This archive report was first published on 9 December 2019.
State capture is a multifaceted issue that affects not only legislation but also the court system. In Africa, the judiciary has largely failed to guarantee justice, with the continent ranked as the lowest in the world in access to justice by the World Justice Project.
At a recent meeting at the University of Oxford, a group of 27 experts from Africa and elsewhere discussed the challenges facing the court system in Anglophone Africa. They identified issues such as backlog of cases, mountains of case bundles, and excessive use of paper as major obstacles to justice.
Experts agree that the current justice system in Africa is in dire need of reform. The inclusion of technology alone will not solve the problem, as it may only mask the underlying issues. Instead, a comprehensive approach that addresses the human and technical aspects of the system is needed.
Botswana and Namibia have carried out structural reforms to their justice system, and their experience can serve as a model for other African countries. The reforms involve drafting new civil and criminal procedural legislation, training court users, and introducing changes to the legal training curricula in law schools.
Ultimately, the goal is to create a court system that is user-centred, efficient, and just. This requires a deep understanding of the challenges facing the system and a willingness to address them head-on.
As one expert noted, 'We need to identify salient human and technical aspects that jeopardise the process of justice.' This includes rethinking legal education to stop teaching students to perfect the art of manipulation and introducing new technologies such as cloud-based case management systems and artificial intelligence bots.
However, experts also caution against the misuse of technology. A recent example is the COMPAS algorithm, which was found to have a racial bias. This highlights the need for careful consideration and contextualisation of technology in the justice system.
Ultimately, the challenge ahead is huge, but it is not insurmountable. By working together and addressing the underlying issues, it is possible to create a court system that is just, efficient, and effective.
