On May 25th, 2025, the ESS Creative and Legal Foundation team made a significant step toward transforming justice delivery in rural Tanzania. We visited the Kamachumu Primary Court in Muleba District, Kagera Region, where we engaged in productive discussions with Hon. Oscar Alex Mgumba, the Resident Magistrate, and Court Clerk Joseph about enhancing Alternative Dispute Resolution (ADR) services in Kamachumu Ward.
Understanding the Ground Reality
Our visit revealed critical insights into the challenges facing rural communities in accessing effective dispute resolution. While traditional court systems serve urban areas relatively well, rural communities often struggle with complex legal processes, distance barriers, and limited resources.
Two key challenges emerged from our discussions:
First, rural areas are served by "bush lawyers" – individuals without formal legal training who have nonetheless gained the trust and confidence of local residents. While these community figures fill an important gap, their lack of specialized knowledge often undermines formal mediation processes, creating confusion and potentially ineffective outcomes.
Second, residents naturally turn to their local leaders and informal mediators when conflicts arise. These trusted community figures possess valuable cultural knowledge and social standing, but they lack specialized training in modern mediation techniques. This gap frequently leads to failed mediation attempts, forcing disputes back into the formal court system or leaving them unresolved.
A Collaborative Solution
The solution we discussed with Hon. Mgumba and the court staff centers on collaboration rather than replacement. Instead of dismissing the existing informal networks, we propose training both bush lawyers and informal mediators in proper mediation techniques.
This approach recognizes the vital role these community figures already play while equipping them with the skills needed to conduct effective mediations. By working with established trust networks rather than against them, we can create a more robust and culturally appropriate dispute resolution system.
Moving Forward
This initiative represents ESS Creative and Legal Foundation's commitment to making justice accessible to all Tanzanians, regardless of their location or economic status. Our discussions at Kamachumu Primary Court have laid the groundwork for what we hope will become strategic partnerships that can build sustainable, community-based justice solutions.
The path ahead involves developing comprehensive training programs, establishing ongoing support systems, and creating frameworks for collaboration between formal and informal justice mechanisms. Together, we're not just resolving disputes – we're strengthening communities.