Land Conflicts and Alternative Dispute Resolution in Sub-Saharan Africa: The Case of Botswana

Abstract

Because of increasing population, rapid urban urbanisation, socio-economic transformations, changes in land values and other factors, most countries in sub-Saharan Africa experience land conflicts. Until a few years ago, litigation and, to a lesser extent, administrative interventions were the preferred ways of resolving land-related conflicts in urban and peri-urban areas. However, litigations and administrative interventions have been criticised as costly, time-consuming, inequitable and unjust to the poor, vulnerable and minority groups. To decrease pressure on legal systems as well as improve access and justice for all, some countries (including Botswana) have introduced Alternative Dispute Resolution (ADR) mechanisms to complement court processes. Taking Botswana as a case study, this chapter assesses how far ADR has reduced court cases, dispensed justice, improved urban governance and promoted or restored peaceful relationships in land-related conflicts. The chapter reveals critical flaws and limitations in trust and impartiality because the Land Tribunal is viewed as a state agent and a common law court. The chapter makes recommendations on principles for a just and effective alternative land dispute resolution system.