Judicial Independence Under Strain – AJIF Report

Prof. Willy Mutunga

 

A new report by the African Judicial Independence Fund (AJIF) has revealed that judicial independence across Africa is under severe strain as many countries grapple with challenges that pose existential threats to the integrity of their judicial systems.

The report, titled, “Overview Analysis of the State of Judicial Independence in Africa,” highlights numerous challenges that threaten the foundation of justice in African nations, including government influence over the judiciary through executive appointments and judicial promotions, as well as disregard for court decisions.

The findings which were released during the launch of the AJIF on Friday, July 26, 2024 provide an in-depth assessment of African judicial independence, focusing on 11 priority countries.

The countries include Angola, Democratic Republic of Congo (DRC), Ethiopia, Kenya, Mali, Nigeria, Senegal, South Africa, Uganda, Zimbabwe, and Ghana.

The report also cites pervasive corruption, eroding public trust leading to selective prosecutions, unfair trials, and violations of due process.

Other challenges identified in Africa’s judicial system are non-democratic power transitions that disrupt constitutional order, threats and attacks on judges, legal professionals, and the influence of ethnicity, regionalism, and gender biases on judicial decision-making and appointments.

The report also identified socioeconomic challenges such as inadequate resources, poor working conditions, and low salaries for judicial officers as factors that increase corruption and external influences and security risks for judges, particularly in conflict-affected regions that further undermines judicial effectiveness and impartiality.

It recommended that the judiciary should be  empowered  to operate free from executive influence by reforming appointment and promotion processes and also implement  stringent anti-corruption measures within the judiciary to restore public trust and fairness,

The report also highlighted the need for measures to address biases related to ethnicity, regionalism, and gender to ensure fair and impartial judicial processes as well as the provision of better protection for judges and legal professionals, particularly in politically sensitive cases.

Speaking at the launch of the report, Prof. Willy Mutunga, former chief justice of Kenya and chair of African Judicial Independence Fund (AJIF)’s advisory board, stressed the importance of judicial independence in upholding democratic governance and the rule of law in Africa.

“Independence of the judiciary is a fundamental pillar of democracy. There is a need to create an environment in which judicial functions can be performed with independence, as one of the three branches of government, without interference.”

“Your active participation and commitment are not just crucial, but they are the driving force behind this transformative journey. You are the architects of this change,” he added.

Africa Judicial Independence Fund (AJIF) is an initiative by Afro Barometer dedicated to support and strengthen judicial independence in Africa to ensure that judicial officers in target countries can execute their mandates in a fair, transparent, and independent manner.

By Ebenezer K, Amponsah

 

 

 

 

 

 

 

 

 

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