4661 ISS Policy Brief 17 Customary Justice.indd

This policy brief by the Institute for Security Studies examines the role of customary law within the criminal justice systems of Sierra Leone, Tanzania, and Zambia. It argues that while customary justice is often more accessible and culturally relevant to local populations than formal systems based on English common law, it frequently conflicts with human rights, particularly regarding the status of women.

• Customary law is generally more accessible, faster, and more relevant to ordinary citizens than formal criminal justice systems, which are often viewed as complex, expensive, and alienating due to their roots in colonial English law.
• In Sierra Leone, customary law is formally integrated into the legal system via the 1991 Constitution and 288 local courts. These courts handle land disputes, marriage, divorce, and minor criminal cases where penalties do not exceed a £50 fine or six months' imprisonment.
• Tanzania has largely excluded customary law from its formal criminal justice framework, with the Magistrates’ Courts Act of 1963 abolishing criminal customary law. This disconnection has led to the rise of an unofficial, state-unsupervised criminal justice regime, including the use of traditional militia known as Sungusungu and community punishments for suspected witchcraft.
• Zambia maintains a dual system where formal Local Courts are tasked with enforcing customary law, but these courts are often viewed as lacking expertise because they exclude traditional chiefs and headmen. Consequently, many citizens prefer unofficial chiefs' courts, despite their lack of state support and infrastructure.
• Customary law frequently reinforces gender-based discrimination and violates human rights. In Sierra Leone, this manifests as child marriage and a lack of property rights for women upon divorce. In Zambia, traditional practices often bypass the Intestate Succession Act to privilege male inheritance over widows.
• The document recommends that states formalize and regulate customary justice to ensure it is credible and affordable while implementing safeguards to protect those disadvantaged by traditional hierarchies.

APA

Institute for Security Studies (n.d.). 4661 ISS Policy Brief 17 Customary Justice.indd. https://issafrica.s3.amazonaws.com/site/uploads/NO17OCT09.PDF

Chicago

Institute for Security Studies. 4661 ISS Policy Brief 17 Customary Justice.indd. n.d. https://issafrica.s3.amazonaws.com/site/uploads/NO17OCT09.PDF.

Wikipedia

{{cite report |author=Institute for Security Studies |title=4661 ISS Policy Brief 17 Customary Justice.indd |url=https://issafrica.s3.amazonaws.com/site/uploads/NO17OCT09.PDF |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{instituteforsecuritystudiesnd4661, author = {{Institute for Security Studies}}, title = {{4661 ISS Policy Brief 17 Customary Justice.indd}}, institution = {Institute for Security Studies}, url = {https://issafrica.s3.amazonaws.com/site/uploads/NO17OCT09.PDF}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }