Policy Analysis Exercise Proposal

Access to justice is a fundamental right guaranteed under Article 18 of the Bill of Rights of the
Zambian Constitution. It is also a prerequisite for the enjoyment of political, cultural,
economic, and social rights. The Judiciary of the Republic of Zambia is the arm of government
with the mandate to administer justice. Its role is to protect the rule of law and the fundamental
rights and freedoms entrenched in the Constitution. The right to access to justice is further
strengthened by Article 118(2) of the Constitution which outlines the principles that guide
courts in Zambia in the exercise of judicial authority in particular, that justice shall not be
delayed. This principle is reflected in the Judiciary’s vision which is ‘To provide timely and
accessible justice to all’. However, this vision and the aspirations of the people as codified in
the Constitution are far from being realized because congestion, backlog, and inordinate delays
in the disposal of court cases are unfortunate realities of the Zambian judicial process. Some
of the factors that have been cited as causes of the problem include insufficient funding from
the executive, adjournments that exacerbate delays, the complexity of court procedures,
insufficient human resource, and inadequate infrastructure.

Over the years initiatives have been put in place to address the problem such as Task Forces
constituted to dismantle backlogs and pending judgments. Other initiatives include the
introduction of specialized divisions in the High Court. Notwithstanding these initiatives, the
situation has continued to be a perennial reality. The latest data contained in the 2021 Annual
Report of the Judiciary reveals a concerning state of affairs that must be addressed urgently.
This is because studies have shown that inefficiencies in judicial administration can have far-
reaching consequences for a developing country like Zambia that range from eroding public
confidence to detrimental effects on economic growth.

The purpose of this Policy Analysis Exercise (PAE) is to proposition the judicial reforms that
Zambia’s judicial administration must embark on to address the perennial challenge of
inefficiencies in its system that result in backlog and delays in the delivery of judgments. This
will be achieved through the analysis of literature on various policy options for judicial reforms.
The PAE will also look at the literature on the effectiveness of these reforms in common law
jurisdictions that have successfully implemented them or are making good strides and those
that have not successfully done so. The PAE will recommend a structured and phased approach
in the implementation of reforms beginning with the strengthening of Alternative Dispute
Resolution mechanisms as an effective tool to reduce the number of cases that are resolved

1
through the formal court system without compromising justice delivery or requiring significant
funding. Secondly, the simplification of judicial processes and repeal of post-independence
transplanted rules of procedure/legislation and the enactment of legislation that speaks to the
Zambian context. Thirdly, incentive-oriented reforms that enhance the accountability of
adjudicators for delays in the disposal of cases which should be reflected in legislation. Lastly,
a shift from the executive-led administrative system to an independent body to achieve
administrative and budgetary imperatives informed by the needs of the Judiciary.