“If You Don’t Have Money Why Do You Want To Become a Chief?” The Commercialization of the Judicial Processes at the Houses of Chiefs

Abstract

Using largely empirical data obtained from an extensive survey of proceedings at the Houses of Chiefs, this paper analyses the judicial process and the various expenses disputants incur when seeking justice in the Houses of Chiefs. The paper argues that access to justice in the Houses of Chiefs has become increasingly commercialized. As a result, only wealthy litigants can meet the high costs associated with seeking justice in the Houses of Chiefs. The consequence of the commercialization of justice is the delaying or denying of justice to the poor. The paper concludes by challenging the state to be more supportive of the judicial process and personnel in the Houses of Chiefs so as to relieve the disputants of the numerous fees charged by the various Houses and thus make justice accessible to all.