A place for tradition in an effective criminal justice system

The document examines the tension between formal legal systems inherited from British colonial rule and traditional customary laws in Sierra Leone, Tanzania, and Zambia. It finds that while customary justice is more accessible, faster, and more culturally relevant to local populations, it often lacks state support or formal recognition and can perpetuate discrimination against women. The brief recommends formalising the role of traditional leaders and integrating customary processes into state-sanctioned systems to create more responsive and credible justice frameworks.

• Customary law is generally more accessible and relevant to ordinary citizens than formal criminal justice systems, which are often viewed as complex, expensive, and conducted in alien languages.
• In Sierra Leone, customary law is formally enshrined in the 1991 Constitution, and local courts handle a high volume of minor criminal cases, though they suffer from a lack of state subsidies and political interference.
• Tanzania has largely excluded customary law from its formal criminal justice framework, leading to the emergence of an unofficial, state-unsupervised traditional regime where human rights violations, such as the punishment of suspected witches, can occur.
• In Zambia, a dual system exists where formal Local Courts are tasked with enforcing customary law but lack the expertise and respect associated with traditional chiefs, leading many citizens to prefer unofficial Chiefs' courts.
• Customary law frequently reinforces gender hierarchies and discriminates against women regarding property, inheritance, and marriage, often bypassing constitutional equality provisions.

APA

Robins, S. (2009). A place for tradition in an effective criminal justice system. Institute for Security Studies. https://issafrica.s3.amazonaws.com/site/uploads/NO17OCT09.PDF

Chicago

Robins, Simon. A place for tradition in an effective criminal justice system. Institute for Security Studies, 2009. https://issafrica.s3.amazonaws.com/site/uploads/NO17OCT09.PDF.

Wikipedia

{{cite report |last1=Robins |first1=Simon |title=A place for tradition in an effective criminal justice system |publisher=Institute for Security Studies |date=October 2009 |url=https://issafrica.s3.amazonaws.com/site/uploads/NO17OCT09.PDF |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{robins2009place, author = {Robins, Simon}, title = {{A place for tradition in an effective criminal justice system}}, institution = {Institute for Security Studies}, year = {2009}, month = oct, url = {https://issafrica.s3.amazonaws.com/site/uploads/NO17OCT09.PDF}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }