ABSTRACT

Several African jurisdictions are faring well in respect of gender diversity on lower and superior courts. Zambia is one such country, having achieved gender parity in its superior courts in 2016. It also boasts women as the Chief Justice and Head of the Constitutional Court and in the Court of Appeal. Yet, there is scant literature on judicial appointments in Zambia and none on gender diversity in the judiciary. In this chapter, I explore judicial power and gender, going beyond the remarkable gender statistics. I discuss the role of the judge and the criteria for a judgeship and specifically look at the normative and empirical notions of what makes a good judge. I argue that while established criteria are gender neutral, empirical data reveals that perceptions of the judicial role and who excels in it are very much gendered. Additionally, while women judges are capable and competent in discharging their judicial duties, questions remain about whether they are deserving of their positions. These questions have resulted in what I submit are illegitimacy perceptions of Zambian women judges, placing them in a situation where they must work twice as hard to prove that they deserve their place on the bench.