It is believed that nations that have a fairer and faster legal system function very well and attract the needed investors both at home and abroad. However, in numerous African nations, the legal framework is moderate and for the most part unjustifiable as courts that work viably are elusive while a few judges take ages to determine question or need autonomy.
Fortunately some African nations have, throughout the years, created the absolute best courts and a free legal executive that has made the landmass glad. This, among others, was contained in the World Economic Forum (WEF) Global Competitiveness Index 2017-2018 that completed an examination in 137 nations around the globe, considering factors like the autonomy of the legal framework from the administration, people or corporate impact.
Below are the top five African countries that have made progress with regards to judicial independence:
It is currently having the best judicial system in Africa as it ranked first in Africa and 23rd globally, making it one of the finest in the world, attaining higher scores than USA, France and Germany. Scoring 5.6 out of 7 on the ranking scale, authorities in Rwanda have often attributed this feat to the judicial reformsadopted in the country which came with a series of new laws, new court structures to judge among others cases of the genocide against the Tutsi and a “modern” professional judiciary.
Ranking 29 globally, this is the second country in Africa that has improved its judicial independence, scoring 5.3 out of 7 on the ranking scale. In 2016, the country made a historic move in its legal history by establishing an independent body of the Judiciary that separated it from the Ministry of Justice. This ensured administrative and financial independence as it improved the country’s legal environment and enhanced the public trust in the judiciary.
In every country, ensuring the right to full legal representation before the courts is essential for the justice system and for public trust, and Egypt does not fall short of that. The country boasts of free access to the justice system and legal aid that are both constitutional rights. These can be found in various legislative instruments including the Criminal Procedures Code, Family Law, Advocacy Law, Child (Juvenile) Law, and Human Trafficking Law. Scoring 5.1 out of 7 on the ranking scale, Egypt is the third African country with the best judiciary.
Courts in Mauritius were recently described as “well-reasoned and fair” institutions that offer clear and understandable judgments. The most democratic African country has a constitution that provides for the institution of an independent judiciary which is based on the concept of separation of powers. Scoring 5.0 out of 7 on the ranking scale is therefore not surprising, making the country the fourth best with regards to judicial independence in Africa.
The country boasts of some of the unquestionable judges who have been able to stand up to the governments of the day, to the extent of overturning some appointments made by governments, including that of the former president, Jacob Zuma. There has also been an improvement in court accessibility with the existence of pro bono and legal aid services for the poor. With unity in diversity in terms of appointments (increased blacks as compared to the whites in the Office of the Chief Justice), South Africa has one of the independent judicial systems in Africa, scoring 4.9 out of 7 to make it 36th on the global stage and fifth best in Africa.