Exploring Systemic Constraints Impeding Case Disposal Rates in Zambia’s Superior Courts

Moses B. Mukinga and Jason Mwanza
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Moses B. Mukinga: Graduate School of Business, University of Zambia
Jason Mwanza: University of Lusaka

African Journal of Commercial Studies, 2026, vol. 7, issue 2

Abstract: Zambia's Judiciary has for many years been grappling with severe case backlogs, especially in the Superior Courts. Official performance reports indicate that the number of pending cases has consistently exceeded the number of cases disposed of annually, resulting in prolonged resolution times for both civil and criminal matters. These challenges persist despite administrative and procedural reforms, suggesting underlying systemic inefficiencies. This study assesses the systemic constraints impeding case disposal in Zambia’s Superior Courts, applying the Theory of Constraints (TOC) to propose actionable strategies for improving judicial efficiency. The study employed document review, content analysis, and structured questionnaires, supplemented by interviews with judicial officers, court administrators, and legal practitioners. Purposive sampling was used to select 34 respondents, including judges, assistant registrars, court marshals, and clerical staff. Findings reveal that key constraints include inadequate staffing, limited ICT infrastructure, resistance to procedural reforms, and weak communication systems. These factors interact to create a constraint loop that amplifies operational bottlenecks. The Superior Courts achieved only a 58% case resolution rate in 2023, resulting in a backlog exceeding 35,000 cases. Frequent adjournments, poor calendar management, and weak enforcement of time standards were identified as major contributors to delays. The study concludes that systemic inefficiencies, rather than isolated constraints, drive case backlog challenges and recommends integrated reforms focusing on capacity building, ICT modernization, and improved case management systems to enhance judicial performance.

Keywords: Systemic Constraints; Superior Courts; Judiciary; Case Disposal Rates (search for similar items in EconPapers)
JEL-codes: H83 K40 O55 (search for similar items in EconPapers)
Date: 2026
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Persistent link: https://EconPapers.repec.org/RePEc:cwk:ajocsk:2026-58

DOI: 10.59413/ajocs/v7.i2.40

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