This is the 22nd post in a blog series to be published in 2023 by the APET Secretariat on behalf of the AU High-Level Panel on Emerging Technologies (APET)

Ensuring access to justice for all African citizens has long been recognised as a crucial element within democracy, effective government, and inclusive development. From the establishment of states to the constitutional establishment of democratic principles, and from safeguarding human rights to regulating economic interactions, legal systems play a pivotal role in shaping societal advancement. The importance of justice has gained renewed attention in the African Union's (AU) Agenda 2063, particularly in the 3rd aspiration which envisions an “Africa of Good Governance, Democracy, Respect for Human Rights, Justice, and the Rule of Law”.[1] This aspiration underscores the integral connection between access to justice, enhanced socio-economic opportunities, gender equality, and individual financial stability – all essential for equitable and sustainable development and progress.[2]

The law governs every aspect of an individual’s life, spanning health, employment, education, housing, and business. However, widespread barriers to economic involvement arise due to discrimination and unequal access to these domains, particularly impacting marginalised groups. Nonetheless, the functionality and legitimacy of these sectors are intertwined with legal structures. When individuals have access to justice, they can confront these inequalities and engage in legal procedures that foster inclusive development.[3] As such, access to justice encompasses a broad spectrum of issues, spanning fair treatment of litigants, the fairness of outcomes, the efficiency of case handling, and the system's responsiveness to users.

On a broader scale, “access to justice” signifies the impartiality through which individuals of diverse backgrounds can avail themselves of the legal process.[4] Yet, over a billion individuals, notably in sub-Saharan Africa (SSA), lack crucial access to justice, which is essential for safeguarding fundamental rights and combating exploitation to promote overall welfare.[5] The justice gap persists due to the inaccessibility of relevant technologies, chronic poverty and marginalisation, disproportionately affecting the most vulnerable who struggle to uphold rights such as education and clean water access and seek aid against gender-based violence, thereby exacerbating their impoverishment. Pervasive obstacles include extended court case delays, high costs, corruption, intricate legal processes, inadequate legal representation, and concerns about judicial equity, all of which have hindered access to justice.

The African Union High-Level Panel on Emerging Technologies (APET) envisions that the incorporation and integration of emerging technologies, such as machine learning (ML), blockchain and artificial intelligence (AI), can yield a favourable outcome by expediting the dispensation of justice across the continent. These innovative technologies are reshaping the landscape of legal administration and practice, offering avenues for heightened efficiency, transparency, and inclusivity. To achieve this goal, APET emphasises that African governments should allocate resources to emerging technologies while ensuring robust privacy measures to protect the personal data of case participants. Enhancing the internet and technological infrastructure is vital, alongside facilitating access to these resources for marginalised populations, such as reducing internet costs for underserved communities. This approach optimally harnesses emerging technologies, bridges the potential digital divide arising from their integration in court proceedings, and advances equitable access to justice. Moreover, comprehensive training for court personnel in operating digital equipment within courtrooms is imperative.

Illustratively, within the legal realm, machine learning (ML) and artificial intelligence (AI) are assuming escalating significance. These technologies prove indispensable for legal research, adeptly dissecting extensive volumes of data to discern patterns and predict results. AI-driven document assessments expedite the discovery phase of litigation, rapidly identifying pertinent documents and highlighting areas of concern. Such advancements enhance precision and work quality by reducing manual review duration and mitigating human errors. For example, prominent AI legal tools encompass Paralegal AI and Legal Robot.

In addition to AI tools, APET advocates for the use of blockchain technology by AU Member States to enhance security and transparency within legal systems, thereby fostering trust. By providing a secure and transparent digital framework for data storage and sharing, blockchain technology can transform the management of legal contracts and documents. Essential records, such as property deeds or wills, can be securely stored and validated through blockchain technology, thereby, establishing an immutable record that can be easily accessible and verifiable. This innovation could streamline the process of establishing ownership and resolving legal matters related to such documents.

Furthermore, the integration of virtual reality and online dispute resolution platforms can significantly enhance the efficiency of legal representation and promote equitable justice systems across the continent. Virtual reality applications can simulate courtroom environments, enabling legal professionals and judges to engage in simulated trials and refine their expertise within authentic contexts. These applications also utilise algorithms and automated decision-making procedures to aid in conflict resolution, thereby reducing the reliance on traditional litigation for dispute settlement.

In real-world scenarios, African countries have actively adopted these technologies to expedite and achieve justice. A notable instance occurred in 2015 when a British national, Chris Harris, was convicted of child abuse without necessitating the children’s presence in the United Kingdom, where he was located. Through a video link from Kenya, the children provided testimony crucial testimony that contributed to Mr. Harris' conviction.[6] This international video link ensured that even young victims, some as young as 9 years old, could provide testimony in a safe and comfortable environment, thereby, avoiding confrontation with Harris in court.[7]

Within the Gauteng division of the High Court of South Africa, the integration of a digital case management system named “case lines” has facilitated electronic pleading submissions, improved document accessibility, and elevated overall case administration and management. Beyond countries like Ghana, Egypt, Rwanda, and Kenya, numerous African countries have also implemented computerised case management systems like “case lines”.[8] In summary, APET advocates for the comprehensive adoption and integration of digital technology within African courts.  The panel asserts that when thoughtfully developed and effectively implemented, digital tools can offer courts the potential to optimise internal processes, elevate user interactions, and democratise justice accessibility. Leveraging cloud and other technological resources, courts can refine internal workflows, broaden the reach and availability of justice, and enhance the transparency and accountability of court proceedings.

Featured Bloggers – APET Secretariat

Aggrey Ambali

Justina Dugbazah

Barbara Glover

Bhekani Mbuli

Chifundo Kungade

Nhlawulo Shikwambane

[1] https://au.int/en/agenda2063/goals

[2] https://medium.com/sdg16plus/justice-is-key-to-realising-the-africa-we-want-but-were-missing-the-mark-6e54919f8585#_ftn1

[3] https://www.oecd.org/gov/delivering-access-to-justice-for-all.pdf

[4] https://www.oecd-ilibrary.org/docserver/8b8c48af-en.pdf?expires=1691483740&id=id&accname=guest&checksum=93154240C7C056330EF245132AF5C2F7

[5] http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S2077-49072021000200010

[6]https://www.bbc.com/news/uk-england-31599524

[7] https://voelkerrechtsblog.org/leveraging-technology-to-enhance-access-to-justice-for-children-in-africa/

[8] https://www.pinsentmasons.com/out-law/analysis/the-strong-case-for-virtual-hearings-in-africa