PROCLAMATION NO/2019
FEDERAL COURTS/DRAFT/ PROCLAMATIONOF 2019
WHEREAS,
in the Federal Democratic Republic of Ethiopia Constitution, judicial power is
vested in both the Federal and the Regional courts;
WHEREAS, the
Constitution stipulates that everyone has a right to bring justiciable matter
to obtain a decision or judgment from, a court of law; irreplaceable.
WHEREAS, it is
necessary to establish a system in which Federal Courts play an inimitable role
in enforcing the rules of law and, protection of human and democratic rights;
WHEREAS, it is
necessary to ensure that Federal Courts do provide effective, efficient,
accountable and predictable service in accordance with judicial independence
mentioned in the provision of the Constitution;
Whereas establishing a legislative framework under which
courts would have full autonomy to manage their own budget, recruit and assign
their non-judicial personnel, and administer themselves is essential for a
strong judiciary;
WHEREAS, the
frequent amendment of the Federal Courts Proclamation No. 25/1996 and necessary
of having an amended Proclamation;
NOW THEREFORE, in accordance the Article 55(1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:
CHAPTER ONE
General
1. Short Title
This Proclamation may be cited as the
“Federal Courts Proclamation No.
–––/2019”
2. Definitions
In
this proclamation:
1) “Constitution”
means the Constitution of the Federal Democratic Republic of Ethiopia;
2) “Laws
of the Federal Government” includes all laws in force that are consistent with
the Constitution and relating to matters that fall within the competence of the
federal government as specified in the Constitution;
3) “Federal
Courts” means the Federal Supreme Court, the Federal High Court and the Federal
First Instance Court;
4) “Basic
or fundamental error of law” shall include final judgment, ruling, order or
decree which may be filed in Federal Supreme Court Cassation division pursuant
to Article 10 of this Proclamation and/or contains either one or similar of the
following basic errors and grossly distresses justice:
(a) in
violation of the constitution
(b) by
misinterpreting a legal provision or by applying an irrelevant law to the case;
(c) by
not framing the appropriate issue or by framing an issue irrelevant to the
litigation;
(d) by
denying to an award judgment to a justiciable matter;
(e) by
giving an order in execution proceedings unwarranted by the main decision;
(f) in the absence of jurisdiction over
the subject matter in dispute;
(g) an
administrative act or decision rendered in contradiction with the law;
(h) in
contravention to binding decision of the Federal Supreme Court Cassation
Division.
5) “Final
decision” shall include judgment, ruling, order or decree that finally disposes
the case and/or decision, ruling, order or judgement that has completed the
possible appeal mechanisms and rendered by courts, organ vested with judicial
power, by institutions or an alternative dispute resolution mechanism.
6) "Officials
of the Federal Government" means members of the House of Peoples'
Representatives and of the House of the Federation, officials of the Federal
Government above ministerial rank, ministers, judges of the Federal Supreme
Court and other officials of the Federal Government of equivalent rank;
7) "Employees
of the Federal Government" includes all employees, other than those
referred to under sub'" Article (1) hereof, engaged in the activities of
the Federal Government 8) “Person” means a natural or juridical
person.
CHAPTER TWO
Common Jurisdiction of Federal Courts
3. Principle
1) Federal
Courts shall have jurisdiction over the following:
a) Cases
arising under the Constitution, Federal Laws and International Treaties
accepted and ratified by Ethiopia;
b) Parties
specified in Federal Law,
c) Places
specified in the Constitution or by Federal Law.
2) Federal
courts shall interpret and observe the provisions of the constitution pursuant
to article 9(2) and 13(1) of the constitution.
4.
Criminal Jurisdiction
Federal Courts shall have jurisdiction over the following criminal
cases:
1) crimes
against the national state;
2) crimes
against foreign state;
3) crimes
in violation of international laws;
4) crimes
regarding the security and freedom of communication services operating in more
than one region or at international level;
5) crimes
against the safety of aviation;
6) Without
prejudice to international diplomatic laws and customs as well other
international agreements to which Ethiopia is a party, crimes of which foreign
ambassadors, consuls, representatives of international organizations, foreign
states are held liable or foreign nationals who enjoy privileges and immunities
and who reside in Ethiopia are victims or defendants;
7) crimes
regarding illicit trafficking of dangerous drugs;
8) crimes
falling under the jurisdiction of courts of different regions or under the
jurisdiction of both the federal and regional courts as well as concurrent
offences;
9) crimes
connected with conflicts between various nations; nationalities, ethnic,
religious or political groups;
10) crimes
against customs duty and tax revenues of the federal government;
11) crimes
against the fiscal and economic interests of the federal government;
12) crimes
against currencies, government bonds or security documents, official seals,
stamps or instruments;
13) without
prejudice to Article 12 Sub- Article (2) and Article 15 Sub-Article (2), crimes
of which foreigners are victims or defendants that entailing more than 5 years’
rigorous imprisonment.
14) crimes
committed by officials and employees of the federal government in connection
with their official responsibilities or duties;
15) without
prejudice to Article 12 Sub-Article (2) and Article 15 Sub-Article (2) of this
Proclamation, crimes committed against the property of the federal government
and which entail more than 5 years’ rigorous imprisonment and 16) Crimes
committed in Addis Ababa and Dire Dawa 17) Cases specified by other laws.
5.
Civil Jurisdiction
1) Federal
Courts shall have jurisdiction over the following civil cases:
a) Regarding
private international law;
b) Application
regarding the enforcement of foreign judgment or decision;
c) involving
matters of nationality;
d) Issues
in relation to bankruptcy
e) Without
Prejudice to international diplomatic laws and customs as well as other
international agreements to which Ethiopia is a party, cases of which foreign
ambassadors, consuls, representatives of international organizations, foreign
states are held liable or foreign nationals who enjoys privileges and
immunities and who resides in
Ethiopia are parties;
f) Cases
to which a federal government organ is a party;
g) cases
involving the property of the federal government;
h) Cases
arising between persons permanently residing in different regions, regions and
Addis Ababa, regions and Diredawa, Addis
Ababa or DireDawa;
i) cases
of involving the liability of officials or employees of the federal government
in connection with their official responsibilities or duties;
j) without
prejudice to Article 12 Sub-Article (2) and Article 15 Sub-Article (2) of this
Proclamation, cases in which foreigner is
a plaintiff or a defendant;
k) cases
involving business organizations and
associations registered with, or established by, federal government organs;
l) cases
involving negotiable instruments;
m) cases
arising out of patent, literary and artistic-ownership rights;
n) cases
involving insurance policy;
o) application
for habeas corpus and
p) cases
arising in Addis Ababa and Dire Dawa Cities
q) cases
specified by other laws
2) A
regional matter shall continue to be heard by regional court even where a party
mentioned under Sub-Article(1)(g) of this Article intervenes under any
condition in the proceeding or after
judgment.
6. Substantive Laws to be Applied
by Federal Courts
1) Federal Courts shall settle cases or
disputes, submitted to them within their jurisdiction on the basis of:
(a) the constitution, federal laws and
international treaties to which Ethiopia is a party; (b) regional; Addis Ababa
or Dire Dawa city laws where the case relates to same.
7. Procedural Laws to be Applied by
Federal Courts
The Criminal and
Civil Procedure Codes as well as other relevant laws in force shall apply with
respect to matters not provided for under this Proclamation insofar as they are
not inconsistent therewith.
CHAPTER
THREE
Jurisdiction of the Federal Supreme Court
8. First Instance Jurisdiction of
the Federal Supreme Court
1. The
Federal Supreme Court shall have first instance jurisdiction over application
lodged in accordance with the law for change of venue from one Federal High
Court
Division to another Federal High Court Division or from
Regional Supreme Court to Federal High Court regarding federal matters referred
to Regional Courts by delegation.
2. Cases
specified by other laws.
9. Appellate Jurisdiction of the
Federal Supreme Court
The Federal Supreme Court shall have
appellate jurisdiction over the following cases:
1) Decisions
of the Federal High Court rendered in its first instance jurisdiction;
2) Decisions
of the Federal High Court rendered in its appellate jurisdiction in variation
of the decisions of the Federal First Instance Court;
3) Decisions
rendered by Regional Supreme Court on federal matters in its first instance
jurisdiction in exercising its delegation;
4) Decisions
rendered by Regional Supreme Court on federal matters on its appellate
jurisdiction in variation of the decision of the Regional High Court,
exercising its delegation;
5) Cases
specified by other laws.
10. Power of Cassation of the Federal Supreme Court
1) The
Federal Supreme Court shall have the power of cassation over the following
cases when they contain basic or fundamental error of law;
(a) final
decisions of the Federal High Court rendered in its appellate jurisdiction;
(b) final
decisions of the Federal Supreme Court Appellate Division
(c) final
decisions of Regional Supreme Court Cassation Division regarding cases
mentioned under Article 2 Sub –Articles(4)(a) of this Proclamation;
(d) final
decisions of Regional Supreme Court Cassation Division regarding cases
mentioned under Article 2 Sub –Articles(4)(b) of this Proclamation and when
these cases involve high public interest and national importance;
(e) final
decisions of regional high court or supreme court on federal matters while
exercising their constitutionally delegated power of adjudication.
(f) final
decisions of the highest level of Addis Ababa or Dire Dawa City Court;
(g) final
decision rendered by organ vested with judicial power;
(h) without
prejudice to the provisions of appropriate law, final decision rendered by an
alternative dispute resolution mechanisms regarding case that may be filed in
federal court.
(i) cases
specified by other laws,
2) Notwithstanding
the provisions of Sub-Article (1)(d) of this Article and article 2(4)(a) of
this proclamation, final decisions rendered regarding rural land use and
administration, final decision of small claims started in social court or other
issues
which may be specified by Federal Supreme Court by
regulation shall not be filed for cassation in the Federal Supreme Court
Cassation Division.
3) Interpretation
of law rendered by the Cassation Division of the Federal Supreme Court with not
less than five judges shall be binding from the date the decision is
rendered. 4) The Federal Supreme
Court shall publicize decisions rendered by its Cassation Divisions on
binding interpretation of laws by
electronics and print Medias as soon as possible.
CHAPTER
FOUR
Jurisdiction of the Federal High Court and The Federal First Instance
Court
11. First Instance Civil Jurisdiction of the Federal
High Court
1) The Federal High
Court shall have first instance jurisdiction over the following civil cases involving
an amount exceeding Birr 10,000,000 (ten million);
(a) Without
prejudice to article 14 of this Proclamation, any federal civil cases arising
under Articles3 and 5 of this Proclamation;
(b) Civil
cases arising in Addis Ababa and Dire Dawa.
2) Notwithstanding the provisions of sub-Article (1) (a) of
this Article, the Federal High Court shall have first instance jurisdiction
over the following civil cases፡
(a) Cases
specified under Sub-article (1) (a) to – (e) of Article 5 of this Proclamation;
(b) Application
for change of venue from one Federal First Instance Court Division to another
Federal First Instance Court Division or
to itself, in accordance with the law; and
(c) Cases
specified by other laws.
3)
Notwithstanding the provisions of this
proclamation and other relevant laws, the federal high court may render
decision, judgement or order in order to protect justiciable human rights
specified under chapter three of the constitution.
4)
Any person who has vested interest or sufficient
reason may institute a suit before the federal high court to protect the rights
of his own or others
5)
Any proceeding mentioned under sub-3 and 4 of
this article shall be undertaken pursuant to summary procedure part of the civil
procedure code.
12. First
Instance Criminal Jurisdiction of the Federal High Court
The Federal High Court shall have first instance jurisdiction over the
following criminal cases:
1) federal
criminal cases mentioned under Article 3 and Article 4 of this Proclamation and
falling under the jurisdiction of the High Court pursuant to appropriate laws;
2) Other
criminal cases arising in the cities of Addis Ababa or Dire Dawa and falling
under the jurisdiction of the High Court pursuant to appropriate laws and
3. Cases specified by other laws.
13. Appellate
Jurisdiction of the Federal High Court
The
Federal High Court shall have appellate jurisdiction over the following:
1) on decision of the Federal First
Instance Court; and 2) cases specified by other laws.
14. Civil
Jurisdiction of the Federal First
Instance Court
Without prejudice
to the jurisdictions of the Federal High Court under Article 11 of this
Proclamation, the Federal First Instance Court shall have jurisdiction over the
following civil cases:
1) federal
civil cases submitted pursuant to Article 3 and Article 5 of this Proclamation;
2) Without
prejudice to judicial power vested in other organs by law, other civil cases
arising in Addis Ababa or Dire Dawa Cities; and
3) Civil
cases specified by other laws.
15. Criminal
Jurisdiction of the Federal First Instance Court.
Without prejudice to the jurisdiction of the Federal High
Court under Article 12 of this proclamation, the Federal First Instance Court
shall have jurisdiction over the following criminal cases:
1). federal Criminal
cases mentioned under Article 3 and Article 4 of this Proclamation and not
referred to the high court pursuant to appropriate laws;
2). Without prejudice to judicial power vested in other
organs by law, other criminal cases arising in the cities of Addis Ababa or
Dire Dawa not falling under the jurisdiction of the
Federal High Court as mentioned
under Article 12 Sub- Article (2) and 3) Cases specified by other laws.
16. Appellate
Jurisdiction of Federal First Instance Court
Federal first instance court shall have an appellate
jurisdiction on matters specifically bestowed on it by relevant laws.
CHAPTER
FIVE
The Presidents, Vice-Presidents, Assigned Divisions
Representative Judges and Presiding Judges of Federal Courts
17. Powers and
Duties of the President of the Federal Supreme Court
1) The
President of the Federal Supreme Court shall be responsible for the
administration of Federal Courts in accordance with the law.
2) Without
prejudice to the generality of Sub- Article (1) of this Article, the President
of the Federal Supreme Court shall:
A)
without prejudice to the power and duty
entrusted to the Federal Judicial
Administration Council, place and assign judges of Federal
Courts, Representative Judges of Assigned Divisions and Presiding Judges;
B)
employ personnel necessary for Federal Courts;
C)
prepare and submit to the House of People’s
representatives the work plan and budget of Federal Courts including those
mentioned under Sub-Article(2)(e) of this Article and implement same upon
approval;
D)
follow up preparation, issuance and
implementation of regulations and directives to be issued by the Federal
Supreme Court as provided under this Proclamation;
E)
decide upon requests for budgetary subsidy to
Regional Courts exercising federal jurisdiction by delegation;
F)
causes the preparation and the submission of
reports on the activities of regional courts concerning Federal cases, as
supported by statistical data;
G)
facilitate conditions for the education and
training of judges and other personnel;
H)
in consultation with regional courts, work out
ways for improving the records of management and general practices of the
courts as relating to the cases;
I)
submit to
the House of Peoples Representatives reports on the
budget implementation of the Federal
Courts;
J)
organize the federal courts decisions execution
body; public defense office and offices that will enable Federal Courts execute
duties entrusted to them by law;
K)
issue directives on training of federal judges;
L)
cause studies to be conducted for institutional
development, modernized efficient operations and effectiveness of the Ethiopian
judicial system and ensure their implementation;
M) preside
over any federal supreme court benches;
N)
provide support to Federal Sharia Courts in
exercising their judicial work in accordance with the establishment
Proclamation as may be necessary; and O) perform other duties entrusted by law and this
Proclamation.
18. Power and
Duties of the Vice-President of the Federal Supreme Court
The Vice-President
of the Federal Supreme Court shall have the following powers and duties:
1.
Discharge the duties assigned to her by the
President;
2.
Serve in the President’s stead, while he/she is
absent.
19. Powers and Duties of the Presidents and Vice-Presidents of the Federal
High Court and First Instance Court
1) Without prejudice to the president’s
power to supervise and lead the courts, presidents of the first instance court
and high court shall:
a) Represent
the court;
b) Place,
assign and administer judges of the court;
c) administer
personnel of the court;
d) Perform
other duties entrusted by law and this Proclamation.
2) prepare
and submit to the President of the Supreme Court the work plan and budget of
the court and implement same upon approval;
3) The
effectiveness and efficiency of work plans prepared pursuant to sub-article two
of this article shall be evaluated as per the federal supreme courts
accountability system;
4) submit,
to the President of the Federal Supreme court, periodical reports on the
activities of the Court;
5) The
Federal High Court and First Instance Court shall have their respective
VicePresidents.
6) The
Vice-President of each court shall serve in the President’s stead in the
absence of the President and discharge other duties as may be assigned by the
President.
7) Presidents
and vice Presidents of Federal High and First Instance Courts may be assigned
as a presiding judge in any division of their respective Courts.
20. Powers
and Duties of Representative Judge of an Assigned Division
1) Divisions
of Federal High Court and First Instance Court shall have their own
representative judge;
2) Representative
Judges of each Assigned Divisions shall, in addition to its judicial function,
perform the following activities by the direction of their respective Court
Presidents:
(a)
Coordinate works of the Assigned division
(b)
Provide proper response to complaints related
to administrative matters
and administer employees; (c)
Submit report to their respective court president regarding works conducted in the
Assigned Division;
(d) Perform other duties as may be entrusted by their respective court
president.
3) Administer the finance of assigned
division based on the delegation from the president of their respective court
21. Presiding
Judge of the Federal Courts
A Federal Court division
in which three or more judges are sitting shall have a presiding judge.
22. Duties of
the Presiding Judge of Federal Courts
1) The
Presiding Judge of the division of Federal Courts shall undertake the following
functions
a) Administer
the overall tasks of the division by ensuring that the process of the division
is conducted in accordance with the law;
b) Ensure
that each judge of the division has clear awareness about the content of each
file decided by the Division;
c) Administer
support staffs of the division;
d) Ensure
proportional participation of each judge of the division in preparing judgement
and/or decisions rendered by the division.
2) The
Presiding Judge shall conduct the duties mentioned in Sub-article (10) of this
Article without impairing judicial independence of judges of the Division.
CHAPTER SIX
Federal
Court Structure and the Administration of
Justice
23. Judges,
Other Professionals and Support Staff of the Federal Supreme Court
1) The
Federal Supreme Courts shall have a President, a Vice-President and Judges
necessary for adjudication.
2) The
Federal Supreme Court shall have Federal Courts directors, registrars,
assistant judges, legal experts and other support staff administered by
regulation issued by the Court.
24. Division of
the Federal Supreme Court
1) The
Federal Supreme Court shall have first instance, appellate and cassation
divisions necessary for its function
2) Each
Federal Supreme Court Appellate Division shall sit with not less than 3(three)
judges and the Cassation Divisions shall sit with not less than 5(five)
judges.
3) Presidents
and vice President of Federal supreme court may be assigned as a presiding
judge in any division of their respective Courts.
25. Cassation
Division Sitting with more than five Judges
1) The cassation division presided by five
judges may, by its own initiation or by a petition filed by one of the litigant
parties, direct the case to be heard by a cassation division comprising of not
less than seven judges by giving clear and sufficient reasons where changing
the previous legal interpretation is so necessary.
2. The
president shall order that the case be heard by a cassation division presided
by not less than seven judges, where a request has been made in accordance with
Sub-article (1) of this Article. or for any other reason.
3. Interpretation
of law rendered by the cassation division pursuant to sub-article (1) of this
article shall be binding on all courts from the date of the decision
rendered.
26. Application
Procedure for Cassation.
1) An
application for a hearing in cassation shall state in short the reasons for
alleging that the decision contains basic or fundamental error of law in line
with the definition given under Sub – Article (4) of Article 2 of this
Proclamation by stating the requested relief and in accordance with the
guideline issued by the Federal Supreme Court.
2) The
concerned applicant shall, in addition to the application submitted in
accordance with Sub-article (1) of this Article, submit a copy of the decision
against which a cassation is lodged and of the decisions of lower courts. The
cassation division may order the parties to bring the full copy of files from
the lower courts.
3) An
application for a hearing in cassation shall be submitted to the Federal
Supreme Court within 90 (ninety) days from the date on which the final decision
protested against is rendered
27. Petition
and Proceedings in Cassation Division
1) Without
prejudice to regulation to be issued by the Federal Supreme Court regarding
cases proceedings procedure of Cassation Division, the application shall be
heard in cassation pursuant to Article 10 of this Proclamation subject to prior
ruling as to the existence of fundamental or basic error of law qualifying for
cassation as specified under
Article 2 Sub-Article (4) of this Proclamation by a
Division wherein three judges of the Federal Supreme Courts sit.
2) When
the Cassation Division to which the application is referred concludes upon
examination of the application that there is no basic or fundamental error of
law, it shall order the dismissal of the application.
3) When
the Cassation Division to which the application is referred concludes upon
examination of the application that the case has a merit, it shall frame issue
and send the same with the Cassation application and summon to the respondent
to reply in writing.
4) After
submission of the written reply and counter reply and exchange of the same between the parties, the Cassation Division
shall, unless it is necessary to hear the parties, render decision.
28. Judges, Divisions and other
Workers of the Federal High Court and Federal First Instance Court.
1) The
Federal High Court and First Instance Court shall have judges and divisions
required for their functions.
2) The
Federal High Court and First Instance Court shall have registrars, assistant
judges, legal experts and other staff to be administered by their respective
Presidents in accordance with Sub-Article (1)(b) of Article 16 and Sub-Article
(2) of Article 22 of this Proclamation.
3) The
Division of the Federal High Court and Federal First Instance Court shall be
presided by one judge.
4) Notwithstanding
the provisions of Sub- article (3) of this article
(a) criminal
charges punishable with more than fifteen years’ rigorous imprisonment shall be
heard by a panel of three judges;
(b) Certain
cases may be heard by a panel of three judges in the Federal High Court and
First Instance Court by a directive issued by the Federal Supreme Court.
29. Place of
Sittings of Federal Courts
1) The
seat of the Federal Supreme Court shall be in Addis Ababa.
2) The
seats of Federal High Court and the First Instance Court shall be in Addis
Ababa,
Dire Dawa and in the places at regions as
stipulated in the Federal High Court
Establishment Proclamation No. 322/2003 and in such other
places as may be determined in accordance with Article 78 Sub-Article (2) of
the Constitution.
3) The
federal supreme court shall organize federal high court and first instance
courts as provided in Sub-article (2) of this Article.
30. Working
Language of the Federal Courts
1) Amharic
shall be the working language of the Federal Courts.
2) The
Court shall provide a competent interpreter to a person who does not understand
Amharic language.
3) The
Court shall similarly provide a sign language expert for concerned disabled
person.
4) Federal
Courts at all levels shall organize Interpreters office with complete service.
31. Open
Hearing
1) Courts
shall conduct court proceeding in open court.
2) Notwithstanding
the provisions of Sub-Article (1) of this Article, cases may be heard in camera
where it is found necessary to protect:
(a) the
right to privacy of the parties concerned,
(b) National
Security and
(c) public
morality and public decency.
32. Withdrawal
from proceedings or Removal of Judges
1) A judge of a Federal Court shall may be
removed from his bench where:
(a) he/she
is related to one of the parties or the
advocate thereof by consanguinity or by affinity:
(b) the
dispute relates to a case for whom he/she acts or acted as tutor, legal
representative or advocate to one of the disputing parties;
(c) he/she
has previously acted as judge or mediator or an arbitrator in connection with
the case or the subject matter of the dispute. This may, however, not
applicable where a judge has previously acted as a judge of lower courts or
appellate court in the process of remand.
(d) he/she
has a case pending in court with one of the parties or the advocate thereof;
(e) There
are sufficient reasons, other than those specified under Sub-Article (1)(a) to
(1)(d) of this Article, to conclude that injustice may be done.
2) The judge concerned shall withdraw as soon as he/she is
aware that he/she should not sit, as provided in Sub-Article (1) of this
Article, and shall be replaced by another judge.
33. Application
for Removal of a Judge
1) Where
a party to a case find out that a judge should not sit for one of the reasons
specified in Article 31 of this Proclamation, he/she shall submit a written
application to the court requesting the removal of the judge.
2) The
application shall be made before the trial opens or soon after the party
becomes aware of the reason for making such an application.
3) Where
a judge is sitting alone he/she shall, after considering the application,
either withdraw or refer the matter for decision to another division of the
same court. Where there is no other division the application shall be referred
to the court in which appeal lies from the decision of the court.
4) Where
the judge is sitting with other judges, the matter shall be decided by the
other judges who sit in the same division.
5) A
decision shall be rendered within 15(fifteen) days from the date such
application reached the new division. and the decision shall be final with no
appeal.
6) A
judge shall forthwith comply with a decision given under this Article.
34. Cost and
Penalty of Application for Removal of a Judge
1) Where
the application submitted in accordance with Article 32 of this Proclamation is
dismissed, the costs shall be borne by the applicant irrespective of the
outcome of the case.
2) Where
a party makes an application without good cause, the court may, in addition to
dismissing the application, impose a fine not less than 1000 Birr and not
exceeding 5000 Birr. Provided however, where the applicant makes a malicious
application with the intention of defaming or damaging his honor or delaying
the proceedings, the court may impose a fine not less than 5,000 Birr and not
exceeding 10,000 Birr.
CHAPTER SEVEN
BUDGET AND HUMAN RESOUCE MANAGEMENT OF FEDERAL
COURTS
35. BUDGETARY
ADMINSTRATION AUTONOMY OF FEDERAL COURTS
1. Federal
Courts shall have a consolidated judicial budget which shall be a charge on the
Federal Government budget.
2. Such
consolidated budget system shall be sufficient to allow the Federal Courts
properly and effectively perform their functions entrusted them by the
Constitution and other laws.
The consolidated budget shall include the
following:
(a) Provisions
for adequate salaries for judicial and non-judicial personnel.
(b) Provisions
necessary for operations and purchase supplies and services;
(c) Provisions
as needed for capital expenditures for infrastructure facilities and equipment.
and;
3. Without
prejudice to sub article (1) and (2) of this article, all court fees, fines, donors’
fund and other fees collected from judicial service shall be part of the
consolidated judicial budget.
4. The
appropriation of the budget to the Federal Courts made by the House of Peoples’
Representatives shall constitute authorization of the federal courts to spend
the amount approved based on their own plan and priorities without limitation
by line item or similar categorical restrictions.
5. Federal
courts annual budget shall not be less than 1 percent of the national annual
budget.
36. BUDGET
OF FEDERAL COURTS
1) In
accordance with Art 79 (6) of the Constitution, the president of the Federal
Supreme Court shall prepare budget for Federal Courts and submit the same to
the House of People`s Representatives.
2) The
President shall, together with other judicial officials, shall explain the
budget request of the Federal Courts before the House of Peoples’
Representatives.
3) The
Federal Supreme Court shall present report to the House of Peoples’
Representatives regarding the administration of budget to Federal Courts.
4) The
fiscal year of the federal courts shall be the same as the fiscal year of the
Federal Government.
37. CALLANDER
OF FEDERAL COURTS
1) The
work hours of the federal courts and federal judges shall be the same with the
working hours of other government institutions and civil servants.
2) Notwithstanding
sub-article (1) of the provision of this article, federal courts shall be
closed from July 8 to September 12 every year.
3) Notwithstanding
sub article (1) and (2) of this article, emergency cases shall be tried in
courts by judges who work in over-time voluntarily.
38. HUMAN
RESOURCES
1) Federal
Courts shall have independence to recruit, hire and administer their own
nonjudicial personnel.
2) The
recruitment, hire, placement, promotion, transfer, training, salary increments,
benefits, disciplinary matters and other related matters of non-judicial
personnel shall be governed by a regulation prepared by the Federal Supreme
Court and approved by the Council.
3) The
regulation issued by the Federal Supreme Court shall include the
following:
a) recruitment,
hire, placement, promotion, transfer, training, salary increments, benefits,
disciplinary matters shall be free from prejudices based on race or ethnic
identity, gender, disability or religious or political affiliation on any other
status.
b) new
personnel shall be employed through a system of open and competitive
application, examination and evaluation and only where it is established that
they fulfill the specific requirements set for the position based on
educational qualifications, professional certification, experience,
proficiency, competence and special skills met in relation to good performance,
c) Compensation
for non-judicial personnel shall be sufficient enough to attract and retain
highly competent staff and it shall be periodically reviewed and revised
pursuant to a procedure based on the merit system with a view to employing and
attracting best qualified non-judicial personnel based on a set of principles;
4) The
rights and benefits of non-judicial personnel cannot be less than the rights of
other government employees provided for by the civil service law.
39. AUDIT
The books of accounts and utilization of budget of Federal
courts shall be audited annually by the Federal Auditor General.
CHAPTER
EIGHT
The Plenum of the Federal Courts
40. Plenum of
the Federal Courts
The Federal Courts shall have a Federal Courts
Plenum (hereinafter referred to as” the
Plenum.”)
41. Members of
the Plenum
1) Members
of the plenum shall be the Presidents, Vice-Presidents of the Federal Courts,
Judges of the Federal Supreme Court, two judges, one woman and one man, from
each Federal High Court and Federal First Instance Court, Presidents of
Regional Supreme Courts, Presidents of Addis Ababa and Dire Dawa City
Courts.
2) The
Federal Attorney General shall participate in the sessions of the Plenum
without, having the right to vote.
3) Judges
not referred to under Sub-Article (1) of this Article and representatives of
appropriate government offices, associations, organizations, higher legal
education institutions or scientific institutions or other individuals may be
invited by the Federal Supreme Court to participate in the Plenum without, however,
having the right to vote.
42. Powers and
Duties of the Plenum
The Plenum shall have the following powers and duties:
1) deliberate
on problems encountered within Ethiopia with respect to independence of the
judiciary, accountability and administration of justice and work out remedies
thereto;
2) without
prejudice to the power given to Federal Supreme Court and the Federal Judicial
Administration Council to issue regulation and directive
in accordance with this Proclamation and other relevant laws, issue directives
and pass decisions that help improve the judicial practices of federal courts;
3) submit
proposals to the House of Peoples Representatives for the enactment of new laws
or the amendment of existing ones;
4) perform
such other functions that help to make the judiciary efficient and strong;
and 5) issue directives necessary for the
proper carrying out of its duties.
43. Working
Procedure of the Plenum
1) The
President of the Federal Supreme Court
shall be the chairperson of the Plenum.
2) The
plenum shall designate its secretary.
3) The
Plenum shall designate committees to assist its functions
4) The
Plenum shall, where necessary, have its own liaison office and focal persons in
courts.
5) The
Plenum shall convene once a year on non-working days. Additional meetings may
be called when necessary.
6) Two-
thirds of the members of the Plenum shall constitute a quorum. Decisions shall
be adopted by a majority vote. In case of a tie the chairperson shall have a
casting vote.
CHAPTER
NINE
Court Annexed Mediation and Case Management
44. Court
Annexed Mediation
1) Among
the cases that are to be heard by the Federal First Instance court and Federal
High Court, some cases shall be referred to Court Annexed Mediation in
accordance with directive issued by the Supreme Court.
2) Where
the parties have failed to resolve their dispute through Court Annexed
mediation, the court proceedings shall be initiated by filing a letter signed
by the mediators to that effect.
3) Where
the parties have reached an agreement, the mediator shall cause the approval of
the settlement agreement by a court by clearly stating the terms of settlement
and having it signed by the parties.
4) The
approved settlement agreement shall be executed like any decision of a
court.
5) Where
the proceeding is interrupted due to absence of the other party, the mediator
shall report to the court by specifying the reason for the interruption and the
court proceedings shall be initiated.
6) Where
the parties have reached an agreement, any paid court fee shall be reimbursed
after deducting mediation expenses.
7) The
Federal Supreme Court shall issue regulation for the implementation of this
Article,
45. Principles
of Mediation
1) The
parties shall be free and equal in any process of mediation.
2) Communications
of the parties shall not be admissible as evidence in the process of
litigation. And the mediator shall give assurance for same.
3) All
communication of the court-annexed mediation shall be confidential.
46. Mediators
1) A
person with a bachelor degree in law and with at least five years of experience
in the field of law and who has taken training in mediation and has fulfilled
the criteria set by the Supreme Court may be appointed as Mediator.
2) A
professional who has fulfilled the requirements provided for in Sub-article (1)
of this Article shall be entered in the roster of mediators prepared by the
Federal Supreme Court.
3) The
court may hire mediators as permanent or temporary employee as may be
necessary.
47. Fees
1) The
Mediators mentioned in Sub-article (1) and (2) of Article 46 shall pay annual
and administration fee as determined by the Federal Supreme court
directive.
2) Mediators
who are elected by the parties and provides mediation service shall be entitled
to appropriate fee for their service.
3) Parties
to a court annexed mediation shall pay appropriate fee for the service.
4) The
federal Supreme Court shall issue detail directive regarding fees.
48. Case-Flow
Management
1) Federal
courts shall implement case flow management system in order to make the system
of rendering of justice efficient and ensure its quality by setting a time
frame filing and disposition of cases.
2) The
Federal Supreme Court shall issue detail directive for the implementation of
the provision of Sub-article (1) of this Article.
49. Technology
Based File Management System
1) The
federal courts may introduce a system for digitalizing or automating the filing
and management of civil or criminal cases at any level of courts by using new
information technology (IT).
2) Parties
to a dispute shall have the obligation to conduct their litigation by using the
system.
3) The
detail shall be determined by a directive to be issued by the Federal Supreme
court.
Chapter Ten
Miscellaneous Provisions
50. Decisions
and Orders of the Federal Courts
1) Unless
otherwise provided by law, decision and order rendered by any Federal Court
shall be binding.
2) Decisions
or orders of the Federal Courts shall be executed within Ethiopia. Any
government body or institution, non-government organization or person residing
in any region shall have the obligation to execute or cause to be executed such
decisions or orders.
3) Any
person who fails to discharge his obligation imposed by this Proclamation be
shall held accountable in accordance with this Proclamation and any other
relevant law the law.
4) Where
two or more Regional or Federal Courts or Addis Ababa or Dire Dawa cities
Courts claim or disclaim jurisdiction over a case, the Federal Supreme Court
shall give the appropriate order thereon.
51. Penalty
1) Whosoever
obstructs the independence of court and judges or put pressure or attempts to
put pressure on judges is punishable, unless a more severe penalty is provided
for in another law, with simple imprisonment not less than three months and
with rigorous imprisonment not exceeding two years.
2) Whosoever
fails to obey a court order or decision hinders the execution thereof or fails
to cooperate or give assistance when so requested is punishable, unless the
more severe penalty is provided for in another law, with simple imprisonment
not exceeding two years or with fine not exceeding birr 5, 000.
52. External
Judicial Advisory Council.
1) The
federal Supreme Court may establish an external advisory council composed of
exjudges of the federal courts, highly experienced and qualified legal
professionals, university Professors who serves in the council for free.
2) The
advisory council shall administer the court by providing non-binding
recommendations and perform such other functions assigned to it by the court.
3) The
advisory council shall perform its functions by complying with the principle of
judicial independence and undertake its function with strict discipline.
4) The
details shall be provided by directive issued by the Federal Supreme Court.
53. Leave of
Appeal
1) Any
person who wishes to appeal from the decisions of lower courts shall take leave
of appeal from the same court
2) Sub-article
1 of this article shall be applicable for civil matters identified and
determined by the directive of the Federal Supreme Court.
54. Power to
Issue Regulation and Directives
1)
Federal Supreme Court may issue regulation regarding the following:
(a) Small
number of/claim/ cases which may not be referred to cassation division
(b) Federal
court fee rules;
(c) Payment
of penalty in the course litigation, costs and expenses; and
(d) Procedural
rules for management of cassation division of the Federal Supreme Court;
2). Federal Supreme Courts may issue directive regarding
matters provided for in this Proclamation.
55. Transitory
Provisions
1) All
pending cases shall continue to be heard by the same court in accordance with
the repealed/former/ law.
2) The
provisions of Article 11 to Article 15 of this Proclamation shall come into
force after six months as of the effective date of this Proclamation.
3) Recruitment,
placement, promotion and transfer of non-judicial personnel shall continue to
be governed by the repealed law in so far as they are consistent with this
Proclamation until a regulation is issued to that effect.
56. Repealed
and Inapplicable Laws
1)
Without prejudice to the provision of Article 40
of this proclamation Federal Courts Proclamation No. 25/1996 as amended by
Proclamations Nos. 138/1998, 254/2001, 321/2003 and 454/2001, 321/2003 and
454/2005 are here by repealed.
2)
Any law inconsistent or dealings related to
matters provided under this Proclamation shall not be applicable.
57. Effective
Date
This Proclamation shall come into force as of the day of 2019.
Done at Addis Ababa, this day of
–––––––––––––––– 2019
H.E. Sahlawork Zewede
PRESIDENT
OF THE FEDERAL DEMOCRATIC
REPUBLIC
OF ETHIOPIA
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