RUDN Journal of Law (Jun 2024)
The evolution of digital legal proceedings in African countries: Nigeria, Egypt and South Africa in the focus
Abstract
The adoption the Digital Transformation Strategy for 2020-2030 by the African Union stands out as a significant milestone in advancing digital agendas and programs across African countries. The integration of digital technologies into the society and economy is acknowledged as a catalyst for fostering innovative, inclusive and sustainable growth. Formulated upon existing ICT initiatives in Africa, this strategy not only holds socio-economic importance for the continent’s development by also play a pivotal role in ensuring digital governance. African countries grapple with challenges such as unemployment, poverty, and digital divide, making the coordinated policy of all states critical for the successful realisization of the digital strategy. Essential components include adequate financing, regional integration, international cooperation and harmonization. The digital transformation of justice holds the potential to address various issues concerning accessibility and efficiency of the judicial method of safeguarding the rights and legitimate interests of citizens and business entities. A notable concern is the lack of trust in the judicial system by over 53% of Africans, emphasizing the need for improvements in legal systems to combat delays, corruption, and hight litigation costs. Moreover, the digital gender gap poses a particular challenge, with only 24% of women in Africa having access to the Internet. Rural women, facing additional societal barriers, encounter difficulties in accessing legal aid, property and economic opportunities. Leveraging digital technologies to enhance justice systems, including through remote court participation and electronic case management, can mitigate these challenges. By facilitating gender-inclusive access to justice, reducing costs and processing time, and enhancing overall judicial efficiency, digital transformation in the realm of justice may pave the way for more equitable legal processes. The theoretical and methodological foundation of the study is rooted in a dialectical approach to understanding social processes and legal phenomena. The objectives of this study also necessitate application of a number of general scientific methods. Methods of analysis and synthesis are employed to examine legal trends in the progression of electronic justice, as well as to compare the evolution of digital justice in Egypt, Nigeria, and South Africa. The unique characteristics of the study’s object - civil legal relations emerging during the exrercise of the right to judicial protection in electronic format - also require the use of private law methods.
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