Tuesday, August 2, 2011

PROCLMATION NO. 24/1996 ESTABLISHMENT OF THE FEDERAL JUDICIAL ADMINISTRATION COMMISSION


PROCLMATION NO. 24/1996
A PROCLAMATION TO PROVIDE FOR THE ESTABLISHMENT OF THE FEDERAL JUDICIAL ADMINISTRATION COMMISSION
WHEREAS, an independent judiciary is established under the Constitution of the Federal Democratic Republic of Ethiopia;
WHEREAS, one, and the major, of the fundamental factors that help to realize the constitutionally guaranteed independence of the judiciary is to have judicial administration directed in a way free from the influence of Government organs or officialdom;
NOW THEREFORE, in accordance with Article 55(1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:
1. Short Title
This Proclamation may be cited as the "Federal Judicial Administration commission Establishment Proclamation No. 24/1996." 2. Definitions In this Proclamation: 1) "Breach of Discipline" means a breach as specified in the Disciplinary and Code of Conduct Rules and includes a judge who is found guilty of an offence he is charged with, yields to bribes and go-betweens, practises favouritism on account of race, religion, sex and political outlook or frustrates parties to a case brought before him;
2) "Manifest Incompetence and Inefficiency" means what is specified in the Disciplinary and Code of Conduct Rules and includes a judge who commits an error of law and fact unbecoming to the competence by training and experience which the profession requires or who unduly delays the disposal of cases.
3. Establishment of the Judical Administration Commission The Federal Judcial Administration Commission (hereinafter referred to as "the Commission") is hereby established.  4. Members of the Commission 1) The Commission shall have the following members: (a) the President of the Federal Supreme Court ….. Chairman (b) the Vice-President of the Federal Supreme
Court …………...… Member(s)
(c) three members of the House of Peoples'
Representatives ….. Member(s)
(d) the most senior judge of the Federal Supreme Court ….. Member(s)
(e) the President of the Federal High Court ……….. Member(s)
(f) the most senior judge of the Federal High Court ………... Member(s)
(g) the President of the Federal First Instance Court ………. Member(s)
2) The Commission shall select its own Secretary from among its members. 3) The Vice-President of the Supreme Court shall serve in the Chairman's stead while he is absent.
5. Powers and Duties of the Commission The Commission shall have the following powers and duties: 1) to select those who qualify for judgeship in accordance with Article 8 of this Proclamation from among candidates nominated by members of the Commission; 2) to forward its opinion on the list of Regional Supreme and High Court candidate-judges, submitted to it by a Regional Judicial Administration Commission pursuant to article 81(4) of the Constitution;
3) to issue the Disciplinary and Code of Conduct Rules for federal judges;
4) to decide on the transfer, salary, allowance, promotion, medical benefits and placement of federal judges;
5) to examine and decide, in accordance with Article 79(4) of the Constitution, matters presented to it pursuant to article 9 herein. It may suspend a judge until the decision is approved by the House of Peoples' Representatives, subject to details to be determined in the Disciplinary and Code of Conduct Rules.
6. Meetings of the Commission 1) The Commission shall hold a regular meeting once in a month; however, it may meet at any time where found necessary. 2) There shall be a quorum where a majority of the members of the Commission are present.
3) Decisions of the Commission shall be passed by a majority vote; in case of a tie, however, the Chairman shall have a casting vote.
4) A judge who is a member of the Commission, and against whom disciplinary proceedings are instituted, may not sit in meetings of the Commission while his case is under investigation.
5) Without prejudice to the other provisions of this Article, the Commission may draw up its own rules of procedure.
7. Powers and duties of the Chairman The Chairman shall have the following powers and duties; 1) to direct, as the superior authority, and supervise the Secretariat of the Commission; 2) to convene the meetings of the Commission;
3) to preside over the meetings of the Commission;
4) to prepare and present to the Commission the profile of cnadidate-judges nominated by the members of the Commission; present to the Prime Minister candidate-judges selected by the Commission.
8. Criteria of Election for Judgeship 1) Any Ethiopian who: (a) is loyal to the Constitution; (b) has legal training or acquired adequate legal skill through experience;
(c) has a good reputation for his diligence, sence of justice and good conduct;
(d) consets to assuming judgeship; and
(e) is not under 25 years of age
may be appointed as a federal judge. 2) No person may simultaneously assume judgeship while serving in the legislative or executive branches of government or while a member of any political organization.
9. Termination of Tenure The tenure of any federal judge may be terminated only on the following grounds; 1) upon resignation, subject to a two-month prior notice; 2) where he has attained the age of 60;
3) where it is decided that he is incapable of properly discharging his duties due to illness;
4) where he has committed a breach of discipline;
5) where it is decided that he is of manifest incompetence and inefficiency;
6) where he has transgressed the Disciplinary and code of conduct Rules for judges.
10. Lodging of Complaints Any person may lodge a complaint with the Commission against a federal judge having transgressed what is provided for under Article 9 herein. 11. Oath Judges shall take the following oath prior to assuming their duties: I, __________, upon my appointment and assumption of duty as judge of ______ Court, on this day, pledge to discharge with dedication the heavy responsibility entrusted to me.
 
12. Repeal proclamation No. 23/1992 is hereby repealed.
 
13. Transfer of rights and Obligations The rights and obligations of the Judicial Administration Commission established under Proclamation No. 23/1992 are hereby transferred to the Commission.
 
14. Effective Date This proclamation shall come into force as of the 15th day of February, 1996.
Done at Addis Ababa, this 15th day of February, 1996.
 
NEGASO GIDADA (DR.)
PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA
 

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