Rule of Law 2.0: Blockchain Technology and the Development of Legal Institutions in Africa

Abstract

The blockchain technology - or more generally, the technology of distributed ledgers (DLT) - has been heralded as a ‘game changer’ for the development of African economies. Whilst the focus of the discussion is usually on private sector applications, most notably including digital currencies such as ‘Bitcoin’, blockchain technology could also be used to improve the administration of public services and to strengthen the rule of law. With a view to the latter, this paper outlines the opportunities of DLT for developing nations in particular and offers an analysis of the most pressing legal and factual challenges that African governments need to resolve. The objective is to illustrate solutions which may be suitable for African jurisdictions in particular, hopefully assisting governments across the continent in developing their own tailor-made approach.