Customary justice

This report examines the customary criminal justice system in Zambia, a plural legal system where informal customary laws of 73 ethnic groups operate parallel to a formal statutory system. While the state does not formally recognize traditional courts administered by chiefs, these systems remain viable and preferred by many rural populations due to their accessibility, use of vernacular languages, and restorative approach to justice. However, the system faces significant challenges, including a lack of codification, gender-based discrimination, and friction with state-administered local courts.

• Zambia operates a plural legal system comprising general law based on English law, customary law from 73 different ethnic groups, and rules from semi-autonomous groups such as the church. Customary law is characterized by its flexibility, informality, and lack of codification, meaning it varies by ethnic group, location, and time.
• The customary criminal justice system, administered by chiefs and headmen, continues to operate parallel to the state's judicial system despite lacking constitutional recognition or state backing for enforcement. Many citizens prefer this system over local courts because it is perceived as more democratic, less intimidating, and more efficient, utilizing vernacular languages and familiar environments.
• There is a distinct tension between 'living' customary law (dynamic and flexible) and 'official' state customary law (static). Local courts, established by the Local Courts Act of 1966 to replace traditional courts, are often viewed as hostile and insensitive. A primary point of friction is the Intestate Succession Act of 1989; local courts often misapply this Act, leading to 'property-grabbing' and the erosion of clan-based customary practices.
• Customary justice focuses on restorative outcomes and group rights rather than the punitive, individual-focused approach of the formal system. In murder cases, for example, the system emphasizes reconciliation between families, requiring the accused to cover burial costs and provide compensation to the bereaved family to restore harmony.
• The customary system is criticized for systemic gender-based discrimination and the violation of human rights for women and children. Traditional norms often place women in subordinate positions regarding inheritance and marriage, and the system may treat forced early marriages or defilement as acceptable practices because the justice system is administered by men.
• The lack of written records and codification in the customary system leads to several disadvantages, including the potential for bribery, the subjective application of justice by presiding officials, and difficulties in enforcing oral decisions.

APA

Institute for Security Studies (n.d.). Customary justice. https://issafrica.s3.amazonaws.com/site/uploads/M159CHAP6.PDF

Chicago

Institute for Security Studies. Customary justice. n.d. https://issafrica.s3.amazonaws.com/site/uploads/M159CHAP6.PDF.

Wikipedia

{{cite report |author=Institute for Security Studies |title=Customary justice |url=https://issafrica.s3.amazonaws.com/site/uploads/M159CHAP6.PDF |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{instituteforsecuritystudiesndcustomary, author = {{Institute for Security Studies}}, title = {{Customary justice}}, institution = {Institute for Security Studies}, url = {https://issafrica.s3.amazonaws.com/site/uploads/M159CHAP6.PDF}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }