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Africa - South of the Sahara (from Perspectives on Legal Aid An International Survey, P 12-41, 1979, Frederick H. Zemans, ed. - See NCJ-72478)

NCJ Number
72479
Author(s)
F Reyntjens
Date Published
1979
Length
30 pages
Annotation
Specific problems involved in providing legal aid in Africa are outlined, with emphasis on the implementation of legal assistace in four African countries.
Abstract
The difficulties in obtaining information in Africa, given the lack of legal texts and available publications, are mentioned, and the rationale for a legal aid system in Africa is presented, noting such traditional reasons as the need for effective legal services to the indigent as essential to the proper functioning and integrity of justice and the need for equal access for all citizens to information about the legal system. Circumstances that affect the possibilities of providing legal aid in Africa are examined, such as the high number of indigents, the small number of lawyers, the disparity of jurisdictions, the unification and professionalization of the law, and the loss of pluralism in the legal system. Remarks are offered on the existing statutory legal aid provisions in Africa, which criticize those who claim that legal aid is available, as implementation of statutes is far behind the registering of them in the law. Four countries--Rwanda, Ghana, Zambia, and Tanzania--are examined more closely with regard to their implementation of legal aid systems to assess the actual workings of their legal aid systems and to draw lessons from these countries' experiences. Comments dealing with the future of legal aid in Africa center on the active role of the judge in Africa, the need for simplification of procedures and availability of jurisdictions if legal aid is to be proffered, the need for professional legal resources, the financing of legal aid, and the development of university-based clinical legal aid programs. Final notes emphasize the need for Africa to incorporate existing means for delivering justice into their modernization efforts. Included are 70 notes and references.