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Fairness in the justice system. Photo credit - AI Generated

Is Justice in Africa a Luxury Reserved for the Rich?

Introduction

In Africa, injustice is often experienced in silence. A worker dismissed without compensation, a woman subjected to violence, or a family deprived of its land may know they have been wronged yet choose not to file a complaint. Not out of ignorance, but because justice seems out of reach. For the poorest, going to court involves unaffordable fees, complex procedures, and time they cannot spare. Facing a system perceived as slow, costly, and intimidating, many give up. When a right cannot be defended, it loses value and ceases to provide real protection. This reality undermines the principle of equality before the law and weakens citizens’ trust in the state. To understand why so many people abandon their rights, it is essential to analyze the obstacles to justice, the social consequences of giving up, and potential solutions to bring justice closer to the most vulnerable.

 

Why the Poor Give Up on Justice

The first barrier is financial. Court fees, lawyers’ fees, transportation costs, and administrative documents create an unbearable burden for many families. Additionally, judicial procedures are often slow, lasting months or even years, forcing litigants to make repeated trips and miss income-generating activities. Many also give up due to lack of information—they do not know their rights or the procedures to follow. Fear is another major factor: fear of retaliation, real or perceived corruption, and the belief that “justice favours the rich” discourage the most vulnerable. Giving up on justice thus becomes a forced choice dictated by survival.

 

Social Consequences of Inaccessible Justice

When citizens abandon their rights, the injustice is not only individual but collective. A sense of unfairness develops, and trust in institutions erodes. Unresolved disputes are often settled through violence, revenge, or the law of the strongest. Vulnerable groups—women, children, the poor, or marginalized people—become even more exposed to abuse. In the long term, inaccessible justice fuels social exclusion and perpetuates a vicious cycle in which injustice passes from generation to generation. A society where justice is available only to a minority cannot stabilize or develop sustainably.

 

Bringing Justice Closer to the Poor

Making justice accessible to the poor requires bringing it closer to where people live. In many rural areas, the distance to courts discourages any action. Developing local justice mechanisms, such as mobile hearings or legal aid centers, allows certain disputes to be resolved without costly travel or complex procedures. Access also depends on human support. Community paralegals, trained in basic law and drawn from local communities, play an essential role. They explain rights in simple language, guide victims, and assist them throughout the process, where lawyers are often absent or inaccessible. Reducing costs and simplifying procedures is also crucial. Streamlined steps, fewer required documents, and well-organized hearings reduce abandoned complaints. Educating citizens about their rights is equally important. Community radio, markets, places of worship, and local associations are key spaces to disseminate clear and useful legal information.

 

Conclusion

Justice should never be a privilege reserved for those who can pay. When it becomes inaccessible to the poor, it loses its meaning and weakens society as a whole. Ensuring equitable access to justice protects human dignity, strengthens citizens’ trust, and prevents conflicts. For a right to truly exist, it must be defendable by all, without distinction.

Sedigui Souleymane JR. Kone

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