Process
The reconciliation theory of law maintains that the primary objective of a legal system should be community healing and the restoration of social harmony.
The essence of conflict-resolution mechanisms should therefore be to repair damaged relationships and facilitate reintegration rather than create permanent divisions between disputants.
The resolution of the disagreements within the Bamasaba community demonstrated this principle. Following the mediation process, there were open handshakes between groups that had previously appeared deeply divided.
We should therefore guard the peace that has been achieved and avoid returning to the conflicts of the past.
An African proverb captures this principle aptly: “Buffaloes are held by their horns, but men are held by their words.”
The Bamasaba community must remain committed to the terms of the court-mediated covenant reached in July 2026. No individual or group should take actions that undermine the peace agreement or distract the community from the path of reconciliation.
Politics Should Not Divide Cultural Institutions
Politicians, regardless of their political affiliations, should not be allowed to undermine cultural spaces.
The events that recently occurred at Mutoto during the Imbalu launch were regrettable. Those involved in acts of hooliganism should consider rendering an apology as part of efforts to restore dignity and harmony within the community.
We cannot allow individuals, regardless of their position or influence, to make a mockery of the cultural peace that Bugisu has worked hard to achieve.
Cultural institutions should remain spaces for unity, identity, tradition and reconciliation rather than arenas for political confrontation.
A Historic Mediation Process
I am pleased to have played a role in triggering the cultural peace process in Bugisu.
At a time when many people appeared to be preparing for confrontation, I chose the path of peace by petitioning for the Bugisu cultural disputes to be resolved through mediation.
My invitation by the Chief Justice, His Lordship Hon. Owiny-Dollo, to participate in the process was significant. I also recognise the contribution of Prof. Khaukha, the panelists and the many actors who worked behind the scenes.
Special appreciation goes to the mediation panel led by the Deputy Chief Justice Emeritus, His Lordship Anthony Butera, for its contribution to the process.
The cultural institution leadership had faced more than 100 cases, while other parties had also instituted proceedings against the cultural institution. Through mediation and reconciliation, these disputes were brought to an end.
The result is an opportunity for the Bamasaba to rebuild their community around one cultural institution and one cultural leadership.
Reintegrating the Community
The Bugisu region, from a cultural perspective, has one cultural leadership rather than the numerous competing leadership structures that existed before the court-mediated resolutions.
The resolution of the disputes also provides an opportunity for the community to move forward.
Where cultural regalia or structures associated with competing institutions have been put aside, the focus should now shift towards rebuilding trust and bringing the community together.
The cultural leadership should consider reintegrating some of those who were previously on opposing sides into the leadership structures of the Bukuka where appropriate.
We are one community.
We may not be able to have everyone in every position, but we must find ways of bringing as many people as possible onto the path of reconciliation.
The future of Bugisu depends not on how effectively we defeat one another, but on how successfully we heal our divisions.
Peace, reconciliation and community healing must remain the foundation of Bugisu’s cultural future.
