Draft:Africa Judges And Jurists Forum

Martin Okumu Masiga, Prof Lady Justice Lillian Tibatemwa, CJ Emeritus David Maraga, and Dr Justice Alfred Mavedzenge, all AJJF Officials attending a Africa CJ's Summit on ADR in Kampala, Uganda.

The African Judges and Jurists Forum (AJJF), founded by Advocates Martin Okumu-Masiga and Arnold Tsunga in 2012, is registered as a non-profit organisation 114-472NPO in South Africa. Its offices are located in Uganda (Kampala) and South Africa (Johannesburg). AJJF is an influential pan African network of eminent women and men judges and jurists who are committed individually and collectively, to promoting the rule of law and development in Africa.

The governance architecture of AJJF consists of the General Convention, the Judicial Elders' Council (JEC), the Board and the Secretariat. JEC consists of eminent former Chief Justices. Currently, JEC is constituted by retired Chief Justices who have a distinguished career in establishing strong, independent and impartial judiciaries and who retired from the bench when they were still influential among their peers and possessed strong conceptual and leadership skills utilisable in AJJF programming. The JEC currently comprises of Honourable Retired Chief Justices Willy Mutunga (Kenya), Mohamed Chande Othman (Tanzania), Ernest Sakala (Zambia) and Retired Chief Justice Mahapela L. Lehohla (Lesotho).^[1] The Secretariat of AJJF is headed by the Secretary General Martin Masiga, supported by a team of legal experts, administrators, communication and finance practitioners.

The work of the AJJF is currently organised around the following thematic areas;

1. HUMAN RIGHTS: Promote the respect for constitutionalism, human rights and the rule of law in Africa in a manner consistent with regional and universal human rights law
2. IMPARTIALITY: Promote and improve the impartial and effective administration of justice in accordance with regional standards and universal principles of the rule of law
3. TRAINING: Promote the independence, accountability and effectiveness of judges, lawyers and prosecutors through training, the exchange of knowledge and other tools of professional development
4. DEVELOPMENT: Support and complement the legal aspects of the development efforts of the AU and African sub-regional economic communities.
5. PROTECTION: Represent and protect the professional interests of judges, lawyers and prosecutors including Training support to those that may be in distress owing to their professional work
6. NETWORKING: Promote networking and collaborative partnerships of judges and lawyers across the region in a pan-African spirit
7. PEACE: Contribute to the peaceful resolution of political conflict in a manner that is consistent with the rule of law and human rights values
8. SHARED PROSPERITY: Contribute to socio-economic transformation and shared prosperity in the region by enhancing the relevance of judges and lawyers to the developmental challenges in Africa

Statement from President of the Judicial Elders Council  

Our primary role as the Judicial Elders Council (JEC) is to provide high level advice to the Africa Judges and Jurists Forum, and to render any other support that may be required in furtherance of AJJF's strategic objectives, vision, mission and goals. For us in the JEC, the year 2022 has been quite momentous. The major highlights were that Kenya held its general election in 2022, and the Supreme Court had to adjudicate a presidential election petition. Kenya remains one of the leading constitutional democracies on the African continent. As JEC, we are pleased to have been involved in the High Level Mission deployed by the Africa Judges and Jurists Forum to observe the handling of the presidential election petition by the Supreme Court of Kenya. I must stress that the purpose of the Observer Mission was not to evaluate the merits of the case but to monitor the manner in which the Supreme Court was handling the petition and assess if the proceedings complied with regional and international standards including on the right to fair hearing, transparency and accountability.

As the JEC, we also witnessed some challenges between some governments in Africa and members of the judiciary, which in our view could threaten the independence of the judiciary if not properly addressed. These challenges required our attention as JEC, particularly to offer our advice on how Africa Judges and Jurists Forum could offer its support to strengthen the rule of law in the face of these challenges. We are pleased as JEC that, whilst there is some more work to be done, there is considerable progress that is being made to resolve some of these challenges and threats against the independence of the judiciary. We continue to urge our governments on the continent to not only respect but to do everything possible within their powers to protect and promote the independence of their judiciaries. Without judiciaries that are independent, it would be impossible for Africa to resolve some of its most pressing contemporary challenges which include corruption, illicit financial flows and democratic regression. We look forward to 2023 with the anticipation to play a more active and constructive role in promoting the rule of law as a means towards advancing development and democracy on the African continent.

AJJF Previous Activities/Engagements in 2023

a.        Annual Conference of Southern and East Africa Chief Justice Forum. Tanzania

AJJF participated in the Annual conference of the Southern and East Africa Chief Justice Forum held in Arusha, Tanzania, in October 2023. During the conference, AJJF led two panel discussions. One focused on the role of judges in promoting electoral justice and democracy, while the other addressed the role of judges in promoting civic space through the protection of digital rights During the panel discussion on the role of judges in promoting electoral justice, Mr Martin O. Masiga (representing AJJF) shared case studies from different regions of Africa on how best judges can protect and promote constitutional democracy and electoral justice.

During the civic space panel discussion, Dr Justice Mavedzenge (representing AJJF) sensitised the judges of regional and international standards on the protection of civic space and shared case studies on the role which can be played by judges to protect digital rights, including freedom of expression, right of access to information and the right to privacy online. Approximately 40 judges from Southern and East Africa participated in both panel discussions.

b. Study Tour on Reparations for slavery and colonialism.

In collaboration with the African Union’s Economic, Social and Cultural Council (ECOSOCC), AJJF organised a high level study tour to the Caribbean on slavery and reparative justice. Participants in this study tour were African Union Ambassadors, African Jurists and lawyers, academics and Human Rights Defenders.  The aim of the tour was to enable participants to draw lessons from their Caribbean counterparts on how the African Union, African civil society and jurists can collaborate to pursue the agenda to secure reparations for the trans-Atlantic slavery and colonialism. During the tour, participants visited key historical sites and engaged with local experts and activists to learn about the lasting impact of slavery and colonialism. In addition to organising the tour, AJJF also facilitated a panel discussion to sensitize participants on the role of the law in the pursuit of reparative justice, the opportunities and limitations of the international legal system.

c. Participation in the SADC Lawyers Union Annual Conference: Reparations in Luanda, Angola.

On 22 September 2023, AJJF convened and facilitated a panel discussion on reparations to address colonial injustices and rights violated by the transatlantic enslavement of Africans at the Annual conference of the Southern African Development Community Lawyers Association (SADC LA) in Angola. Sixty (60) lawyers participated and were sensitised on the African reparations discourse by the panel discussion. The panel members consisted of Mr Arnold Tsunga of AJJF and Dr Catherine Namakula from the United Nations Permanent Forum for People of African Descents. AJJF supported Dr Namakula’s attendance. The key issues discussed by the panel session were a) the significance of reparations as a remedy for human rights violations arising from colonialism and trans-Atlantic enslavement and b) the role of members or regional bars association and the legal profession in Africa. In particular the panellists emphasised that regional bar associations and legal professionals in Africa have the collective power to shape discourse, lobby for change, and provide the necessary legal services to pursue reparations.

The AJJF sponsored panel emphasised the following: Bar associations can mobilise resources and expertise to conduct research into historical injustices and gather evidence to support claims (test cases) for reparations. Lawyers should considering offering pro bono services to affected communities, helping to file cases to claim reparations for specific cases of historical injustices.

Key highlights of the study tour include:

• High-level plenary sessions bringing together representatives from the African Union, Caribbean Pan-African Network, civil society, and other stakeholders to set objectives and outline strategies.
• Practical workshops and training sessions enhancing participants' understanding of legal frameworks, advocacy strategies, and best practices in the advocacy for reparative justice.
• Site visits to historical sites, museums, and relevant locations providing context and insights into the legacy of slavery and colonialism.

The study tour facilitated networking and collaboration among legal experts, policymakers, and stakeholders from various regions. It served as a platform for sharing experiences, building partnerships, and advancing the collective pursuit of reparatory justice

d. The Kenya Judiciary Academy, Annual Judges Colloquium.

AJJF participated in the Kenya Judiciary Academy's Annual Judges Colloquium, themed "The Judiciary's Role in Realization of the Social Transformation Promise of the 2010 Constitution: Reflecting Back, Holding Ground and Forging Ahead." Held from September 6-8, 2023, the colloquium provided a platform for dialogue among judges from various courts in Kenya. AJJF's involvement included contributions to panel discussions on topics which include the state of judicial independence in Africa, and the role of Kenya in promoting judicial independence on the continent. At the colloquium, AJJF was represented by Retired Chief Justices Othman Mohamed Chande (Tanzania) and Andrew Nyirenda (Malawi)^[1], Justice Moses Chinhengo^[2] and Mr Martin Masiga.^[3]

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[1] Members of the AJJF Judicial Elders Council (JEC).

[2] the Chair of the Board of Africa Judges and Jurists Forum

[3] AJJF Secretary General

e. Accra Reparations Conference.

AJJF assisted in organising and participated in the Accra Reparations Conference held in Accra, Ghana from 14 to 17 November 2023. The conference convened stakeholders from across Africa, and the diaspora to discuss strategies for advancing the reparative justice agenda. AJJF facilitated panel discussions, workshops, and networking sessions, providing a platform for sharing knowledge and best practices. Key topics discussed during the sessions facilitated by AJJF include the legal and moral justifications for reparations, practical challenges affecting the implementation of the right to reparations as a remedy for historical injustices. AJJF was represented by Mr Martin Masiga and Dr Justice Mavedzenge. Through its active involvement at this conference, AJJF contributed to shaping the discourse on reparations and strengthening regional collaboration towards achieving justice for historical wrongs.

AJJF Previous Activities/Engagements in 2022

Africa Judges and Jurists Forum co-hosts a Chief Justices Symposium on digital rights

In collaboration with the Media Institute of Southern Africa, the International Commission of Jurists, the American Bar Association Rule of Law Program, International Commission of Jurists-Kenya, the Advancing Rights in Southern Africa Program, Southern African Chief Justices Forum and the Kenya Judiciary, AJJF conducted a symposium of Chief Justices and senior judges from Southern and East Africa, to discuss the role of the judiciary in protecting digital freedoms. The symposium was held in Nairobi at Safari Park hotel from 21 to 22 April 2022. Ten Chief Justices, nine senior judges and five resource persons (from the academia, legal profession and civil society) participated at the symposium. During the discussions, judges and resource persons exchanged information on the state of internet freedoms in Africa and the legal standards which judges must enforce in order to protect digital freedoms against undue restrictions. They also discussed emerging trends from the African jurisprudence on the protection of internet freedoms. Discussions during each session of the symposium were anchored on a presentation by an expert from the academia, civil society and the judiciary. At the end of the symposium, the Chief Justices and judges agreed that digital freedoms are critical not just for the protection of constitutional democracy but also for the realisation of various socio-economic rights. They further agreed that they would continue to exchange information amongst themselves and across jurisdictions to promote the development of progressive African jurisprudence on the protection of digital rights.

'Africa Judges and Jurists Forum sends Observer Mission to monitor Kenya presidential election petition proceedings'

The Observer Mission published its report in December 2022 in which it found that the petition had been handled efficiently and in accordance with the aforementioned regional and international standards. However, AJJF made some recommendations for consideration by the legislature including on the length of time within which the judiciary is required by law to have determined the petition.

Election meeting in Malawi

In July 2022, AJJF hosted a symposium on the role of the judiciary in resolving election disputes. The symposium was held in Lilongwe, Malawi in collaboration with the Malawi Judiciary, and the African Electoral Jurisprudence Network (AEJN)-a regional forum that brings together judges and individuals who adjudicate electoral disputes in courts, tribunals, and election management bodies from across the African continent. AEJN was co-founded by AJJF in collaboration with the International Federation on Electoral Systems (IFES) and the South Africa Judicial Education Institute (SAJEI).

During the symposium, judges and other legal experts in attendance identified and shared information on the key challenges which confront judiciaries as they adjudicate in election petitions. These include political pressure, time limitations as these disputes must be disposed of within strictly prescribed timeframes, public perceptions of judicial capture and limited information. They also discussed and shared information on how these practical challenges can be mitigated and or addressed.

Werbinar on elections and independence of judiciary

In conjunction with the Electoral Court of South Africa, the International Federation of Electoral Systems (IFES), AJJF participated in organising a Webinar on "Judicial Independence in Election Disputes" under the aegis of the African Electoral Jurisprudence Network. It was held on May 25, 2022. This webinar aimed at providing a forum for judges on the African continent to share relevant experiences, identify common challenges and share some best practices in overcoming threats to judicial independence in electoral disputes in their jurisdictions.

The Fifth Plenary Assembly of the Global Network on Electoral Justice.

A member of the Network, AJJF participated in the Fifth Plenary Assembly of the Global Network on Electoral Justice, which took place October 9 to 11, 2022 Nusa Dua, Bali, Indonesia. It was organized by BAWASLU, the election management body of Indonesia. The Assembly covered 4 main topics, which included:  the nalysis of the 2022 elections and COVID-19 pandemic phase-out strategies; digital media and disinformation in electoral processes; strategies to bring electoral justice closer to citizens: transparency, open data, and social collaboration. The three observatories of  GNEJ (Gender Equality, Judicial Independence and Social Media) was also be presented.

For the first time, the proceedings of the Assembly involved the making of Awards. Launched in May 2021, these awards will be delivered annually with the aim of recognising innovative academic studies on the subject, as well as specific actions carried out by jurisdictional bodies—or other entities responsible for electoral justice—and international organizations.

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