Zambia’s Two-Tier Justice System: Why ADR May Hold the Key to Legal Equity for All

The World Bank’s report reveals that Zambia’s formal justice system remains largely inaccessible to underserved populations, with legal illiteracy, poverty, and geographic isolation creating major barriers. It advocates for strengthening and mainstreaming Alternative Dispute Resolution (ADR) mechanisms as more accessible, culturally relevant pathways to justice.

The World Bank’s report, Access to Justice and Alternative Dispute Resolution in Zambia, developed in collaboration with the Southern African Institute for Policy and Research (SAIPAR), delivers an urgent and revealing analysis of the country’s legal system. Unlike its 2022 predecessor, which emphasized institutional reforms within the judiciary, this assessment turns the spotlight on the people who must navigate that system, particularly those in rural and underserved regions. Led by Lobna Ahmed and Donna Andrews, the study exposes both the silent failures of formal legal pathways and the untapped promise of alternative dispute resolution (ADR) mechanisms. With detailed casework from Kawambwa District and broad consultations with civil society, public officials, and local communities, the report provides a compelling argument for rethinking how justice is delivered in Zambia.

Kawambwa: Where the Law Is a Distant Dream

Kawambwa District in Luapula Province, chosen as the field site for this assessment, encapsulates the isolation and systemic neglect experienced by much of rural Zambia. With only one subordinate court staffed by a lone magistrate and no legal aid office or practicing lawyers, residents are often forced to resolve disputes outside the formal justice system. In practice, people turn to village chiefs, church elders, family members, or even political officials to settle legal issues ranging from land disputes and domestic violence to accusations of witchcraft. Church leaders wield significant influence, often discouraging followers from engaging with the formal justice process. The absence of formal legal representation is not simply a matter of preference, it is a reflection of a justice system that is out of reach, both geographically and culturally.

Key obstacles identified in Kawambwa are echoed in other underserved areas. Legal illiteracy prevails, and court procedures, conducted in English, governed by complex rules, and involving unaffordable fees, are seen as alien. Women, in particular, face immense barriers due to patriarchal norms and economic dependence. Geographic isolation further deepens inequality, as poor road networks and long distances make access to justice infrastructure a physical and financial impossibility for many.

The Case for ADR: Local, Flexible, and Familiar

In contrast to the remote and rigid court system, ADR mechanisms offer a more accessible and culturally resonant form of justice. Zambia’s Constitution explicitly recognizes and encourages the use of ADR, including traditional forms. These systems operate with greater flexibility and are more responsive to community norms and needs. Court-annexed mediation, employment mediation, criminal diversion programs, arbitration, and various forms of traditional dispute resolution are among the avenues explored in the report.

However, the existing ADR framework suffers from serious deficiencies. Mediation programs within the court system are underused and underfunded. Mediators are poorly compensated, earning as little as US$31 per session compared to US$190 in Kenya, discouraging qualified professionals from participating. Meanwhile, private mediation remains largely unenforceable due to the absence of supporting legal frameworks. Even newly introduced mechanisms like criminal diversion under the 2022 Children’s Code remain unimplemented due to lack of infrastructure and trained personnel.

The situation is similar for arbitration, which is predominantly used by large businesses and international players. It is expensive and concentrated in urban centers, leaving ordinary citizens and small businesses out of reach. The few existing institutions, like the Lusaka International Arbitration Centre (LIAC), show promise but need sustained support and integration into broader justice reforms.

Traditional Justice: Trusted but Unregulated

Traditional dispute resolution mechanisms, led by chiefs and village headmen, remain the dominant form of justice for the majority of Zambians, particularly in rural areas. These forums are trusted, familiar, and highly accessible. They operate with localized processes and often adapt to contemporary norms, such as gender balancing among adjudicators and a growing awareness of rights-based issues. In Kawambwa, for instance, some traditional courts include female judges and show growing sensitivity to children’s rights and gender equity.

Yet, the report warns that the very informality that makes traditional systems appealing also poses significant risks. There are no enforceable codes of conduct, accountability frameworks, or appeal mechanisms. Fees are often paid in kind, livestock or food, leading to potential abuse. In areas far removed from the formal court system, citizens may not have the option to reject or appeal traditional rulings, raising serious concerns about due process and human rights protections.

A Blueprint for Reform: Centering the People in Justice

The report lays out a comprehensive set of recommendations, emphasizing that reform must begin with strategic and political commitment. It calls for the creation of a Technical Working Group within the Ministry of Justice to coordinate and drive ADR reforms. The group would help integrate ADR into national development plans, develop enforcement and accountability structures, and work to professionalize both modern and traditional mechanisms.

Additional recommendations include a nationwide legal needs survey, simplification of court procedures, expanded legal literacy programs, and gender-sensitive reforms. Traditional justice mechanisms should be brought under a formal policy framework that respects their cultural value while ensuring constitutional compliance. Financing must be secured to ensure sustainability, whether through government budget lines or support from cooperating partners.

The report offers a vision of justice that is not limited to courtrooms, robes, and gavels. Instead, it champions a pluralistic, inclusive system that recognizes the legitimacy of local customs, the urgency of reform, and the dignity of all Zambians. It is a call to action for policymakers, legal professionals, and community leaders alike to reimagine what justice means and how it can truly be delivered to everyone.