DIGITISATION OF LEGAL PROCESSES AND ITS IMPACT ON THE RIGHT OF ACCESS TO JUSTICE IN ZIMBABWE

Abstract

Like many jurisdictions, Zimbabwe has adopted digitisation of legal processes. While the concept is progressive and modern, it limits the right of access to justice that is protected by Section 69 of the Zimbabwean Constitution. This article explains the concept of access to justice and its origins. It then brings to light various aspects of digitisation that limit the right of access to justice in Zimbabwe. The article also examines different international instruments ratified by Zimbabwe that promote the right of access to justice. Furthermore, it shows the developments that have been made by jurisdictions such as South Africa, Kenya, Russia, and China pertaining to digitisation of their legal processes. The main aim of showing the developments that have been made by the aforementioned jurisdictions is to look at opportunities that Zimbabwe has by drawing lessons from their different electronic case management systems. Also, regardless of the strides that the selected jurisdictions have made in accessing justice through digitisation of legal processes, they still face challenges that Zimbabwe is facing or might potentially face. Therefore, in the final part, recommendations are made on how the right of access to justice may be realised in Zimbabwe considering digitisation of legal processes.