Judiciary and Democracy in Africa: Reflections from SAIPAR’s 2025 Conference

By Marja Hinfelaar, Southern African Institute for Policy and Research (SAIPAR)

In October 2025, the Southern African Institute for Policy and Research (SAIPAR) convened a two-day regional conference on Judiciary and Democracy, co-hosted with the African Judiciaries Research Network (AJRN). Bringing together representatives from the judiciary, legal practitioners, researchers, and scholars from across Eastern and Southern Africa, the conference created a space for reflection on how courts shape—and are shaped by—democratic governance.

From the outset, discussions made it clear that democracy depends not only on the existence of courts, but on their integrity, independence, and accessibility. This theme was taken up early in the programme through a series of papers examining judicial integrity and ethics. Presenters interrogated how judges understand their role in democratic societies, the relationship between judicial independence and accountability, and the extent to which domestic courts engage with international human rights law.

Collectively, these discussions framed the judiciary not as a passive arbiter, but as a central democratic institution whose credibility rests on both ethical conduct and public trust.

These concerns resonated strongly with the opening address by SAIPAR Board Chairperson Vincent Malambo SC. Drawing on his experience as Chairperson of the Judicial Complaints Commission (JCC), Malambo called for greater transparency in judicial accountability processes. He questioned whether confidentiality requirements surrounding disciplinary proceedings risk undermining confidence in oversight bodies and challenged researchers to confront the culture of secrecy that often surrounds accountability institutions. These remarks set a critical tone for the conference, encouraging participants to think beyond doctrine and towards reform-oriented scholarship.

The conference also foregrounded gender justice as a core democratic concern. Through comparative perspectives from Botswana and Malawi, presenters explored how courts have contributed to vindicating women’s rights, while also highlighting gaps in judicial approaches to gender and disability in sentencing. These discussions reinforced the idea that access to justice must be substantive rather than a procedural formality, and that democratic courts must be responsive to inequality and marginalization.

Questions of democracy’s most visible stress points were taken up during the electoral justice sessions on the second day. Presenters examined standards of proof in election petitions, judicial approaches to resolving electoral disputes in Zambia, and the balance between restraint and deference in electoral adjudication. These discussions highlighted the judiciary’s delicate position in electoral politics, where legal reasoning can either stabilize democratic outcomes or deepen political contestation.

The evolving relationship between courts and innovation was explored through panels on access to justice and technology. Presentations addressed barriers faced by persons with communication disabilities, the impact of technology on judicial adjudication, and the growing presence of artificial intelligence in legal proceedings. Presenters reflected on how courts can harness technological change to expand access to justice without compromising fairness, transparency, or due process.

Broader constitutional questions were revisited in discussions on human rights adjudication and constitution-making, which examined free speech, executive power, and the justiciability of executive conduct. The presenters in this panel emphasized constitution-making as an ongoing democratic conversation, with courts playing a vital role in interpreting constitutional values in changing political contexts.

A distinctive feature of the conference was its strong emphasis on emerging scholars. Early-career researchers were given dedicated space to present work on judicial independence, refugee rights protection, alternative dispute resolution, and the interaction between customary law and democratic governance in Zambia. By placing these voices at the centre of the programme, the conference underscored the importance of investing in the next generation of legal scholars.

This commitment to mentorship was exemplified by SAIPAR Research Fellow Dr Pamela Towela Sambo, who co-presented with her student, Ms Likando Faith Aongola, a law graduate from the University of Zambia. Their joint paper, “A Judicial Call to Action: Conquering the Science of Climate Change and Asserting Human Rights through Litigation,” was delivered during the conference’s environmental justice panel discussion. The paper posed a stark question: why has Africa seen so little climate change litigation despite experiencing some of the most severe climate impacts globally? Their research reveals that the continent accounts for only about 20 climate-related cases—11 from South Africa—compared to more than 3,000 worldwide. The presentation called on African judiciaries to engage more assertively with climate science and human rights as a democratic imperative. Beyond dialogue, the conference expects to mark an important milestone in knowledge production. Selected papers will be published in a special issue of the Zambia Social Science Journal, scheduled for release in 2026, which will be open access.

In addition, SAIPAR launched The Supreme Court of Zambia at Fifty: Looking Back and Going Forward, edited by O’Brien Kaaba, Pamela Towela Sambo, and Chanda Chungu. The book reflects on the evolution and impact of the Supreme Court of Zambia, which marked fifty years in its current form in 2023. Since its establishment in 1973, the Court has profoundly shaped Zambia’s legal and political landscape, adjudicating cases ranging from presidential election disputes and high treason to human rights, commercial law, and personal law.

The conference was supported by the Irish Embassy in Zambia and the British Institute in Eastern Africa (BIEA).