Development of the Judiciary in Southern Africa: The Role of Developed Judiciaries

By: Joseph P. Mandala

Graduate Teaching Assistant
The Department of Political Science and Public Administration
Bureau of Governmental Affairs
The University of North Dakota
580 Carleton Court Apt. 218
Grand Forks, North Dakota 58203
Email: zuzemandala@yahoo.com Or joseph.mandala@und.nodak.edu
Phone: 701-777-9725

Abstract:
  
The major achievement of the twentieth century relates to the decolonization of Africa. The past decade however presented another milepost which, with the end of the cold war, led to the democratization of Africa based on the rule of law. Developed democracies of the west played a major role. Emphasis was placed on the rule of law, constitutionalism, and the entrenchment of human rights provisions in African democratic constitutions. Yet as new governments attempt to strengthen modern African states, internal but oftentimes foreign induced political conflicts continue to threaten the gains made on national consciousness to representative democracy. African judiciaries have, with these changes, been saddled by their overwhelming conflict with the executive and the legislative branches of government leading them to make activist judicial decisions. Although there was an increased interest during the decolonization process, and most recently in South Africa, Africa has generally remained off the agenda of western contribution in dealing with such judicial challenges. The paper thus addresses issues facing the judiciary in the wake of political conflicts in Africa. It seeks to answer three important questions. First, have African courts assumed the role of a policymaker in a politically competitive and market-based environment? Second, what obstacles would the judicialization of political economy and the politicization of justice present to the development of Africa? Finally, what role can foreign judiciaries and legal scholars play to overcome the obstacles facing African judiciaries and political institutions?