Access to justice in Africa: Comparisons between Sierra Leone, Tanzania and Zambia

This brief is derived from the country reviews conducted by the AHSI in Zambia, Sierra Leone, Mali, Benin, and Tanzania.

Legal systems play a significant role in development processes from state formation to the enshrining of democratic principles through the constitution; from the provision and protection of human rights to the regulation of economic relationships. Legal systems contribute to the development process as they enable the establishment and strengthening of institutions, stimulate confidence in governance, engender an environment of stability and security, and provide a benchmark for social and economic interaction. In short, they are pivotal to the construction of the foundations necessary for effective development.

However, the role a legal system plays in development may not follow this path. Chronic underfunding and personnel deficits, in conjunction with misuse of the system by ruling political and economic elites, serve to undermine the developmental process. However, arguably it is access, or lack of access, to justice that represents the biggest challenge in positioning legal systems as a champion of the development process.

Author: Richard Bowd, Post-war Reconstruction and Development Unit, University of York, UK.