4366 New ISS Monograph 161.indd

This conclusion to Monograph 161 by the Institute for Security Studies analyzes the gap between the normative standards of criminal justice and the actual practice within African countries. It argues that inherited colonial legal systems often fail to meet contemporary needs, leading to inequities where access to justice is mediated by political, economic, and ethnic affiliations.

• There is a significant tension between the normative criminal justice standards endorsed by African governments—which are aligned with the UN, AU, and regional organizations—and the actual practice on the ground. This gap is driven by authoritarian governance, ineffective procedures, and law enforcement institutions that are unaccountable, under-equipped, and inaccessible.
• Criminal justice systems in Africa are characterized by inequities that favor wealthy individuals, specific political factions, or ethnic groups currently in power. This is exemplified by the administration of bail, which is hindered by technical incompetence and a failure to respect the rule of law.
• A primary cause of systemic failure is the reliance on inherited colonial legal systems, such as Roman Dutch Law, which do not reflect the socio-economic conditions, customs, or mores of post-colonial African states.
• The coexistence of multiple, sometimes incompatible, justice systems within a single country creates coordination challenges and inconsistent quality of justice. In Nigeria, for example, Islamic law is applied in the north while a standard international formal system operates in the south.
• There is a push toward restorative justice and alternative dispute resolution (ADR) to address the delays and failures of formal systems. Uganda has innovated with 'court-based ADR,' a structured negotiation process using trained mediators that is now mandatory in its commercial court.
• The persistence of retributive rather than restorative justice has allowed African leaders to use the criminal justice system as a tool for maintaining power and settling political scores, treating citizens as subjects rather than citizens.

APA

Chikwanha, A. B. (n.d.). 4366 New ISS Monograph 161.indd. Institute for Security Studies. https://issafrica.s3.amazonaws.com/site/uploads/M161C6.PDF

Chicago

Chikwanha, Annie Barbara. 4366 New ISS Monograph 161.indd. Institute for Security Studies, n.d. https://issafrica.s3.amazonaws.com/site/uploads/M161C6.PDF.

Wikipedia

{{cite report |last1=Chikwanha |first1=Annie Barbara |title=4366 New ISS Monograph 161.indd |publisher=Institute for Security Studies |url=https://issafrica.s3.amazonaws.com/site/uploads/M161C6.PDF |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{chikwanhand4366, author = {Chikwanha, Annie Barbara}, title = {{4366 New ISS Monograph 161.indd}}, institution = {Institute for Security Studies}, url = {https://issafrica.s3.amazonaws.com/site/uploads/M161C6.PDF}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }