Exploring The Factors Influencing The State Of Physical Infrastructure Of Subordinate Courts In The Republic Of Zambia

The Judiciary, as the guardian of the Constitution, through its Courts, plays its principle role of administering justice, promoting the rule of law and protecting human rights of individuals, as such it should be housed in proper fit for purpose infrastructure. However, the Judiciary in Zambia, especially at Subordinate Court level, has continued to operate in pre-independence court buildings which are too small and not conducive for the dispensation of justice in the modern era. Though the challenges facing the Judiciary, are visible, there is little empirical knowledge about the factors that account or affect the quality of the entire judicial infrastructure

The study, therefore, examines the factors contributing to the state of physical infrastructure of Subordinate Courts in the Republic of Zambia. It aimed to address four research concerns: (1) to investigate the influence of judicial fiscal autonomy on the state of physical infrastructure of Subordinate Courts; (2) to assess the influence of the administrative capacity of the Judiciary on the state of physical infrastructure of Subordinate Courts; (3) to establish the influence of stakeholder involvement on the state of physical infrastructure of Subordinate Courts; and (4) to determine the influence of subordinate Court locality on its state of physical infrastructure.

A mixed-methods sequential explanatory approach was used to examine the factors influencing the state of physical infrastructure where both quantitative and qualitative data provided deeper insight and explanation to the problem. A total of 350 respondents, purposively drawn from 40 districts, constituted the sample and participated in interviews, focus group discussions and informal interactions. Data was assessed by frequency, moderation and multiple regression analyses on the dependent variables. The Chi-square results from Statistical Package for Social Sciences software package was used to determine associations between variables and determine the p-values.

The findings revealed that there is limited administrative capacity in the Subordinate Courts. The Subordinate Courts are also extremely underfunded. In addition, stakeholders have not been meaningfully involved in the design and management of judicial reforms. This has left the Judiciary without any form of social accountability. The study showed that the variables judicial fiscal autonomy, judicial administration capacity and stakeholder participation had a correlation with the quality of court infrastructure. However, Chi-square analysis suggested there is no relationship that existed between location of the Subordinate Court and the state of its physical infrastructure. The study proposes an Ordinal Logistic Regression Model to facilitate better understanding and analysis of the determinants of judicial transformation.

It recommends that there is need to strengthen the current legal framework to guarantee greater fiscal independence of the Judiciary and provide for fiscal rules to guide the management of the Judiciary Budget. In addition, it recommends the development of a strategy aimed at enhancing the Judiciary’s administrative capacity. Lastly, it recommends the development of a comprehensive consultation and collaborative mechanism to ensure greater participation of stakeholders in judicial modernisation and transformation.