Ministry of Energy to Enhance ADR Strategy for Electricity Disputes

The Ministry of Energy and Mineral Development is set to enhance the Alternative Dispute Resolution (ADR) strategy to address electricity-related conflicts in the country. Dennis Kaggwa, speaking on behalf of Pauline Ireen Batebe, the Permanent Secretary of the Ministry, made this announcement at the Electricity Disputes Tribunal workshop in Kampala. 

Kaggwa explained that as Uganda’s electricity generation capacity grows, there will be an increased demand for power transmission and distribution networks, which will, in turn, lead to more disputes. These disputes are expected to involve issues such as breach of contracts, licensing, environmental concerns, and billing.

Batebe emphasized the importance of amicable solutions for these disputes, adding that the construction of these networks will inevitably bring more conflicts. She also expressed her appreciation for the Electricity Disputes Tribunal’s efforts in engaging stakeholders like lawyers, especially as the energy sector undergoes significant growth and transformation.

“As the Ministry of Energy strives to meet the increasing demand for energy, there is a need to ensure that there is an effective method to resolve disputes,” Batebe remarked. Silvia Cheptoris, the Registrar of the Electricity Disputes Tribunal at the Ministry, highlighted that ADR is designed to resolve disputes more quickly, cost-effectively, and with less complexity. She explained that ADR handles mediation or arbitration, depending on the nature of the case. 

Cheptoris revealed that, using ADR, the Ministry of Energy successfully concluded 12 major cases in January. Cheptoris further noted that ADR’s approach can significantly benefit litigants, as it reduces delays and the need for lengthy formal hearing procedures. She stressed the importance of involving lawyers and other stakeholders in ADR training. At the Tribunal, the complaint process is straightforward, requiring only basic information about the parties involved, the dispute, and witnesses. The Tribunal then issues summons to the accused party.

Once summons are served, government entities are given 30 days to respond, while other parties have 21 days to reply and set a hearing date. Before proceeding with formal hearings, the Tribunal allows both parties to resolve the issue amicably. If this fails, the case proceeds to trial. Christine Birabwa Nsubuga, from the Practice Conflict Center, emphasized that ADR has been part of Uganda’s history since pre-colonial times.

She explained that although ADR practices in Africa have varied, they all involve a third party helping to resolve disputes. Birabwa pointed out that in the past, Uganda had the “Omuti gw’eddembe” (Tree of Peace) in Kampala, where people would gather to discuss matters, including political issues. She concluded that the future of dispute resolution in Uganda lies in ADR, which aims to reduce lengthy court processes and minimize case backlogs.

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Dr. Anne Chepkurui from Kisii University, a facilitator of the workshop, also highlighted that key principles of ADR include voluntarism, confidentiality, and flexibility. She suggested that ADR could be used even for cases already in court by calling them to the community for mediation or arbitration, thereby helping reduce the backlog in the courts.

Chepkurui added that ADR could help lower government expenditure on resolving cases, as it would allow the community to handle many disputes, leaving the courts to focus on more significant cases. This, she noted, would promote harmony in the country.