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In Search of Success : Case Studies in Justice Sector Development in Sub-Saharan AfricaThe World Bank, Department for International Development (DFID) and other donors have long been engaged in legal and judicial reform in sub-Saharan Africa in such areas as legal drafting, strengthening court administration, judicial training, and the empowerment of citizens through a better understanding of the legal system. This has often been done on an ad hoc basis with only limited review of other reform efforts in the region. In order to foster a more responsive approach to justice sector development programs, a collection of case studies was commissioned. One of the more daunting tasks was identifying notable justice sector developments or reforms, which offered specific impacts and which could be examined through both a desk review and field research. Independent of the funding source, the evidence base was not only limited but revealed a need for donors themselves to invest in better data collection, which could then be analyzed and measured against benchmarks or objectives such as improved access to justice. There is a significant need to review and learn from experiences, including controversial ones, in Africa's justice sectors. These case studies are not homogenous largely because their subjects vary and span a wide array of developments that reflect the realities of the region. Each story stands alone and is in no particular order. In the final chapter, the conclusions offered in each story are digested into ideas for future actions. The collection also represents a modest range of stories and it is to be hoped that other cases will be identified and shared. A comparison of experiences of sector-wide programs (SWAPs), for example, could help both donors and governments enhance socio-economic impact. It should be noted that the emphasis in this report is on providing information about positive directions in justice sector development and the ways in which lessons learned might be applied to achieve greater impact in the future. The anticipated value of this collection is that some of the conclusions or actions may be taken up and used to contribute to improvements by those committed to improving the rule of law in sub-Saharan Africa and is in search of 'success'.
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Commercial Court and Enforcement Assessment ToolAn effective and efficient justice
 system is essential for sustained economic growth. In a
 well-functioning, independent, and efficient justice system,
 decisions are taken within a reasonable time and are
 predictably and effectively enforced, and individual rights,
 including property rights, are adequately protected. Among
 other objectives, the efficiency of the judicial system is
 important for creating a good business climate, attracting
 foreign direct investment, securing tax revenues, and
 supporting economic growth. Research has shown that weak
 contract enforcement, for example, raises the cost of
 borrowing and shortens loan maturities, with a resulting
 negative effect on investment and GDP. Weak court
 enforcement systems have also been linked to late payments,
 which can lead to liquidity issues for companies and
 increase insolvency. Since the publication of the World
 Bank’s World Development Report 2005, the importance of
 well-functioning courts to strengthening the investment
 climate and ultimately to reducing poverty and boosting
 shared prosperity has been brought to the forefront and
 become internationally recognized. Indicators of commercial
 court performance, and business community perceptions of and
 trust in the courts, are a part of the World Bank Group’s
 (WBG) country-level investment climate assessments and its
 influential Investment Climate Surveys and Doing Business
 reports. Court performance has also become an element of
 European Union (EU) and Organization for Economic
 Co-operation and Development (OECD) accession. Helping
 countries to improve commercial court operations and ensure
 improved accessibility and effective delivery of services
 are important components of the development assistance
 provided by the WBG. The Commercial Court and Enforcement
 Assessment Tool has been designed to assist assessment teams
 and client agencies in this effort.
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Developing Specialized Court Services : International Experiences and Lessons LearnedCourt specialization is commonly considered to be an important reform initiative to advance the development of a successful judicial system. Court specialization is thought useful even to address broader development constraints, such as the need for more effective access to contract enforcement, improvements in the investment climate, or more adequate protection of the environment. These studies have also pointed to some drawbacks, however. For example, special attention to, and the allocation of additional resources for, handling business cases can lead to the perception that a court provides preferential services to the business community but not the average person. Judges may also develop too close a relationship with a particular group of lawyers and interest groups that are involved in special case types, especially if those groups are relatively small and if judges serve in this special capacity exclusively and for an extended period. This report outlines the international experiences and good practices related to establishing specialized courts and creating the associated judicial expertise. It specifically highlights the information that is needed to determine if specialization is required in particular areas, as well as the specialization model that may be most appropriate, the requirements of the different models, and the approaches to training and selecting judges for special assignments. The paper also outlines the next steps a jurisdiction might take to examine the potential need and demand for further specialized judicial services and to consider what would be needed to meet those which are justified.