zambians' trust in the judiciary still high but begins to decline,legitimacy also suffers

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WWW.AFROBAROMETER.ORG ZAMBIANS’ TRUST IN THE JUDICIARY FALLING, AS WELL AS LEGITIMACY Findings from Afrobarometer Round 6 Survey In Zambia Plot 6465 Libala Road, Kalundu P.O Box 51311, Lusaka, Zambia Telephone: +260 211 293 529 Fax: +260 211 295 178 Cell: +260 966 862 678 Email: [email protected] Website: www.ruralnet.co.zm

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Page 1: Zambians' Trust in the Judiciary Still High But Begins To Decline,Legitimacy Also Suffers

WWW.AFROBAROMETER.ORG

ZAMBIANS’ TRUST IN THE JUDICIARY

FALLING, AS WELL AS LEGITIMACY

Findings from Afrobarometer Round 6 Survey In

Zambia

Plot 6465 Libala Road, Kalundu P.O Box 51311, Lusaka, Zambia Telephone: +260 211 293 529

Fax: +260 211 295 178 Cell: +260 966 862 678

Email: [email protected] Website: www.ruralnet.co.zm

Page 2: Zambians' Trust in the Judiciary Still High But Begins To Decline,Legitimacy Also Suffers

WWW.AFROBAROMETER.ORG

At a glance

• Contact with courts of law: Most Zambians (96%) had

no contact with the courts of law a tribunal in the past

5 years .

• Trust in the judiciary: There is a marginal decline in the

percentage of Zambians who trust the judiciary from

62% in 2012 to 59% in 2014.

• Long term trend in trust: The long term trend, however,

shows that the level of trust has marginally improved

between 1999 and 2014 (from 59% in 1999 to 62% in

2014)

Page 3: Zambians' Trust in the Judiciary Still High But Begins To Decline,Legitimacy Also Suffers

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What is Afrobarometer?

• An African-led, non-partisan survey research project that

measures citizen attitudes on democracy and governance, the

economy, civil society, and other topics.

• Started in 12 countries in 1999, expanded to 35 African countries in Round 5 (2011-2013).

• Goal: To give the public a voice in policymaking by providing

high-quality public opinion data to policymakers, policy

advocates, civil society organizations, academics, news media, donors and investors, and ordinary Africans.

• National Partners in each country conduct the survey. In Zambia,

Afrobarometer Round 6 survey was conducted by RuralNet

Associates Ltd.

Page 4: Zambians' Trust in the Judiciary Still High But Begins To Decline,Legitimacy Also Suffers

Where Afrobarometer works

Page 5: Zambians' Trust in the Judiciary Still High But Begins To Decline,Legitimacy Also Suffers

WWW.AFROBAROMETER.ORG

Methodology

Plot 6465 Libala Road, Kalundu P.O Box 51311, Lusaka, Zambia Telephone: +260 211 293 529

Fax: +260 211 295 178 Cell: +260 966 862 678

Email: [email protected] Website: www.ruralnet.co.zm

• Nationally representative sample of adult citizens

All respondents are randomly selected.

Sample is distributed across provinces and urban/rural areas in

proportion to their share in the national population.

Every adult citizen has an equal chance of being selected.

• Face-to-face interviews In the language of the respondent’s

choice.

• Standard questionnaire allows comparisons across countries and over time.

• Sample size in Zambia of 1,200 adult citizens yields a margin of

error of +/-3% at a 95% confidence level.

• Fieldwork for Round 6 in Zambia was conducted between 1 and 31 October 2014.

Page 6: Zambians' Trust in the Judiciary Still High But Begins To Decline,Legitimacy Also Suffers

Enumerator map

Note: the numbers in the map refer to the number of enumeration areas (EAs) selected in each district.

Page 7: Zambians' Trust in the Judiciary Still High But Begins To Decline,Legitimacy Also Suffers

WWW.AFROBAROMETER.ORG

Survey demographics

Unweighted Weighted

Gender

Male 50% 50%

Female 50% 50%

Total 100% 100%

Plot 6465 Libala Road, Kalundu P.O Box 51311, Lusaka, Zambia Telephone: +260 211 293 529

Fax: +260 211 295 178 Cell: +260 966 862 678

Email: [email protected] Website: www.ruralnet.co.zm 7

Unweighted Weighted

Urban or rural

Urban 43% 40%

Rural 57% 60%

Total 100% 100%

Page 8: Zambians' Trust in the Judiciary Still High But Begins To Decline,Legitimacy Also Suffers

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Survey demographics Cont’d

Unweighted Weighted

Province

Lusaka 19% 17%

Central 10% 10%

Copperbelt 16% 15%

Eastern 11% 12%

Luapula 7% 8%

Northern 8% 8%

North-Western 5% 6%

Southern 11% 12%

Western 7% 7%

Muchinga 5% 5%

Total 100% 100%

Plot 6465 Libala Road, Kalundu P.O Box 51311, Lusaka, Zambia Telephone: +260 211 293 529

Fax: +260 211 295 178 Cell: +260 966 862 678

Email: [email protected] Website: www.ruralnet.co.zm

Page 9: Zambians' Trust in the Judiciary Still High But Begins To Decline,Legitimacy Also Suffers

WWW.AFROBAROMETER.ORG

Survey demographics Cont’d

Unweighted Weighted

Education

No formal education 8% 8%

Primary 35% 34%

Secondary 43% 44%

Post-secondary 13% 13%

Total 100% 100%

Plot 6465 Libala Road, Kalundu P.O Box 51311, Lusaka, Zambia Telephone: +260 211 293 529

Fax: +260 211 295 178 Cell: +260 966 862 678

Email: [email protected] Website: www.ruralnet.co.zm

Page 10: Zambians' Trust in the Judiciary Still High But Begins To Decline,Legitimacy Also Suffers

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Results

Plot 6465 Libala Road, Kalundu P.O Box 51311, Lusaka, Zambia Telephone: +260 211 293 529

Fax: +260 211 295 178 Cell: +260 966 862 678

Email: [email protected] Website: www.ruralnet.co.zm

Page 11: Zambians' Trust in the Judiciary Still High But Begins To Decline,Legitimacy Also Suffers

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Introduction

• The judiciary is an important arm of

government that administers justice.

• The decisions of the judiciary are generally

accepted as final.

• Article 91(2) of the Constitution stipulates

that Judges, Magistrates and Justices shall

be independent, impartial and subject only

to the Constitution and the law (The

Zambian Voice).

Plot 6465 Libala Road, Kalundu P.O Box 51311, Lusaka, Zambia Telephone: +260 211 293 529

Fax: +260 211 295 178 Cell: +260 966 862 678

Email: [email protected] Website: www.ruralnet.co.zm

Page 12: Zambians' Trust in the Judiciary Still High But Begins To Decline,Legitimacy Also Suffers

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CONTACT WITH COURTS OF LAW/TRIBUNALS

Page 13: Zambians' Trust in the Judiciary Still High But Begins To Decline,Legitimacy Also Suffers

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Key findings

• Most Zambians (96%) had no contact with the

courts of law in the past 5 years.

• The most commonly cited reason for not taking cases to court was the high costs of hiring lawyers

(cited by 14% of citizens)

• The second most commonly cited reason was the high cost of the court process (cited by 8% of

citizens)

• Lack of trust and corruption were at par in fourth place (cited by 6% of citizens)

Page 14: Zambians' Trust in the Judiciary Still High But Begins To Decline,Legitimacy Also Suffers

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Contact with Courts of Law or Tribunal in 5 Years I 2014

96%

2%

92%

5%

96%

3% 0%

20%

40%

60%

80%

100%

120%

No contact/never Once or more

Urban Rural Total

Respondents were asked : In the last 5 years, how often, have you/ family member been directly involved in an administrative, civil or criminal case before a government

court or tribunal?

Page 15: Zambians' Trust in the Judiciary Still High But Begins To Decline,Legitimacy Also Suffers

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Top 4 reasons for lack of contact with the courts | 2014

14%

8%

6% 6%

0%

5%

10%

15%

20%

Lawyers are too

expensive

Court costs are too

expensive

Judges, prosecutors

or court officials will

demand money

They do not expect

fair treatment

Respondents were asked: Sometimes people do not take a case to the government courts. In your opinion, what would be the most important reason that people like yourself would not take a case to court?

Page 16: Zambians' Trust in the Judiciary Still High But Begins To Decline,Legitimacy Also Suffers

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LEGITIMACY: HOW BINDING ARE THE DECISIONS

MADE BY THE COURTS OF LAW?

Page 17: Zambians' Trust in the Judiciary Still High But Begins To Decline,Legitimacy Also Suffers

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Key findings

• The percentage of Zambians who say the

courts of law have the right to make

decisions that are binding has declined

from 79% 2012 to 68% in 2014.

• The long term trend also shows a marginal

decline from 69% in 2003 to 68% in 2014.

Page 18: Zambians' Trust in the Judiciary Still High But Begins To Decline,Legitimacy Also Suffers

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Legitimacy of courts of law | 2003-2014

Respondents were asked: For each of the following statements, please tell me whether you disagree or agree? The courts have the right to make decisions that

people always have to abide by (Strongly agree/Agree).

69%

73%

70%

79%

68%

50%

55%

60%

65%

70%

75%

80%

85%

2003 2005 2009 2012 2014

Page 19: Zambians' Trust in the Judiciary Still High But Begins To Decline,Legitimacy Also Suffers

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TRUST IN AND PERCEIVED CORRUPTION

AMONG THE JUDICIARY

Page 20: Zambians' Trust in the Judiciary Still High But Begins To Decline,Legitimacy Also Suffers

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Key findings

• The percentage of Zambians who perceive the

judiciary to be corrupt has increased from 21% in 2012

to 30% in 2014.

• There is also a slight decline in the percentage of

Zambians who trust the judiciary, from 62% in 2012 to

59% in 2014.

• The long term trend, however, shows that the level of

trust has marginally improved between 1999 and 2014

(from 59% in 1999 to 62% in 2014).

Page 21: Zambians' Trust in the Judiciary Still High But Begins To Decline,Legitimacy Also Suffers

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Perceived corruption among the Judiciary I Zambia | 2003-2014

29% 31%

24% 21%

30%

0%

5%

10%

15%

20%

25%

30%

35%

2003 2005 2009 2012 2014

Respondents were asked: How many of the following people do you

think are involved in corruption? Judges/magistrates (Most/All of them)

Page 22: Zambians' Trust in the Judiciary Still High But Begins To Decline,Legitimacy Also Suffers

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Perceived corruption among the Judiciary

|Zambia | Urban-Rural| 2014

Respondents were asked: How many of the following people do you

think are involved in corruption? Judges/magistrates (Most/All of them)

32%

28%

30%

26%

27%

28%

29%

30%

31%

32%

33%

Urban Rural Total

Page 23: Zambians' Trust in the Judiciary Still High But Begins To Decline,Legitimacy Also Suffers

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Trust in the Courts of law I Zambia| 1999-2014

Respondents were asked: How much do you trust each of the following, or haven’t you heard enough about them to say? Courts of law (Somewhat/A lot).

56%

48% 49%

62% 62%

59%

30%

35%

40%

45%

50%

55%

60%

65%

1999 2003 2005 2009 2012 2014

Page 24: Zambians' Trust in the Judiciary Still High But Begins To Decline,Legitimacy Also Suffers

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Trust in the Courts of law | Zambia|

By Location | 2014

50%

65%

59%

0%

10%

20%

30%

40%

50%

60%

70%

Urban Rural Total

Respondents were asked: How much do you trust each of the following, or haven’t you heard enough about them to say? Courts of law (Somewhat/A lot).

Page 25: Zambians' Trust in the Judiciary Still High But Begins To Decline,Legitimacy Also Suffers

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Trust in the Courts of law |Zambia|By Gender

| 2014

64%

54%

59%

48%

50%

52%

54%

56%

58%

60%

62%

64%

66%

Males Females Total

Respondents were asked: How much do you trust each of the following, or haven’t you heard enough about them to say? Courts of law (Somewhat/A lot).

Page 26: Zambians' Trust in the Judiciary Still High But Begins To Decline,Legitimacy Also Suffers

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Conclusion

• Only about 5% of Zambians have had contact with the courts of

law in the past five years.

• The percentage of Zambian citizens who recognize the legitimacy

of the courts of law has declined from 79% in 2012 to 68% in 2014.

• The long term trend in the legitimacy of the courts of law also

shows a marginal decline from 69% in 2003 to 68% in 2014.

• Perception of corruption among the judiciary has also remained

relatively stable between 2003 and 2014 (29% and 30%, respectively).

• Though there was a slight decline in the percentage of Zambians

who trust the judiciary between 2012 and 2014, the long term

trend shows some overall improvement (from 56% in 2003 to 59% in 2014).

Plot 6465 Libala Road, Kalundu P.O Box 51311, Lusaka, Zambia Telephone: +260 211 293 529

Fax: +260 211 295 178 Cell: +260 966 862 678

Email: [email protected] Website: www.ruralnet.co.zm

Page 27: Zambians' Trust in the Judiciary Still High But Begins To Decline,Legitimacy Also Suffers

Plot 6465 Libala Road, Kalundu P.O Box 51311, Lusaka, Zambia Telephone: +260 211 293 529

Fax: +260 211 295 178 Cell: +260 966 862 678

Email: [email protected] Website: www.ruralnet.co.zm