Integrating traditional and formal justice delivery systems: Can a hybrid justice delivery system improve access to justice in Zambia?

Let’s face it: for many Zambians, getting justice isn’t as simple as walking into a court. In districts like Kawambwa, we find that one Subordinate Court has to serve vast areas, leaving many rural dwellers struggling for timely help. On top of that, we observe that there aren’t enough legal aid providers to go around, and that the official procedures are confusing and out of touch with local realities. Our research shows that meaningful access to justice is collectively inhibited by many things: legal illiteracy, entrenched cultural and/or patriarchal beliefs, extreme poverty, widespread gender inequities that disproportionately affect vulnerable women, staff shortages, under-resourced police service, and lack of legal representation, among others. These challenges force people in rural areas to rely on informal methods that they trust like traditional dispute resolution to solve their problems.

We recently published the Zambia - Assessment of Access to Justice and Alternative Dispute Resolution Systems Study and our findings suggest that integrating traditional and formal justice delivery systems can substantially help rural communities bridge the justice gap.

Traditional justice: A friendly, local solution
Traditional dispute resolution isn’t something new in Zambia. Our recent study on Access to Justice and Alternative Dispute Resolution (ADR) shows that these local traditional systems are accessible and deeply connected to a community’s way of life. For people living in remote districts, such as Kawambwa, the local chief–not a state court–is the trusted problem solver. As such, traditional leaders often hold the key to resolving disputes, handling everything from family disagreements to land conflicts. Moreover, these local “courts” are familiar and approachable because they work in the language and customs of the people. Our study reveals that many residents feel a natural trust in their local leaders because they understand the community’s needs and values. This trust, along with the lower cost and simplicity of the process, makes traditional justice a natural alternative when formal courts seem too far away or too complex.

A Collaborative Approach to Justice Reform
Our study highlights that Zambia’s justice system can be much stronger if it builds on both traditional and formal systems. Instead of replacing one with the other, a setup where these two systems work hand-in-hand can be transformative. Below are some ideas informed by our research to achieve this:

• Connect the dots: We should create pathways between traditional dispute resolution forums and formal courts so that cases that exceed local limits can move smoothly between the two.
• Build skills together: We should offer training and resources to traditional leaders so they can handle disputes while ensuring that basic rights are protected.
• Talk the talk: We should launch community-friendly legal literacy programs in local languages to disseminate vital legal-related information and/or sensitize local residents on their rights and available legal avenues they can exploit.

By weaving traditional methods into the broader legal system, we can create a justice system in Zambia that truly works for everyone. Using this approach will ease the pressure on crowded courts whilst honoring the local culture and practical needs of the community.

Looking ahead: Engaging communities and shaping policy
Real meaningful change will only happen when communities and policymakers come together. This entails that successful justice reforms will need high-level leadership along with ongoing community involvement. As such, this will require:

• A team effort: The Ministry of Justice, Ministry of Finance and National Planning, and local governments should collaborate to align resources and strategies.
• Learning as we go: There is need for regular assessments and data collection to help shape and refine new policies.
• A special focus on women: Since women often face extra hurdles, we should advocate for initiatives that include tailored support, such as female mediators, as well as provide specific legal aid to fight gender-based violence (GBV).

In conclusion, our study shows that traditional justice systems in Zambia aren’t relics of the past – they’re living and evolving solutions that meet communties’ needs. Hence, with a little creativity and a lot of cooperation, there’s a real chance that Zambia can build a more inclusive and effective justice system that truly serves everyone.

Authors’ Note:
The authors wish to acknowledge the use of o3-mini-AI to summarise and generate the initial raw draft blog from the actual report on Assessment of Access to Justice and Alternative Dispute Resolution System. This content was vetted by World Bank editorial staff for accuracy.