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| Zimbabwean Judges |
The British gave up their last colonies in Africa half a century ago. But they left their wigs behind.
Not
just any wigs. They are the long, white, horsehair locks worn by high
court judges (and King George III). They are so old-fashioned and so
uncomfortable, that even British barristers have stopped wearing them.
just any wigs. They are the long, white, horsehair locks worn by high
court judges (and King George III). They are so old-fashioned and so
uncomfortable, that even British barristers have stopped wearing them.
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But
in former British colonies — Kenya, Zimbabwe, Ghana, Malawi and others —
they live on, worn by judges and lawyers. Now, a new generation of
African jurists is asking: Why are the continent’s most prominent legal
minds still wearing the trappings of the colonizers?
in former British colonies — Kenya, Zimbabwe, Ghana, Malawi and others —
they live on, worn by judges and lawyers. Now, a new generation of
African jurists is asking: Why are the continent’s most prominent legal
minds still wearing the trappings of the colonizers?
It’s not
just a question of aesthetics. The wigs and robes are perhaps the most
glaring symbol of colonial inheritance at a time when that history is
being dredged up in all sorts of ways. This year, Tanzanian President
John Magufuli described a proposed free-trade agreement with Europe as a
“form of colonialism.” In Zimbabwe, President Robert Mugabe still refers to the British as “thieving colonialists.”
just a question of aesthetics. The wigs and robes are perhaps the most
glaring symbol of colonial inheritance at a time when that history is
being dredged up in all sorts of ways. This year, Tanzanian President
John Magufuli described a proposed free-trade agreement with Europe as a
“form of colonialism.” In Zimbabwe, President Robert Mugabe still refers to the British as “thieving colonialists.”
In
June, the premier of the Western Cape province of South Africa was
suspended from her party after writing on Twitter that modern health
care was a colonial contribution.
June, the premier of the Western Cape province of South Africa was
suspended from her party after writing on Twitter that modern health
care was a colonial contribution.
The
relics of colonialism are scattered across the continent. There are the
queen’s namesakes: Victoria Falls north of Zimbabwe; Lake Victoria,
bordering three countries in eastern Africa; Victoria Island in Nigeria.
There is the left-lane driving, the cricket, the way public education
is organised (not organized).
relics of colonialism are scattered across the continent. There are the
queen’s namesakes: Victoria Falls north of Zimbabwe; Lake Victoria,
bordering three countries in eastern Africa; Victoria Island in Nigeria.
There is the left-lane driving, the cricket, the way public education
is organised (not organized).
Most cities
and streets have received new names since European rule ended. In 2013,
Mugabe officially rebaptized Victoria Falls “Mosi Oa Tunya,” or “the
smoke that thunders” in the Kololo language.
and streets have received new names since European rule ended. In 2013,
Mugabe officially rebaptized Victoria Falls “Mosi Oa Tunya,” or “the
smoke that thunders” in the Kololo language.
Yet
the wig survives, along with other relics of the colonial courtroom:
red robes, white bows, references to judges as “my lord” and “my lady.”
the wig survives, along with other relics of the colonial courtroom:
red robes, white bows, references to judges as “my lord” and “my lady.”
In nearly every former British colony, op-eds have been written and speeches made
about why the wig ought to be removed. In Uganda, the New Vision
newspaper conducted an investigation into the cost of the wigs,
reporting that each one cost $6,500. In Ghana, a prominent lawyer,
Augustine Niber, argued that removing wigs would reduce the “intimidation and fear that often characterize our courtrooms.”
about why the wig ought to be removed. In Uganda, the New Vision
newspaper conducted an investigation into the cost of the wigs,
reporting that each one cost $6,500. In Ghana, a prominent lawyer,
Augustine Niber, argued that removing wigs would reduce the “intimidation and fear that often characterize our courtrooms.”
One
of the editors of the Nigerian Lawyer blog wrote that wigs weren’t made
for the sweltering Lagos heat, where lawyers wilted under their garb.
“The culture that invented wig and gown is different from our own and
the weather is different,” Unini Chioma wrote.
of the editors of the Nigerian Lawyer blog wrote that wigs weren’t made
for the sweltering Lagos heat, where lawyers wilted under their garb.
“The culture that invented wig and gown is different from our own and
the weather is different,” Unini Chioma wrote.
Increasingly,
though, opponents of the colonial outfit aren’t just arguing against
inconvenience but against a tradition that African judiciaries appear to
be embracing. Britain’s “colonial courts,” which preceded independence,
were sometimes brutal.
In response to Kenya’s Mau Mau rebellion in the 1950s, for example, the
wigged white judges sentenced more than 1,000 people to death for
conspiring against colonial rule.
though, opponents of the colonial outfit aren’t just arguing against
inconvenience but against a tradition that African judiciaries appear to
be embracing. Britain’s “colonial courts,” which preceded independence,
were sometimes brutal.
In response to Kenya’s Mau Mau rebellion in the 1950s, for example, the
wigged white judges sentenced more than 1,000 people to death for
conspiring against colonial rule.
“The
colonial system used law as [an] instrument of repression, and we’re
still maintaining this tradition without questioning it,” said Arnold
Tsunga, director of the Africa program at the International Commission
of Jurists. “It’s a disgrace to the modern courts of Africa.”
colonial system used law as [an] instrument of repression, and we’re
still maintaining this tradition without questioning it,” said Arnold
Tsunga, director of the Africa program at the International Commission
of Jurists. “It’s a disgrace to the modern courts of Africa.”
In
Kenya, former chief justice Willy Mutunga appealed to remove the wigs
from the courtroom, arguing that they were a foreign imposition, not a
Kenyan tradition. He swapped the traditional British red robes for
“Kenyanized” green and yellow ones. He called the wigs “dreadful.”
Kenya, former chief justice Willy Mutunga appealed to remove the wigs
from the courtroom, arguing that they were a foreign imposition, not a
Kenyan tradition. He swapped the traditional British red robes for
“Kenyanized” green and yellow ones. He called the wigs “dreadful.”
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But
that outlook wasn’t shared by many Kenyan judges and lawyers, who saw
the wigs and robes as their own uniforms, items that elevate a
courtroom, despite — or because of — their colonial links.
that outlook wasn’t shared by many Kenyan judges and lawyers, who saw
the wigs and robes as their own uniforms, items that elevate a
courtroom, despite — or because of — their colonial links.
“It was met with consternation from within the bench and the bar,” said Isaac Okero, president of the Law Society of Kenya.
Okero is a defender of the wig and the robe, and argues that they represent more than a British tradition, but something that distinguishes the country’s judges.
“I
don’t feel at all that it has any negative connotation of colonialism.
It has risen beyond that. It is a tradition of the Kenyan bar,” he said.
don’t feel at all that it has any negative connotation of colonialism.
It has risen beyond that. It is a tradition of the Kenyan bar,” he said.
This
year, Kenya’s new chief justice, David Maraga, has indicated that he
wants to revert to the colonial traditions. During his swearing-in
ceremony, he wore a long white wig and the British-style red robe. Many
Kenyans were perplexed.
year, Kenya’s new chief justice, David Maraga, has indicated that he
wants to revert to the colonial traditions. During his swearing-in
ceremony, he wore a long white wig and the British-style red robe. Many
Kenyans were perplexed.
“It was his rather
peculiar outfit that would send a resounding message to Kenyans,” said a
broadcaster on KTN, one of the country’s most popular news channels.
“It’s back to the old days.”
peculiar outfit that would send a resounding message to Kenyans,” said a
broadcaster on KTN, one of the country’s most popular news channels.
“It’s back to the old days.”
In Zimbabwe,
still ruled by vehement anti-colonialist Mugabe, the wigs are perhaps
most mystifying. Why would a man who stripped white farmers of their
land, who railed against the name of Victoria Falls, allow an archaic
judicial tradition to remain in place?
still ruled by vehement anti-colonialist Mugabe, the wigs are perhaps
most mystifying. Why would a man who stripped white farmers of their
land, who railed against the name of Victoria Falls, allow an archaic
judicial tradition to remain in place?
Some analysts say that the policy reveals something about Mugabe, the closet Anglophile, a fan of Dickens who once said cricket “civilizes people and creates good gentlemen.”
But Tsunga says that the rationale is more insidious.
“We
are seeing post-independence African states trying to maintain these
symbols of power and authority in the belief that it will help entrench
themselves,” he said.
are seeing post-independence African states trying to maintain these
symbols of power and authority in the belief that it will help entrench
themselves,” he said.
The curly horsehair
wigs have been used in court since the 1600s, during the reign of
Charles II, when they became a symbol of the British judicial system.
Some historians say they were initially popularized by France’s King
Louis XIV, who was trying to conceal his balding head.
wigs have been used in court since the 1600s, during the reign of
Charles II, when they became a symbol of the British judicial system.
Some historians say they were initially popularized by France’s King
Louis XIV, who was trying to conceal his balding head.
By
the 18th century, they were meant to distinguish judges and lawyers —
and other members of the upper crust. Enter the word “bigwig” into the
lexicon.
the 18th century, they were meant to distinguish judges and lawyers —
and other members of the upper crust. Enter the word “bigwig” into the
lexicon.
Other countries in the British
Commonwealth, such as Australia and Canada, also inherited the wigs and
robes but have moved toward removing them from courtrooms. An Australian
chief justice last year demanded that barristers remove their wigs before addressing her.
Commonwealth, such as Australia and Canada, also inherited the wigs and
robes but have moved toward removing them from courtrooms. An Australian
chief justice last year demanded that barristers remove their wigs before addressing her.
“The abolition of wigs is all part of the progression towards a modern way,” said the chief justice, Marilyn Warren.
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This year in Britain, the House of Commons lifted the requirement that clerks, who are experts in parliamentary law, wear wigs. John Bercow, the speaker, said the change would promote a “marginally less stuffy and forbidding image of this chamber.”
But
aside from the wigs, African courts have adapted to a post-colonial
context. New constitutions have been written. A new generation of judges
has emerged. Even though some judiciaries have bent to political
pressure, new legal systems are rooted in British common law but shaped
by the traditions and cultures of their own countries.
aside from the wigs, African courts have adapted to a post-colonial
context. New constitutions have been written. A new generation of judges
has emerged. Even though some judiciaries have bent to political
pressure, new legal systems are rooted in British common law but shaped
by the traditions and cultures of their own countries.
In
Kenya this month, the Supreme Court annulled the recent presidential
election, a bold display of judicial independence that infuriated the
sitting president.
Kenya this month, the Supreme Court annulled the recent presidential
election, a bold display of judicial independence that infuriated the
sitting president.
In the Nairobi
courtroom where the ruling was delivered, several lawyers wore their
powdered wigs. Behind the bench, a row of men and women in red robes
presided.
courtroom where the ruling was delivered, several lawyers wore their
powdered wigs. Behind the bench, a row of men and women in red robes
presided.
Maraga sat down before speaking, the sleeves of his black robe hanging over the bench.
“The greatness of a nation lies in its fidelity to its constitution,” he said, “and a strict adherence to the rule of law.”
Culled from The Washington Post.
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