12 January, 2017


GOAL 16 Book CoverGoal 16 of the Sustainable Development Goals (SDGs) seeks to “promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels”. During 2016, the Southern Africa Litigation Centre, in conjunction with the National Association of Women Judges and Magistrates, the Malawi judiciary and the International Commission of Jurists, convened colloquia in Botswana, Malawi, Zambia and Zimbabwe to encourage discussion on the role of the judiciary and legal profession in achieving Goal 16. This publication seeks to further broaden these discussions so that the achievement of Goal 16 moves from the conceptual to impactful initiatives. The book follows on a previous publication entitled Using the Courts to Protect Vulnerable People: Perspectives from the Judiciary and Legal Profession in Botswana, Malawi and Zambia. As with the previous publication, judges and lawyers in the region reflect on existing barriers to ensuring equal access to justice for all and recent jurisprudential and legal developments that indicate steps towards the achievement of the targets set in Goal 16 of the Sustainable Development Goals.


Download the full Book here.


Individual sections:

IntroductionAnneke Meerkotter

Judicial Independence as an Essential Aspect of the Rule of LawThomas S. Masuku J

The Importance of Promoting Judicial Independence in the Southern African RegionKaajal Ramjathan-Keogh

Judicial Integrity and Independence: The South African Omar Al Bashir MatterAngela Mudukuti

Women’s Economic Rights: Removing Barriers to Women’s Access to Justice in MalawiRachel S. Sikwese J

Beyond Symbolism and Rhetoric: The Role of the Legal Community in Advancing Access to Justice and Development for Persons with DisabilitiesChipo Nkhata, Johnson Jasson and Annabel Raw

Protecting Rural Zambian Communities from Displacement Resulting from Land-Based InvestmentBrigadier Siachitema

Access to Complaints Mechanisms for Victims of Healthcare Discrimination: A Developmental ImperativeAnnabel Raw

The Death Penalty in Botswana: Time for a Re-Think? Dr Elizabeth Macharia-Mokobi

The Role of the Judiciary in Safeguarding and Ensuring Access to Criminal Justice: The Case of Zambia, Anderson Ngulube

The Role of the Judiciary in Safeguarding and Ensuring Access to Criminal Justice during the Pretrial Stage: The Case of MalawiDorothy nyaKaunda Kamanga J

Sustainable Development Goal 16 and Access to Justice: The Case of Lay Magistrates in Malawi,Zione Ntaba J

Jurisdictional Limits for Magistrates are Hindering Access to Justice in Malawi, Sylvester A. Kalembera J

Considering the Best Interests of the Child in Decisions on Incarceration of Care-Givers in MalawiChikondi Chijozi and Nyasha Chingore

Some Thoughts on Effective Strategies for Combatting Corruption in the Malawi JudiciaryRezine R. Mzikamanda SC JA

The Court’s Role in Contributing to a Culture of Accountability for CorruptionCaroline James

Legal Identity for All – Ending Statelessness in SADCLiesl H. Muller

Free Access to the Law in AfricaMariya Badeva-Bright and Dr Oluwatoyin Badejogbin

Access to Information in Malawi: The Journey to Date and a Quick Survey of the ATI Bill of 2016, Mandala Mambulasa

Towards Freedom of Association and Universality of Rights: The Botswana Court of Appeal Decision in Attorney General v Rammoge and 19 Others, Tashwill Esterhuizen and Brynne Guthrie

The Ambit of Prohibited Grounds of Discrimination in Botswana’s Employment ActGalesiti G. R. Baruti J

The Right to Equality in Malawi: Recent Developments in Family LawKenyatta Nyirenda J

Balancing National Security and Human Rights: International and Domestic Standards Applying to Terrorism and Freedom of SpeechProfessor Jeremy Sarkin