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Alternative Dispute Resolution in Culturally Grounded Conflicts: Legal Authority, Community Legitimacy and the Bugisu Cultural Leadership Dispute

Year: 2026
Type: article
Abstract: Cultural leadership disputes raise questions of legal entitlement, collective identity and public acceptance that a declaration of office may not resolve together. This article examines alternative dispute resolution in Uganda through the Bugisu cultural leadership dispute associated with Inzu Ya Masaba. It uses doctrinal analysis and a critical review of publicly accessible documentary material, distinguishing legislation and judicial decisions from institutional communications and news reporting. The analysis finds that the central legal problem is not a complete absence of dispute-resolution legislation: the Institution of Traditional or Cultural Leaders Act, Cap 242 already provides a community-based process followed by referral to court. Rather, practical difficulties concern representation, disputed accounts of custom, the relationship between negotiated agreement and lawful authority, and implementation after settlement. Public reporting of the Bugisu mediation supports the value of negotiated engagement but does not establish comparative costs, universal compliance or the independent causal effect of ritual. The article develops an account of culturally grounded legitimacy, retaining the author's proposed Placebo Doctrine as a provisional explanatory metaphor rather than an established rule of law. It recommends a coordinated procedure combining representative community participation, voluntary cultural observances, independent advice, careful settlement drafting and judicial protection of rights. Effective reconciliation should complement lawful adjudication and remain open to scrutiny where consent, representation or constitutional rights are contested.
DOI: 10.5281/zenodo.24133084
Language: English
Subfield: Law
Open Access status: green
OpenAlex ID: W7225781939
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