HERBERT CHITEPO LAW SCHOOL

ICCT 101

STUDENT NUMBER M231415

STUDENT NAME NATALIE RUVIMBO CHIGOCHE

MODULE NAME AND
CODE ICT 101
NAME OF MODULE
CO-ORDINATOR MR MUNTHALI

TITLE OF ASSIGNMENT APPLICATION OF ICT IN LAW AND GOVERNANCE

DATE SUBMITTED APRIL 2024

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 HERBERT CHITEPO LAW SCHOOL
ICCT 101

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QUESTION: THE APPLICATION OF ICT IN LAW AND GOVERNANCE

In the dynamic intersection of Information Technology (IT), law and governance, several
fascinating developments have unfolded. The impact of ICT can be profound, influencing
how laws are created, interpreted and enforced as well as how governance is conducted and
experienced. However using ICT in law and governance brings a host of benefits along with
certain demerits. This research is going to focus on how ICT is applied in law and
governance and its merits and demerits.
E-governance is the application of electronic means in the interaction between government
and citizens and government and businesses, as well as in internal government operations to
simplify and improve democratic, government and business aspects of governance1 (Backus
2001). Information Communication Technologies (ICT) plays a crucial role in
revolutionizing the fields of law and governance by enhancing can good governance, are
accountability, transparency, participation and people’s control.
ICT is applied in governance through e-government services. E-government services are also
known as digital government services and have been defined as service delivery within
government as well as between government and public using information and communication
technologies. Governments can use ICT to provide online portals for citizens to assess
services, pay fees, submit documents and interact with government agencies. zim.gov.zw is a
good example of an e-governance service offered in Zimbabwe.
Legal research and e-libraries are also a way through which ICT can be applied in law. ICT
enables legal professionals to access vast databases, legal documents, case laws and research
material online. Platforms like ZIMLII, SAFLII and Westlaw provide comprehensive legal
resources making legal research more efficient and effective. E-law libraries are also
accessible to everyone thus enhancing transparency of the legal system. According to
advocate Hemant More (2023), not only has ICT impacted on the availability of legal
information resources but its effects are also noticed in various law related areas such as legal
practice management, legal education, corporate governance and the law itself. Thus IT has
provided many facilities to perform legal judicial tasks in an easy and efficient manner.
The application of ICT in law and governance is also through electronic court management
systems. Courts can use ICT for case management, scheduling, record keeping and e-filing of
court documents. this is done through Integrated Electronic Case Management System
(IECMS) which is a platform allowing for electronic case filing through online portals,
electronic case tracking applications and virtual court hearings2(Taruvinga 2022). This
improves the speed and accuracy of legal proceedings for instance e-court systems in some
countries allow for the filing of complaints and evidence.

1
Backus, Michiel (2001). E-governance in developing counties, IICD Research Brief- No. 1
2
Taruvinga, M., (2022), Government introduces e-courts
 This image is an
animation of a virtual
court where everyone
who is in attendance is
in the comfort of their
offices or homes. Virtual
courts thus promote
multitasking and save
time.

Online consulting and dispute resolution is also another way through which ICT can be
applied in law and governance. Platforms for online mediation and arbitration offer
alternative dispute resolution mechanisms that are more accessible and cost effective for
resolving legal conflicts. It also offers the option of consulting with legal professionals
without having to stir from the comfort of one’s home or office. This is particularly useful for
small claims and disputes between parties in different locations.
Application of ICT in law and governance caters for digital identity and biometrics. ICT can
help establish secure digital identities for every citizen of a state. These identities may
include one’s personal information, fingerprints, addresses and occupation. Digital identities
are crucial for e-governance services, voting systems and legal proceedings. Biometrics
identification such as fingerprints or facial recognition enhances security, reduces fraud and
increases the probability of catching thieves. This also helps in individuals to identify
themselves online and authenticate transactions.
ICT can also be applied in governance through the e-gazette of bills. Due to the development
of technology, people hardly read news papers as they can read the news from their
cellphones and other digital gadgets. For the convenience of everyone, online sources and
feeds can be used to gazette new bills before they are passed. By so doing, the probability of
many people being aware of new bills is heightened as one can then choose to share the news
either with friends and family or with the nation at large through various social media
platforms.
It is important to note that ICT has its own benefits when applied in law and governance. ICT
makes legal and governance services more efficient and accessible. Information can be easily
stored, searched and retrieved with the aid of the internet. This saves time and reduces
paperwork which can be tenuous and can easily be destroyed by weather hazards and fire.
These legal platforms allow citizens to access legal documents and services online. This
broadens reach and convenience as one can consult with a legal officer from a different city
without having to travel there or even attend court sessions without leaving one’s home.
Adding on to the above, the application of ICT in law and governance results in transparency
and accountability. Digital records and transactions allow for transparency in governance.
Online payments of bails, fines and any other transactions can be easily backed up. These
online databases also allow citizens to monitor legal processes, government spending and
public services creating a sense of accountability. According to Preeti Garg the application of
ICT in law and governance helps to eradicate secrecy and bribery in the legal system as all
processes are prone to being traced.
More so, data driven governance is another merit of applying ICT in law and governance.
ICT enables the collection and analysis of huge amounts of data. Multiple scholars argue that
this big data can inform policy making, law enforcement strategies and governance processes.
This is because people can be involved in the voting for and against clauses with the use of
online polls and petitions. This enables the government to make sound decision which people
favor. This leads to more evidence based decisions and policies. This is because the evidence
and data collected over the internet during online surveys can be used as evidence for
implementing new decisions and policies.
The application of ICT in law and governance also results in improved communication. ICT
facilitates improved communication among all stakeholders in governance including
government departments, the judiciary, businesses and citizens. This is because everyone gets
to vote or support a decision that they want to be enforced. In turn, this leads to better
informed decisions and policies that are more closely aligned with societal needs. The
involvement of citizens in governance through ICT thus helps to achieve improved
communication within a state.
However, application of ICT in Law and governance has its own disadvantages. This because
of cyber security risks through cyber-attacks, data breaches and unauthorized access. This
creates a probability of exposure or loss of data. The risks have potential consequences such
as financial loss, reputational damage or operational disruption. The use of ICT in
governance and law thus is prone to cyber security risks.
Adding on, another disadvantage of applying ICT in law in governance is the digital divide.
A digital divide is created as not all citizens have equal access to technology or necessary
digital skills. This is a problem especially in developing countries where there are limited
resources. This may also result in inequality in accessing legal services and government
information.

The pie chart below summarizes the application of ICT in the legal system and governance of
African countries
 Percentage of application

Africa
6%
Developing world
8%
Americas
Europe and CIS 24%
25%

Asia-pacific Arab states

16% 20%

Africa Americas Arab states

Asia-pacific Europe and CIS Developing world

The pie chart above is a summary of a survey conducted as to ascertain the rate at which ICT
is being applied in different continents and countries. The survey thus showed that
underdeveloped states and Africa have not yet embraced the application of ICT in law and
governance in full force. This is because of the expenses and these two minority groups do
not have the capacity to invest in technologies that support e-governance.
REFERENCES

Backus, Michiel (2001). E-governance in developing counties, IICD Research Brief- No. 1

Hemant, More (2023) Use of computer in legal research, viewed on 06 April from https://thelegalquotient.com/.

Preeti Garg The Indian Journal Of Political Science, JAN. – MAR., 2008, VOL.69, NO.1
(JAN. –MAR., 2008), pp 43-48 viewed on 28 March from
https://www.jstor.org/stable/41856390
Taruvinga, M (2022) Government introduces e-courts, viewed 06 April 2024 from
https://www.newzimbabwe.com/governmentintroduces-e-court-effective/.
Don, Gotterban Professionalism in the Information and communication Technology Industry,
viewed on 28 March from https://www.jstor.org/stable/j.ctt5hgxws.23