Federal Courts(Amendment) Proclamation No. 138-1998

 

PROCLAMATION NO. 138/1998

A PROCLAMATION TO AMEND THE FEDERAL COURTS PROCLAMATION

WHEREAS, it is found necessary to amend the Federal Courts Proclamation No. 25/1996;

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 Courts(Amendment) Proclamation No. 138/1998."

 

2. Amendment

The Federal Courts Proclamation No. 25/1996 is hereby amended as follows:

1. Sub-Article (9) of Article 4 is hereby deleted and replaced by the following new sub-Article (9).

"9) offences that foreign nationals are charged with, but not including petty offences;"

2. Article 15 is hereby deleted and replaced by the following new Article 15:

"15. Criminal Jurisdiction of the Federal First Instance Court

The Federal First Instance Court shall have jurisdiction over the following criminal cases:

1) Criminal cases specified under sub-Article (4), (5), (6) and (7) of Article 4 hereof;

2) without prejudice to judicial power vested in other organs by law, criminal cases under the jurisdictions of Awraja and Woreda courts pursuant to other laws in force as well as criminal cases arising in Addis Ababa and Dire Dawa."

3. Sub-Articles (2)(a) and (b) of Article 16 are hereby deleted and replaced by the following new sub-Articles (a) and (b):

"(a) without prejudice to the power and duty entrusted to the Federal Judicial Administration Commission, place as well as assign and administer judges of Federal Courts;

(b) employ personnel necessary for Federal Courts;"

4. The following new sub-Article (3) is added under Article 16:

"3) the President of the Federal Supreme Court, where he deems it necessary, may;

(a) delegate part of his powers and duties to the President of the Federal High Court or of the Federal First Instance Court.

(b) in the exercise of his power under sub-Article (2)(b) of this Article, solicit and obtain the separate or joint views of the Presidents of the Federal High Court and the Federal First Instance Court, as concerns their respective court."

5. Sub-Article (1) and (2) of Article 18 are hereby deleted and replaced by the following new sub-Article (1) and (2):

 

"18. Powers and Duties of the President of the Federal High Court and the Federal First Instance Court

The President of each Court shall:

1) represent the respective Court; without prejudice to the power and duty entrusted to the Federal Judicial Administration Commission, place as well as assign and administer judges of the respective court, pursuant to delegation and in accordance with directives given by the President of the Federal Supreme court.

2) administer personnel of the respective court, pursuant to delegation and in accordance with directives as under Article 16(3)(a) hereof."

 

6. Article 23 is hereby deleted and replaced by the following new Article 23:

"23. Divisions of the Federal High Court and the Federal First Instance Court:

1) The Federal High Court and the Federal First Instance Court shall have such divisions as are necessary for their functions;

2) There shall sit a single judge, in each division of the Federal High Court and the Federal First Instance Court;

3) Notwithstanding the provisions of sub-Article (2) of this Article, the following cases shall be heard by a division with a presiding judge and two other judges sitting;

(a) charges brought by the Special Public Prosecutor’s Office pursuant to Proclamation No. 22/1992;

(b) civil cases heard by the Federal High Court in its appellate jurisdiction;

(c) any criminal case heard by the Federal Court and the Federal First Instance Court;

(d) other cases specified under directives to be issued by the Federal judicial Administration Commission.

4) The President and Vice-President of the Federal High Court as well as the President of the Federal First Instance Court may preside over any division, of their respective court, wherein three judges sit."

3. Effective Date

This Proclamation shall come into force as of the 1st day of December, 1998.

Done at Addis Ababa, this 1^st day of December, 1998

NEGASO GIDADA (DR.)

PRESIDENT OF THE FEDERAL DEMOCRATIC

REPUBLIC OF ETHIOPIA