The Role of Law in the Transition of Societies: The African Experience

Abstract

Decolonization in Africa brought political independence to former colonies but it did not, as a rule, change the underlying social and economic structures of their societies. It passed political power to groups which had only a weak base in the economy (which was dominated by multinational capital, immigrant communities or traditional elites) and a limited stake in the prevailing social systems. It was obvious that in these circumstances political power would be used to bring about fundamental changes in economic and social structures. This tendency was reinforced by popular demands for greater social justice and economic opportunities. Anti-colonial struggles were inspired by a longing for greater human dignity and improved standards of living. Thus development inscribed itself large on the agenda for the future. This raised the question of the modalities for change. More and improved systems of education, agricultural reform, incentives for industrialization and enhanced administrative capacity would be necessary. However, it was an underlying assumption that all these changes would be affected within the framework of the constitution and the law. There were various reasons for this assumption. Despite its authoritarianism, the colonial state was a legally constituted and administered state. The metropolitan notions of legality underlay strategies for decolonization. The more complex the problems of ethnicity, especially the protection of the interests of the settlers, or of the balance between the traditional and new elites, the greater was the reliance on the law as a means of both providing the framework for and controlling public power.