BY MBONGENI NDLELA
RWANDA – In a stirring address at the East African Court of Justice (EACJ) 3rd Judicial Conference, Chief Justice Bheki M. C. Maphalala stressed the critical need for judicial independence, adherence to the rule of law, and stronger regional collaboration to uphold justice across Africa.
As Chairperson of the Southern and Eastern Africa Chief Justices’ Forum (SEACJF), Maphalala called for African nations to honour their constitutional provisions by safeguarding the judiciary from undue political influence.
He noted with concern that many African judiciaries remain vulnerable to executive interference, which can lead to weakened governance, human rights violations, and a deterioration of democratic principles.
“Many judges in Africa have been dismissed or persecuted for executing their constitutional mandate. The interference in judicial processes renders the judiciary incapable of dispensing justice, thus undermining the rule of law and the fundamental pillars of democracy,” he stated.
Strengthening the judiciary for regional development
The conference, themed “Justice, Ethics, and Enforcement of Decisions: A Judicial Pathway for Regional Development,” brought together Chief Justices, legal practitioners, and development partners to discuss the role of the judiciary in regional integration.
Maphalala underlined that true progress in Africa requires an unwavering commitment to upholding judicial independence and implementing the decisions of regional courts.
He commended the East African Court of Justice for setting a precedent in regional judicial cooperation, calling on member states of the East African Community (EAC) to provide sufficient budgetary support and human resources for the Court’s operations.
He further urged governments to create an enabling environment that allows courts to function independently, ensuring that their rulings are respected and enforced.
“Justice knows no borders,” he asserted. “Together, as custodians of the rule of law, we have an opportunity to shape a future where our courts are not just guardians of justice within our nations but also pillars of regional unity and cooperation.”
Reparations for historical injustices
Maphalala also highlighted the African Union’s call for reparations for historical injustices, a movement gaining traction across the continent. Citing key declarations such as the 1993 Abuja Proclamation and the 2023 Accra Proclamation, he emphasized the need for redress on issues stemming from colonialism, the transatlantic slave trade, land dispossession, and resource exploitation.
“There is a resurgence of reparation claims across Africa as nations seek justice for historical wrongs that have long hindered socio-economic progress. The judiciary must play a central role in facilitating these efforts,” he noted.
Call for greater regional collaboration
Maphalala urged African judicial bodies to move beyond working in isolation and instead foster cross-border cooperation in tackling shared legal challenges. He reaffirmed SEACJF’s commitment to regional engagement, highlighting the importance of harmonizing legal frameworks and building judicial capacity.
“Our continued collaboration has the potential to open doors to knowledge-sharing, capacity-building, and the harmonization of legal standards. No institution can thrive in complete isolation,” he remarked.
The conference concluded with a collective commitment to strengthening judicial systems and fostering deeper cooperation among African courts.
Maphalala expressed optimism that the resolutions adopted would lead to tangible improvements in the independence and effectiveness of judiciaries across the continent.
“Let this conference mark the beginning of a long and fruitful partnership. With our collective dedication, we will ensure that justice remains the cornerstone of regional development,” he concluded.
As Africa moves toward greater regional integration, Maphalala’s impassioned call for judicial independence and cross-border cooperation serves as a powerful reminder that sustainable development is only possible when justice is upheld for all.
