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Beneficiaries are actors too.pdf - Southern Institute of Peace ...

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esearchers come to study with background knowledge that<br />

influences their points <strong>of</strong> view towards the object <strong>of</strong> study. This<br />

means that this researcher was c<strong>are</strong>ful not to allow her previous<br />

knowledge to influence her findings. The researcher decided on<br />

observation as the primary method <strong>of</strong> data collection to assure<br />

that her previous knowledge would not bring biases to the<br />

conclusions that she would make. Other methods used<br />

complemented observation for triangulation purposes. The<br />

researcher followed some traditional court proceedings on two<br />

traditional chiefs to understand the process that chiefs use to<br />

reach at a legitimate verdict that fosters conflict transformation.<br />

Frequent visits by the researcher had strength in that she became<br />

part <strong>of</strong> the process and the chiefs and elders got used to her.<br />

Results<br />

Traditional court procedure<br />

A case is reported to the chief a week before the actual court day.<br />

Simple cases may be resolved at this preliminary stage. Cases<br />

that <strong>are</strong> complex <strong>are</strong> given a date <strong>of</strong> adjudication. The parties<br />

involved <strong>are</strong> informed <strong>of</strong> the court day and deliberate absence <strong>of</strong><br />

either party is regarded as disrespect for the court and is<br />

punishable by a monetary fine or a goat. The first stage in the<br />

proceedings is to acknowledge the presence <strong>of</strong> the traditional<br />

chief and his advisors who <strong>are</strong> mainly kraal heads and senior<br />

members <strong>of</strong> the community like headsmen. The entry <strong>of</strong> the chief<br />

is acknowledged by a standing ovation and ululation. This is<br />

similar to the formal court system where authority and presence<br />

<strong>of</strong> a magistrate is acknowledged by rising upon entry <strong>of</strong> a<br />

magistrate, lawyer or judge. Showing respect to the chief and his<br />

advisors is tantamount to authenticating and validating their<br />

authority. The parties involved <strong>are</strong> then brought before the actual<br />

court session as they <strong>are</strong> introduced to the chief and his court<br />

(d<strong>are</strong>).<br />

The next step involves making a report <strong>of</strong> the case to the chief and<br />

the congregation so that the process <strong>of</strong> justice takes its course.<br />

Any complainant reporting a case to the chief is expected to pay a<br />

court fee <strong>of</strong> $20.00 or a goat. The complainant reports on the<br />

nature <strong>of</strong> the crime committed against him\her, the extent <strong>of</strong><br />

46

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