The Africa Judges and Jurists Forum (AJJF) is pleased to share a timely and thought-provoking presentation by Arnold Tsunga, delivered at the High-Level Continental Dialogue on Electoral Dispute Resolution held in Nairobi, Kenya from 24–26 March 2026.
This paper provides a comprehensive continental analysis of electoral dispute resolution in Africa, examining how legal frameworks and institutional systems have evolved over time. While many African countries have developed increasingly sophisticated electoral justice mechanisms, the paper highlights a critical challenge: the gap between legal formalisation and public trust.
Key Insights from the Paper
- Expansion of electoral dispute resolution systems across Africa
- Increasing role of courts as arbiters of electoral legitimacy
- Growing judicialisation of electoral politics
- Persistent challenges in credibility, coherence, and institutional trust
- Limited investment in preventive dispute resolution mechanisms
The analysis underscores that while Africa does not suffer from a lack of electoral dispute resolution mechanisms, it faces a deeper challenge of credibility and legitimacy. Courts are increasingly central to resolving electoral conflicts, placing significant pressure on judicial institutions to balance legal authority with public confidence.
Call for Reform
The paper calls for a strategic shift in how electoral disputes are managed across the continent, including:
- Strengthening judicial independence and institutional integrity
- Enhancing preventive mechanisms to reduce post-election litigation
- Building public trust in electoral justice systems
- Improving judicial capacity in emerging areas such as technology and AI
- Ensuring balance between timely decisions and substantive justice
This contribution forms part of AJJF’s broader work in advancing electoral justice, rule of law, and democratic governance in Africa.
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