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A comparative overview of recent trends in judicial appointments: selected cases from Africa

ABSTRACT One of Africa’s major challenges in the last three decades has been the need to restore confidence in the judiciary. During the long years of dictatorial rule, judges were stripped of their independence and appointed or dismissed at the whim of presidents; the public consequently had scant trust in the judiciary. This paper provides a comparative overview of developments in Africa in the last three decades. It seeks to determine to what extent appointment processes promote critical judicial values such as independence, impartiality, transparency, inclusivity and efficiency. Have appointment systems restored public confidence in the judiciary? What are the emerging challenges? It is argued that although some countries have made progress in the quality of judicial appointments, in others serious challenges remain. Nevertheless, the proclivity of the executive to exploit its role in judicial appointments in Africa and thereby undermine the quality of justice remains as strong as ever.