Question 2
Explain five factors that hamper the effective operation of the justice delivery system in a democratic state.
Observation
This was a question that was attempted by average of the candidates. The performance of the candidates who attempted it was poor as they failed to interpret the question very well.
The candidates were expected to provide the following answers to the question.
- Differences in adjudication mechanism between modern and traditional courts i.e., different scope of jurisdiction and capacities
- Problems with judicial management and internal administration
- Relevant mechanisms and procedures for court cases e.g., filing, registration, disposing, preparation of court proceedings etc.
- Professional, ethical and other accountability mechanisms/considerations
- Corrupt law enforcement agencies
- Prevalence of favouritism, nepotism and cronyism
- Inadequate law courts
- Inadequate legal officers
- Issues of conflicts of interest
- Corrupt judicial officers e.g., clerks, registrars, bailiffs etc.
- Executive interference and manipulation of the court process
- Budgetary control and insufficient resource allocation for administration
- and training
- Weak institutional protection for the operation of the judiciary
- Lack of IT systems and use of the system
- Inadequate infrastructure and equipment
- Differences in justice delivery/Conflicting judgments by courts
- Service delivery and public perception
- Delay in justice delivery systems/processes
- High cost of obtaining justice
- Social and cultural factors
- Inability of the poor to access legal services
- Inadequate professional training for judicial officers
- Poor conditions of service