ACCESS TO JUSTICE

UNCLAS LUSAKA 000586 SIPDIS E.O. 12958: N/A TAGS: KCOR KDEM PGOV SUBJECT: ACCESS TO JUSTICE ¶1. Summary: In August 2009, emboffs visited local courthouses to observe how citizens access justice. The emboffs concluded that Zambia's judicial system was missing fundamental mechanisms to promote efficiency and fairness. End Summary. ¶2. Using customary and statutory laws, Zambia's dual legal system has 400 local courts, 53 subordinate courts, 11 high courts, and one Supreme court. Only applied in local courts, customary law focuses on civil matters, particularly family issues. Increased urbanization creates new challenges for administering customary law, which varies according to ethnic community. Statutory law carries precedence over customary law, permitting citizens to appeal judgments from local courts. However, the appeal process can be quite cumbersome as high legal and transportation costs place limitations on accessibility. ¶3. Inadequate financial and human resources hamper progress within the judicial system. Low wages inhibit recruitment of highly qualified judges and increase the vulnerability to corruption. In local and subordinate courts, most magistrates lack formal legal training and access to newly developed legislation. At this level, court decisions are a combination of customary law, common sense, and corrupt behavior. Litigants can rarely afford legal representation fees and fall prey to manipulation from minimal knowledge of their legal rights. Staff and funding shortages hinder Legal Aid services geared towards representing poverty-stricken people, especially in rural areas. However, the 2007 Transparency International Human Rights Report indicated 40 percent of households and 25 percent of business managers involved in court proceedings bribed magistrates to evade lengthy judicial processes. This illustrates the strong disparity between wealthy and marginalized groups in accessing justice. ¶4. Failure to incorporate support staff and basic technology gravely impacts the judicial process. The lack of basic record-keeping and case management systems accounts for lengthy court continuances and prolonged remand for offenders. Without adequate court support staff, the roles of judges and magistrates shift from presiding over cases to transcribing entire case details by hand, gathering external information, and posing questions in the absence of a lawyer. Active listening during cases becomes a lower priority, requiring lawyers to simplify arguments and slowly articulate points. ¶5. In, 2002, President Mwanawasa advocated judicial reform during the launch of his anti-corruption initiative. Upgraded court facilities, increased training opportunities, and the construction of new courthouses became unfulfilled commitments inherited by President Banda. Although President Banda stressed the importance of dispensing justice effectively during a press interview, judicial reform has continued at a glacial speed. However, in August 2009, Vice President George Kunda presided over the launch of the Small Claims Courts, designed to empower citizens to engage in court proceedings. Trained commissioners will preside over the Small Claims Courts incorporated in all nine provinces. The Small Claim Courts represent a small triumph, as litigants receive judgments instantaneously. This new process will reduce court delays at all levels. Since the launch, Lusaka and Ndola have received 127 cases. To ensure sustainability, President Banda has pushed for Law Association of Zambia (LAZ) and judiciary members to collaborate, encouraging its members to serve as Small Claims Court commissioners and offer pro bono services. Currently, there are 20 trained commissioners operating in two districts. ¶6. The NGOs and donor community remain committed to improving the judicial system. Justice for Widows, Young Women's Christian Association, National Legal Aid Clinic for Women, and Legal Resources Foundation provide assistance through offering free legal representation, operating mobile legal clinics, and expanding legal training opportunities. The UNDP, European Commission, Irish Aid, and DFID supported the Zambian Parliamentary Reform, geared towards strengthening rule of law. In 2007, Denmark introduced the 'Access to Justice' program to target assistance towards vulnerable women and children attempting to penetrate the judicial system. In June 2009, USAID produced an assessment on Zambia's Rule of Law, which pinpointed financial shortfalls, service delivery, and limited knowledge of legal rights as weaknesses in the justice sector. ¶7. Comment: Isolated programs like 'Access to Justice' raise awareness at the working level, while advocating for institutional change. However, individual programs have a shallow impact as only limited areas receive assistance. BOOTH