Judicial Independence under the APRM: From Rhetoric to Reality

This research paper examines the role of judicial independence within the African Peer Review Mechanism (APRM), arguing that the judiciary's contribution to good political governance is understated and marginalized in the mechanism's assessment reports.

• The African Peer Review Mechanism (APRM) marginalizes the role of the judiciary by explicitly listing an 'independent judiciary' only as a component of the separation of powers. This narrow focus overlooks the judiciary's potential contributions to 'good political governance', including the protection of civil, political, and socioeconomic rights, the fight against corruption, and addressing policy issues like land rights and basic service provision.
• Country Self-Assessment Reports (CSARs) and Country Review Reports (CRRs) under the APRM underplay the intersecting roles of the judiciary in securing good political governance. While these reports catalogue elements of weak judicial independence, they lack concrete action items and benchmarked goals, often focusing on negative aspects rather than the enabling conditions required for an assertive and autonomous judiciary.
• The paper analyzes APRM findings specifically from Uganda, Lesotho, and Tanzania to identify gaps in the CSARs and CRRs regarding judicial independence, the separation of powers, and the protection of rights, with the goal of suggesting adjustments to the APRM questionnaire and assessment process.

APA

South African Institute of International Affairs (2015). Judicial Independence under the APRM: From Rhetoric to Reality. https://saiia.org.za/research/judicial-independence-under-the-aprm-from-rhetoric-to-reality/

Chicago

South African Institute of International Affairs. Judicial Independence under the APRM: From Rhetoric to Reality. 2015. https://saiia.org.za/research/judicial-independence-under-the-aprm-from-rhetoric-to-reality/.

Wikipedia

{{cite report |author=South African Institute of International Affairs |title=Judicial Independence under the APRM: From Rhetoric to Reality |date=2 April 2015 |url=https://saiia.org.za/research/judicial-independence-under-the-aprm-from-rhetoric-to-reality/ |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{southafricaninstituteofinternationalaffairs2015judicial, author = {{South African Institute of International Affairs}}, title = {{Judicial Independence under the APRM: From Rhetoric to Reality}}, institution = {South African Institute of International Affairs}, year = {2015}, month = apr, url = {https://saiia.org.za/research/judicial-independence-under-the-aprm-from-rhetoric-to-reality/}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }