Isles on course to re-introduce alternative dispute resolution system

ZANZIBAR: LOCAL and foreign investors who prefer settling disputes outside the court will soon have alternative should the proposed ‘arbitration Act’ be approved to become a law.

According to the Zanzibar Attorney General (AG) Dr Mwinyi Talib Haji, there are some investors who would prefer resolving their matters out of the traditional judiciary system, prompting his office to plan to have the law and Zanzibar alternative Dispute Resolutions Centre.

“We need to have laws that meet our current and future demand, such as in solving disputes outside court procedures. We also do away with outdated laws that obstruct or delay justice,” Dr Haji said when introducing the proposed Act to stakeholders’ forum held here.

An act to repeal the Arbitration decree Cap. 25 of 1928 and enact the arbitration Act to provide for conduct relating to domestic arbitration, international arbitrations and enforcement of domestic and foreign arbitral awards and other related matters were introduced to some lawyers and representatives from NGOs to discuss and propose how to have the best document.

Mr Hassan Haji, Director of legislative drafting department, made the presentation on the arbitration act before the members and they discussed the draft to establish ‘Zanzibar Alternative Dispute Resolutions Centre (ZADRC)’ for the first time.

“This initiative is to support President Hussein Ali Mwinyi’s efforts to make Zanzibar the best place for investment and where everyone can access justice through courts or arbitration,” Mr Haroun Ali Suleiman, Minister of State- President’s Office (Constitution, Legal Affairs, Public Service and Good Governance, said when he opened the forum.

The Minister thanked the AG for planning to improve laws in the Islands arguing that it was improper for a country that respects human rights and practices good governance to have outdated or impractical laws.

“Some laws are outdated, one hundred years ago! We need reforms as Zanzibar is now open to many investors who may prefer dialogue for solving disputes.”

He said that in the implementation of Zanzibar’s Blue economy agenda, a friendly environment in both legal frameworks by providing room for arbitration, infrastructure, peace and stability, are important in realisation of development goals.