CHAPTER 9

The ADR Mechanisms are not provided either in the 1992 Constitution or the rules of court of either the Supreme court or the High Court. However, the Courts Act, 1993 (Act 459) provides under section 72 the jurisdiction for a court of law to promote reconciliation. The section states as follows:

72 (1) Any court with civil jurisdiction and its officers shall promote reconciliation, encourage and facilitate the settlement of disputes in an amicable manner between and among persons over whom the court has jurisdiction.

72 (2) When a civil suit is pending, any court with jurisdiction in that suit may promote reconciliation among the parties, and encourage and facilitate the amicable settlement of the suit or proceeding.

The section clearly vests powers in the court to encourage parties in any civil proceedings to settle disputes. However, the court must be seised with jurisdiction and in the case of an election petition dispute, this could only be done subsequent to the filing of a petition.

A review of the statutes on elections establishes clearly that nothing prevents political parties or their members, for that