Wednesday, 1 December 2010

Justice Postponed

On a neatly kept compound in Pader District there is a court room. All the furniture is dark brown, with an additional layer of red dust. The room can seat fifty persons, all equal before the law (or so the story goes). Florence Taaka, my supervisor, had a court case today, and so I accompanied her as moral support and as an observer. The reason for her court case is beyond common sense. A few months ago she accidentally splashed water on two gentlemen while driving in Pader. No one I have talked to can give me any clear information on what the law says about such issues. However, it is generally accepted and practiced in society that if you splash someone you (as a splasher) are required to stop and either give the splashees soap or some money (within a reasonable amount, to for example buy the soap).

I can imagine that some people reading this are wondering if splashing someone with water really is an issue. Well, for some it is a serious inconvenience. What if you only have one shirt? What if there is no money to buy soap? Perhaps it does not count as a criminal offence, but it is a “civil inconvience” or a “civil something”.

The two gentlemen in question asked for 150 000 Ugandan Shillings. This is ten times the reasonable amount. Just after the splashing incident Florence offered soap, a small amount of money, but the men insisted they should go to court. So now it is a case of Florence Taaka vs. Uganda. Indivdual vs. State. The reason it has even reached this level is because the men claim that she splashed them intentionally.

Most, if not all cases that were heard today were small grudges that could most definitely have been solved in a sensible discussion between two sensible human beings. A quarrel between a shop keeper and a customer turns into a man being accused of “assault” and “threatening someones life”. If I ever doubted that all the cases were easily solved outside court, then I am certain that every single case was adjourned, due to lack of sufficient witnesses, the attorney had not finished looking at the file or the accused did not show up. Some people turn up to court several times – they wait, they sit, the stand in front of the magistrate, and are then informed that their case is adjourned. What they see as the solution to their problems is procrastinated.

I sat there and sighed at poor planning, bad time management, and pathetic administration. I was ashamed at the manner by which some people go to court over small issues just to gain a small amount of money. I was reminded by the poor knowledge communities have of the judicial system, and why it is in place. And then I became angry at the societal structure that makes people feel a need to manipulate the structure to get some money.
I am frustrated, because for some people, -  life is a story of justice postponed. 

Peace

7 comments:

  1. Thank you for this. I heard that in the UK if you splash water on pedestrians when taking a Driving Test you will fail the test. Those of you from the UK. how true is that?

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  2. Thank you for yet another blog post, full of insight and nice sentences.

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  3. hehe nice story! for sure this is an abuse of the legal system. Though some may say that these two individuals were acting in what they perceived to be the 'western' way of doing things. OK, maybe the 'American' way...

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