Africa: Concerns About Inequality and Lack of Integrity in the Courts Leave Access to Justice Out of Reach for Many Africans

Only half are confident that their country's legal system provides justice for ordinary citizens.

Key findings

  • Formal and informal justice systems continue to coexist: Across 38 countries, almost half of citizens see the police (41%) or local courts (7%) as their first point of contact for resolving legal problems, but 26% would go first to traditional leaders, traditional courts, or elders. Preference for informal mechanisms is much higher among rural inhabitants (47%), the poorest respondents (41%), and the least educated (53%).
  • On average, only half (50%) of Africans express confidence that ordinary citizens can obtain justice in the courts. Perceptions of fairness and timeliness in courts are similarly weak: A bare majority (51%) believe they could obtain a fair court outcome, while only 43% think cases are likely to be resolved in a reasonable time.
  • Perceived inequality in the courts is also a widespread problem: A majority (59%) of Africans believe people are "often" or "always" treated unequally under the law.
  • Cost presents a significant barrier to using the courts to resolve problems. Only one in four Africans (25%) are aware of available legal-aid services, although 53% think they could find legal help if they needed it. But only 46% think they could afford such assistance, and just 44% believe they could afford court costs.
  • Concerns about court integrity may also limit access to justice. Trust in courts (44%) and police (44%) is low, and perceptions of corruption among judges and police are higher than for other institutions. A majority (51%) of citizens also believe that judges often base their decisions on influence from politicians and other powerful people, rather than the law.
  • Confidence in the courts is strongly associated with perceptions of court integrity and equal treatment. In contrast, high costs may keep people from using the courts, but they do not appear to undermine confidence in just outcomes and the rule of law.
  • The largest differences in access to justice are related to individual economic status: The wealthiest are much more confident that they can obtain justice (61%) than the poorest respondents (43%).
  • Although women may face particular challenges related to violence, harassment, and discrimination in society, and large majorities say the legal system should do more to protect them, there are only minor gender differences on key indicators of access to justice.
  • On average, more democratic countries do modestly better than non-democratic countries in providing their citizens with access to justice, but there are also gaps and stark exceptions. A stronger indicator of local access to justice is respect for the rule of law at the national level: When presidents honour the courts and Parliament, this respect for the law appears to permeate the justice system.
  • Concerns about inequality are also widespread when it comes to the penalties imposed by courts: Almost half (48%) of respondents say the powerful get off too lightly, while only 13% say the same is true for ordinary people.

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Access to justice is a cornerstone of democratic governance. It shapes citizens' ability to claim their rights, hold their leaders accountable, and resolve their legal disputes fairly, effectively, and in accordance with their country's laws and the principles of justice, whether through formal or informal institutions (United Nations Office on Drugs and Crime & OECD, 2025). Achieving it requires laws and institutions of justice that are understandable, affordable, impartial, effective, and accountable (OECD, 2019).

Access to justice has been described as a fundamental human right (Ncube, 2017; United Nations, 2025) and, even more significantly, as an essential tool that "unlocks all other human rights" (South African Human Rights Commission, n.d.). This critical goal is captured in the United Nations' (2026) Sustainable Development Goals Target 16.3, which calls for all nations to "promote the rule of law at the national and international levels and ensure equal access to justice for all." Access to justice is also recognised as a key driver of inclusive economic growth, helping to reduce inequality and social unrest while contributing to stability and predictability, thus fostering economic investment (OECD, 2019).

But access to justice is still not assured for many citizens across the continent, especially for women, the poor, and other vulnerable groups (Malik & Maghani, 2023; United Nations, 2025). Efforts to expand access have been stymied by persistent barriers to ensuring affordability and equitable access to legal representation (United Nations Development Programme, 2024). Declining trust in police and justice institutions have also discouraged citizens from engaging in legal processes (Human Rights Watch, 2023; Hague Institute for Innovation in Law, 2025). And democratic backsliding and retreat from respect for the rule of law in many countries over the past decade have undermined confidence in the integrity of the courts and expectations of fair outcomes (Mo Ibrahim Foundation & Hague Institute for Innovation of Law, 2026). Recent enquiries into delayed prosecution of apartheid-era crimes in South Africa, for example, highlight how prolonged judicial processes and gaps in accountability can undermine citizens' confidence in the justice system (South African Human Rights Commission, 2024; Amnesty International, 2023).

Afrobarometer reported almost a decade ago on some successes, but also many remaining challenges, on the way to achieving access to justice across the continent, including low levels of trust, poor court performance, and lack of confidence in equal treatment for all citizens (Logan, 2017). We revisit these issues now based on new data captured in a special module on access to justice that was included in Afrobarometer's Round 10 (2024/2025) questionnaire.

The findings reveal that universal access to justice is still a distant dream on much of the continent. While there is wide variation across countries, and some record significant achievements, others appear to be facing crises of both public access and public confidence. This mixed outcome is captured in the finding that only half of Africans believe they could obtain justice in their country's courts of law, leaving an equal number still cut off from secure access to this critical right.

Citizens across Africa report a number of pervasive barriers to accessing justice, from high costs to unequal treatment and lack of integrity in the courts. The findings reveal widespread concern about double standards in the legal system that favour the wealthy and powerful over ordinary citizens.

While more democratic countries tend to perform somewhat better than non-democracies on providing access to justice, there are gaps and exceptions. Presidential respect for the rule of law provides stronger predictors of positive access-to-justice outcomes.

In the sections that follow, we will review findings on where Africans turn for justice, on confidence and equality in the courts, on affordability and access to legal services, and on court integrity. Finally, we will briefly review attitudes regarding equitable and acceptable punishment.

Carolyn Logan Carolyn is a senior adviser at Afrobarometer.

Justin Verity Justin Verity is an Afrobarometer graduate research assistant and a Ph.D. candidate at the University of Cape Town.

Hervé Akinocho Hervé Akinocho is the director of the Center for Research and Opinion Polls - CROP, based in Lome in Togo.

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