Inside the Judicial Power

Transcription

REPUBLIC OF CAMEROON
Peace – Work - Fatherland
Inside the Judicial Power
TTH
HEE SSU
UPPRREEM
MEE CCO
OU
URRTT O
OFF CCAAM
MEERRO
OO
ON
N
'The law shall ensure the right of every person to a fair hearing before the courts»
Preamble of the Constitution
1
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TABLE OF CONTENTS
PREFACE
I-
4
INTRODUCTION
13
Organizational Chart of the Supreme Court
16
ORGANIZATION AND FUNCTIONING OF THE SUPREME COURT
17
A –JUDICIAL STRUCTURES OF THE SUOREME COURT
18
1) Judicial staff of the supreme Court
18
a) The Bench
23
b) The Legal Department
24
2) Trial organs
24
a) Composition and attributions of various Benches
26
a.1) The Judicial Bench
26
1° - Composition
26
2° - Jurisdiction
27
a.2) The administrative Bench
29
1° - Composition
29
2° - Jurisdiction
29
a.3) The Audit Bench
31
1° - Composition
31
2° - Jurisdiction
32
a.4) The Panel of Joint Benches
33
1° - Composition
33
2° - Jurisdiction
33
a.5) The panel of Joint Divisions
X
1° - Composition
X
2° - Attributions
X
B –ADMINISTRATIVE STRUCTURES OF THE SUPREME COURT
34
1)
The General Assembly of the Supreme Court
34
2)
Le Bureau of the Supreme Court
35
3)
The Secretariat General of the Supreme Court
36
C – THE FUNCTIONING OF THE SUPREME COURT
II- PROCEDURE BEFORE THE SUPREME COURT
A- GROUNDS OF APPEALS
37
38
39
1)
General Grounds of Appeals
39
2)
Special Grounds of Appeals from the Procureur General
39
B – LA PROCEDURE BEFORE THE JUDICIAL BENCH
3
40
1)
Forms and Time-limit of Appeal
40
2)
Processing of an appeal before the Supreme Court
41
3)
Trial
43
C – PROCEDURE BEFORE THE ADMINISTRATIVE BENCH
48
1) Appeals to theAdministrative Bench
48
2) Final Appeals to the Supreme Court in Admnistrative matters
50
a) Different types of Appeals
50

Ordinary appeals to the Supreme Court
50

Appeals against urgent administrative matters
53

Appeals against Orders of Stay of Execution
53
b) Hearing and judgment before the Administrative Bench
54
D – PROCEDURE BEFORE THE AUDIT BENCH
56
1) The Audit Bench ruling as an original and last resort jurisdiction
56
2) The Audit Bench ruling as a final jurisdiction
56
a)
Grounds on which an appeal may be based and the examination thereof
56
b)
Judgment
58
E – PROCEDURE BEFORE THE JOINT BENCHES
62
F – LA PROCEDURE BEFORE THE JOINT DIVISIONS
64
G – SUPREME COURT SITTING AS THE CONSTITUTIONAL COUNCIL
64
III- AUTRES MISSIONS DE LA OTHER FUNCTIONS OF THE SUPREME COURT
68
A – ASSISTANCE IN THE SWEARING IN OF THE PRESIDENT OF THE REPUBLIC
AND COMPLEMENTARY SERVICES TO THE NATIONAL ASSEMBLY
69
B – COURT SESSIONS FOR THE SWEARING-IN CEREMONIES AND
INSTALLATION OF MEMBERS OF THE SUPREME COURT
C – THE SUPREME COURT AS A DISCIPLINARY ORGAN
69
69
D - THE SUPREME COURT ADJUDICATING ON ISSUES CONCERNING
CERTAIN PROFFESSIONAL BODIES
70
E – THE SUPREME COURT AS AN ORGAN FOR COMPENSATION OF
VICTIMS OF ILLEGAL DETENTION
70
F – THE SUPREME COURT COMMISSION ON LEGAL ASSISTANCE
G – ACTIVITIES OF THE SUPREME COURT AT THE INTERNATIONAL LEVEL
ANNEXTURES
X
70
X
FORMER HEADS OF THE SUPREME COURT BEFORE AND AFTER 1972
SOME PHOTOGRAPHS
71
72
HEADS OF THE SUPREME COURTS OF THE FEDERATED STATES
72
AFTER 1972
73
POST FACE
74
4
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AArrttiiccllee 3377 ((22)) ooff tthhee CCoonnssttiittuuttiioonn
5
Members of the Supreme Court and Heads of Courts of Appeal at the Solemn Re-opening of the Judicial Year
on 28 February 2008
6
PREFACE
by the Right Honourable Alexis DIPANDA MOUELLE
Chief Justice of the Supreme Court
Charles de Secondat, better known as Montesquieu, recalled in the
SPIRIT OF THE LAWS, referring to the English Constitution, that “in every
government, there are three sorts of power: the legislative, the executive in respect to
things dependent on the law of nations, and the executive in regard to matters that
depend on the civil law.
By virtue of the first, the prince or magistrate enacts temporary or
perpetual laws, and amends or abrogates those that have been already enacted. By
the second, he makes peace or war, sends or receives embassies, establishes the
public security, and provides against invasions. By the third, he punishes criminals
or determines the disputes that arise between individuals. The latter we shall call the
judiciary power…”
Adopting the same logic, the Constitution of Cameroon of 18 January
1996 has raised the judicial authority to a (judicial) power, independent of the other
traditional ones like the executive and legislative with which it coexists and
collaborates.
The Constitution henceforth recognizes:
Part 2 Articles 5 to 13: The executive power represented by the President
of the Republic;
Part 3 Articles 14 to 36: The legislative power represented by the National
Assembly and the SENATE;
Part 5 Articles 37 to 42: The judicial power represented by the Supreme
Court, Courts of Appeal and tribunals;
Part 4 interserted between Parts 3 and 5 treats only the relations between
the executive and the legislative powers.
This trilogy calls to mind the African pot whose stability on the hearth
depends on its three stands of equal dimension, equidistant from one another. This
stability guarantees good cooking and the ensuing taste of the food.
Any disruption of the balance for whatever reason, for example
shortening one of the stands could be catastrophic.
Hence, no matter the ductility of any argument that could be raised, the
only guarantee of the rule of law and stability of the State is the harmonious
functioning of all its institutions, which on its part ensues from the respect of the
fundamental law.
7
While the activities of the executive and legislative, from which the
Government and the National Assembly emanate, are often publicized, those of the
judiciary are only perceived on a daily basis through the judgments of the Courts of
Appeal and tribunals.
The Supreme Court is less known because the public does not understand
its activities. .
Some light is shed on the mystery surrounding it only during elections, since the
court still has jurisdiction to rule on all electoral disputes, or during the swearingin of some citizens whose professions require this formality.
Then and only then is it on headline news.
Meanwhile, the Supreme Court has many functions. It would be proper for the
institution and its activities to be known by all.
Thus, to use the famous expression, for further information, I invite you
to flip through the following pages.
8
"The President of the Republic shall guarantee the independence of judicial
power…»
Article 37 (3) of the Constitution
H.E. Paul BIYA, President of the Republic
President of the Higher Judicial Council
« … My main worry for close to some twenty years now has been to advance our
institutions towards a modern democracy that is adapted to the present state of our
society and complies with international standards. Here, bit by bit we are making
progress »
Address of 31 December 2007 to the Nation
9
Mr. AMADOU ALI
Vice-Prime Minister, Minister of Justice, Keeper of the Seals
Vice-President of the Higher Judicial Council
10
HEAD OF THE SUPREME COURT
« In Cameroon, it is not Government that
constitutes a threat or a stumbling block to the
independence of the judiciary: the judge has
two masters, the law and his conscience -what
threatens or could hinder the independence of
the judge is the breach of his oath: it is in fact
when he pays attention to the sirens of
sectarism and tribalism, to the trumpets of
ideologies and political interests on the one
hand; and when he abandons himself to
insidious and tempting appeals on the other
hand»
Address of the Chief Justice of the Supreme Court at the
swearing-in ceremony of young magistrates of the 2003
batch, Yaounde, 9 July 2004.
Rt. Honourable Alexis DIPANDA MOUELLE
SuperScale Magistrate
Group 1
Commander of the National Order of Valour
Chambers of the Chief Justice
11
CAREER AND EXPERIENCE
- Licence en droit ès Sciences Economiques (Mention Assez Bien) (Holder of an LL .B)
D.E.S. en Droit des Affaires ( Post graduate Diploma in Business Law)
Functions
National level
Absorption into the Judicial and Legal Services
Substantive judge at the Abong-Mbang Court of First Instance and seconded to the
post of Examining Magistrate at the Yaounde Special Criminal Court;
1969 - 1971
State Counsel at the Ebolowa Court of First Instance;
1971 - 1975
President of the Foumban Court of First Instance and officer in charge of public
prosecution;
1975 - 1980
Procureur General at the Court of Appeal, Littoral, and lecturer at IAE (Institute of
Business Administration-Douala University)
1980 - 1986
Secretary General at the Ministry of Justice, and lecturer at the National School of
Administration and Magistracy (Judicial Division)
Two months course in 21 states of the United States of America on the American legal
and judicial system
(Washington, California, Arizona, Colorado, Montana, North Dakota, New Mexico,
Texas, Missouri, Louisiana, Mississipi, Georgia, Florida, Virginia, Pennsylvania,
Vermont, New-York, New-Jersey, Massachusetts, Maryland, Delaware)
Refresher courses in Canada (Quebec), Great Britain, Switzerland (Geneva, Zurich
and Berne), Germany (Bonn and Cologne), the Netherlands (the Hague), Lebanon
(Beirut), in Turkey (Istanbul, Esmir, Dyarbakir), China (Peking, Shanghai), Israel
(Jerusalem, Tel-Aviv, Haifa), Egypt ( Cairo), in Morocco ( Rabat, Marrakech), in
Tunisia (Tunis), Algeria (Algiers)
Appointed honorary citizen of the towns of Denver in Colorado and Lafayette in
Louisiana
1986 - 1990
Procureur General of the Supreme Court
1990 Chief Justice of the Supreme Court
1965
International level
Member of the United Nations Committee of experts for the enforcement of the
Convention against torture and other cruel, inhuman or degrading punishment or
treatment
President of the United Nations Committee of experts for the enforcement of the
Convention against torture and other cruel, inhuman or degrading punishment or
treatment
Member of the World Organization for the prevention of torture (WOPT)
Member of the World Organisation against Torture (OMCT)
Member of the World Association against Drug Consumption and Psychotropic
Substances
Member and Vice President of the International Association of Francophone Supreme
Courts
Member of the Association of Francophone Constitutional Courts
Member of the World Association of Jurists
Member of the Commonwealth Magistrates’ and Judges’ Association (CMJA)
Member of the International Law Institute of French expression or inspiration (IDEF)
Member of the Henri CAPITANT Legal Association
Member of the Drafting Committee of Law Review of African countries (Penant Law
Review)
Judge at the International Court of Arbitration of the Paris International Chambers of
Commerce
Member of the Permanent Court of Arbitration at The Hague (Netherlands)
Publications
WORKS
- "Torture: Human barbarism" 30 September 1997
- Opuscule: "No to the Violation of Human Rights with impunity» 30 September 1997
- Chronological Record of jurisprudence by the Supreme Court of Cameroon (five
volumes: Criminal Law, Civil Law, Business Law, Customary Law, Labour Law,
Administrative Law)
Articles
- "Justice and Businessmen"
- "Customs and modern life"
- "Incidents relating to international trade"
- Access of litigants to the Supreme Court"
- "Equality of all before the law"
- "Important judgments constituting jurisprudence delivered by the Supreme Court of
Cameroon"
- "The judge and his truth"
- "Human Rights in a Growing Democracy"
- "Legal problems relating to succession disputes" etc.12
HEAD OF THE LEGAL DEPARTMENT OF THE
SUPREME COURT
« In today’s world, improving on good
governance and especially the fight against
corruption, this scourge to development, are a
constant worry of the State.
The fight against corruption is one of the priorities
of the political programme initiated by the Head of
State who has enjoined Government to take severe
measures to combat this scourge. »
Submissions of the Honourable Procureur General
at the Supreme Court at the Solemn Re-opening of
the Judicial Year on 28 February 2008
Honourable Martin RISSOUK à MOULONG
Procureur General at the Supreme Court
Super Scale Magistrate
Group 1
Commander of the National Order of Valour
Chambers of the Honourable
Procureur General
13
CAREER AND EXPERIENCE
Holder of a Licence en Droit Privé (LL.B in Private Law).
Functions
1965
1965 – 1966
Absorption into the Magistracy
President of the Court of First Instance, Fort-Foureau (Kousséri)
Judge at the Court of First Instance, Yaounde
1966 – 1967
Judge at the Court of First Instance, Ebolowa
1967 – 1969
Deputy Procureur General at the Dschang Court of Appeal in charge of
public prosecution
1969 – 1972
State Counsel at the Court of First Instance, Douala
1972 – 1975
State Counsel at the Court of First Instance, Yaounde
1975 – 1976
Procureur General at the North Court of Appeal, Garoua
1976 – 1977
President of the Littoral Court of Appeal, Douala
1977 – 1981
President of the Centre Court of Appeal, Yaounde.
Study trip to Bangui, Central African Republic on the theme « Civil Status in
the rural area » organized and funded by an American agency known as
« VICTIM » and the Customs and Economic Union of Central African States
“UDEAC”
1981 – 1988
President of the Littoral Court of Appeal, Douala
Three months course in 21 states of the United States of America on the
American legal and judicial system
(Washington, California, Arizona, Colorado, Montana, North Dakota, New
Mexico, Texas, Missouri, Louisiana, Mississipi, Georgia, Florida, Virginia,
Pennsylvania, Vermont, New-York, New-Jersey, Massachusetts, Maryland,
Delaware)
.Study trip to the Supreme Court of the French Republic on the theme
«access to justice, and on biodiversity »
1988 – 1990
Judge of the Supreme Court, President of the Administrative Bench
Participation at the Supreme Court Procureurs General Conference on the
theme “Peace through Justice” in Beijing, China.
Participation at the Heads of Supreme Court Conference on the theme
“access to justice” in Jerusalem, Republic of Israel.
Participation at the Heads of Administrative Court Conference in Quebec
City, Canada.
Participation as special guest of the Chief Justice of the Supreme Court of
Cameroon in his capacity as President of the
United Nations commission of Experts on the fight against torture and other
cruel or degrading treatment.
1990 -
14
A View of the Chief Justice’s Chambers (right wing)
A View of the Procureur General’s Chambers (left wing)
15
INTRODUCTION
The Supreme Court, with seat in Yaounde is the incarnation of justice raised to a
judicial power.
It is also at the apex of the judicial system of the country, which system has
experienced a lot of changes.
Following the Germano-Douala Treaty signed on 12 July 1884 in Douala - which in fact
was a protectorate agreement between German businessmen and the Douala chiefs - Cameroon
became a German colony and remained so up to the dual occupation of the country in 1916 by the
troops of French General AYMERICH and English General DOBELL.
This military occupation led to the partitioning of the country into two separate
entities later on known as WEST CAMEROON and EAST CAMEROON.
This partition in turn led to the setting up on either side of the Mungo of two legal
systems; the one, of Romano-Germanic tradition and the other, of Anglo-Saxon inspiration.
These systems functioned in the different parts during the League of Nations and
the United Nations trusteeship under France and Great Britain.
The East Cameroon judicial system was reformed by Ordinance No.59/86 of 17
December 1959 just a few days before the proclamation of the independence of the
autonomous regions of A.E.F.1 on 1 January 1960.
At the peak of the judicial system was the Supreme Court to which an Audit Bench
was added in1961 (Law No.61/3 of 4 April 1961).
East Cameroon reunited with West Cameroon, an autonomous state within the
Federation of Nigeria since 1954. On 1 October 1961 Cameroon became a Federal Republic.
Under this new dispensation, to sever the umbilical cord with the Lagos Court of
Appeal and thus improve on the judicial organization of this Federated state (former West
Cameroon), a Federal Ordinance of 16 October 1961 was signed to set up the Court of
Appeal, Buea - the equivalent of the Supreme Court.
.At the federal level a Federal Court of Justice was set up in the same crucial year of
1961 by Law No. 61/24 of 1 September 1961 to amend the Constitution.
This Court had jurisdiction to determine:
1- The constitutionality and legality of instruments
2- Conflict of jurisdiction between the highest courts of the federated states
3- Interpretation of Federal Law
4- Administrative disputes
5- Disputes between federated states or between the Federal Republic and the
federated states.
The main disadvantage of the federal system was the extreme complexity of all
the institutions functioning in the country and the ensuing financial burden on the State.
On 20 May 1972, following a referendum, the Federal State became a unitary
state called, the United Republic of Cameroon.
All institutions of the new State underwent some changes to comply with its new
structure and Constitution.
At the judicial level, Ordinance No.72/4 of 26 August 1972 was signed to
organize the judiciary of the state.
1- The two highest courts of the federated states vanished with the states.
1
French Equatorial Africa
16
2- The Federal Court of Justice gave way to a new institution, the Supreme
Court, whose organisation and functioning were laid down in Ordinance
No.72/6 of 26 August 1972:
- Besides the functions provided for in Articles 7, 10 and 27 of the Constitution,
the Supreme Court had jurisdiction to rule on:
- Appeals accepted by the law against final rulings delivered by the various
courts and tribunals of the judicial system;
- Judgments passed by the lower courts of the judicial system that have become
final in cases where the application of the law is challenged;
- Applications for bail filed by persons in detention whose appeals are
admissible;
- Administrative disputes ruled on in the first instance by the Administrative
Bench and in the last instance by the Full Bench.
The new judicial system is a synthesis of the two systems thus making the legal
system of Cameroon unique.
The synthesis is translated:
1- At the level of the court :
- on the one hand, by maintaining the two types of court, dear to the French
Revolutionaries of 1789, with an Administrative Court within the Supreme
Court that has jurisdiction to rule on administrative matters and;
- on the other hand, by a single court at the apex of the judicial system,
following an established principle in the Anglo-Saxon system, with a Supreme
Court that has jurisdiction to rule on all kinds of disputes.
2- At the level of dressing during court sessions:
- by robes and adornments which magistrates wear during court sessions and
some ceremonies, a purely French tradition; while the ceremonial full bottom
wig and Judges Bench Wig are a carry-over from British tradition .
3- At the level of legislation:
- by remarkably great strides made since then in Criminal, Labour and other
matters.
It should be noted that no modifications were made at the level of judicial
institutions following the changeover of the United Republic of Cameroon to the Republic of
Cameroon in 1984.
The latest reform is that introduced in the Constitution which, in Part V, Articles
37-42 sets up a judicial power alongside the others and gives the Supreme Court its present
configuration, which will be examined in detail below.
The Supreme Court shall therefore give final rulings on appeals accepted by the
law against final rulings given by the various courts and tribunals of the judicial system
(Courts of First Instance, High Courts, and Courts of Appeal).
As such, its main duty is to ensure the proper application of the rule of law and
give final rulings. Besides, it is referred to as the judge of law unlike the judge of facts.
However, it is worth noting that a growing trend in comparative law confers on the
Supreme Court jurisdiction as a third-tier trial court when the finding of facts of the lower
courts justifies the application of a legal rule.
17
Besides its traditional role, which is to ensure the proper application of the rule of
law by reviewing final judgments and rulings rendered by lower courts, it equally contributes
to the transparent management of the finances of the State, decentralized public authorities
and decentralized local authorities through the auditing of their accounts.
Furthermore, it sits as the Constitutional Council pending the setting up of this
institution in accordance with the provisions of 18 January 1996.
It also participates, alongside the other state authorities, through its transversal
action, in regulating social life, good governance in economic matters, protection and
promotion of human rights, harmonious functioning of State institutions, consolidation of the
rule of law and the ensuing social peace.
However, in spite of the scope and diversity of its functions, the Supreme Court,
given the specificity and complexity of its rules of procedure, does not seem to be readily
accessible.
Besides, the common man does not seem to be very familiar with the legal jargon
here which, to say the least, is esoteric.
In fact, some words in common use have different meanings in legal parlance. For
instance a word like prescription has different meanings depending on whether you are in the
pharmacy or in court.
This guide aims at giving a simple and clear presentation of the Supreme Court by briefly
explaining its organization, functioning, procedures and some of its extrajudicial activities.
The aim is to acquaint litigants and law practitioners with the machinery of the
Supreme Court.
The Supreme Court welcomes any suggestions towards improving this guide with
a view to better serving the public.
Rt. Honourable Alexis DIPANDA MOUELLE
18
Organisational chart of the
19
Supreme Court of Cameroon
17
I – ORGANISATION AND FUNCTIONING OF THE
SUPREME COURT
20
The Supreme Court comprises judicial and administrative structures. It carries out all
its activities throughout the year.
A –Judicial structures of the Supreme Court
These structures are at the Bench and the Legal Department.
As of date, the Court has sixty one Members, forty two (42) of whom are Super
Scale, fifteen (15) fourth grade and four (4) third grade.
All magistrates of the Supreme Court have at least twenty (20) years of experience in
service.
Besides the three Registrars-in Chief, the Court has a non- magistrate staff strength
of four hundred and nine (409) comprising registrars, Contract Officers, Computer
technicians, secretaries, archivists, translators, interpreters and drivers.
1) Judicial staff of the Supreme Court
Some members of the Supreme Court and Heads of Courts of Appeal
Members of the Supreme Court are Magistrates governed by the Rules and
Regulations governing the judicial and legal service.
However, for service reasons, the following officials may be appointed as Judges of
the Supreme Court or Advocates General on extraordinary service in administrative or audit
matters:
21
-University lecturers in law and Economics with at least fifteen consecutive years
of the rank of Professor who have been teaching Law or Economics;
- Lawyers enrolled in the Cameroon Bar with at least twenty (20) consecutive years
of practice;
-Category ‘A’ civil servants and contract workers, who are holders of a Masters
Degree in Law, with at least twenty consecutive years in service.
Before taking office, the Judges and Advocates General on extraordinary service
shall take the magistrates’ oath provided for by the rules and regulations governing the
judicial and legal service.
During the exercise of their duties, they shall, with respect to discipline, be placed
under the authority of the organs provided for, in this respect, by the rules and regulations
governing the judicial and legal service.
The distinguishing principle of the magistrate of the Bench is independence.
Independence, which is the obligation for the magistrate to rely only on the law and his
conscience in the exercise of his duties, is an age-old principle.
Formerly, the power to adjudicate was a transferable venal function which the King
of France could bestow on any person in return for a yearly tax.
In 1464, Louis XI granted it in perpetuity except in cases of forfeiture or resignation,
thereby guaranteeing security of tenure. Besides, since recruitment into the
magistracy was for sale, the power to adjudicate became the exclusive preserve of
rich lords thereby ensuring their independence. The 1789 French Revolution
abolished the sale of the power to adjudicate as well as the life-long tenure of office
and substituted them with judges elected for six years by the people’s delegates.
The jurors, according to an Ordinance of 1791, had to base their decisions on their
personal convictions and not on the legal evidence adduced.
The revolution, however, bequeathed to posterity two important guarantees for
litigants:
- The obligation for judges to deliver reasoned judgments; and
- Open court sessions.
22
Similarly, about three centuries ago, British judges were not independent.
Under the Norman monarchy they discharged their duties under the King
who wielded judicial power. Francis BACON, the crown prosecutor of the
17th century, in this connection said that judges were “lions in hiding under
the throne». They were all replaced with the coming into power of a new
sovereign.
With the fall of the STEWART dynasty in 1688, the idea of protecting the
judges was born. King William III promulgated the Settlement Act of 1703
that provided for fixed salaries for the judges. Since then, a judge could be
dismissed from office only on ground of gross misconduct and only on the
consent of the majority of both Houses of Parliament. About 1830, these
principles of the independence of the judiciary were extended to Great
Britain’s colonies of North America by the British North America Act of 1867.
The principle of independence of the Magistrate of the Bench has been reaffirmed
by the Constitution and the ensuing Rules and Regulations governing the judicial and legal
service.
Thus, in the discharge of their judicial duties, Magistrates of the Bench rely only on
the law and their conscience. Clearly, given the independence granted them by law, they
receive no instructions when delivering their judgments.
Their counterparts of the Legal Department are subject to the principle of
subordination to hierarchy. This means they are placed under the control and supervision of
their superiors and under the authority of the Minister of Justice, Keeper of the Seals.
The Legal Department started taking shape in the XIV century; the king had his
lawyers and legal counsel to defend private interests. They became real magistrates
representing public interests, defending the general interest of the society and the
State before royal courts in which they were members.
In the following century, the corps of the king’s legal counsel and advocates was
organized into a hierarchy. They were placed under the Procureur of the Legal
Department.
23
The Deputies to the Procureur of the king who were under his orders, sat in
Parliament2 and also took charge of prosecution became known as Procureurs General.
The Advocates General on their part, were given the floor during court sessions.
These two categories formed the Legal Department because the magistrates
comprising it stand in front of the judge and plead at the bar. They are not on
the rostrum like their counterparts of the Bench.
In the Old Regime, the chancellor, who was at the head of the judicial system
and chief officer of the crown, had prerogatives, some of which have survived
him:
- Keeping and making use of the Seal:
- Drafting of laws.
Unlike France, England for a long time had no system of state prosecution. Any one
as an individual could commence prosecution. Besides, in the 18th century justices of the
peace were magistrates in their private capacity.
.In the 19th century the police was in charge of prosecution. The office of public
prosecutor under the authority of the Attorney General which had existed in the medieval
era was revived in 1879. The Attorney General had the duty of defending the interests of
the Crown. In this wise, he was counsel for Government and intervened in court in the
name of the Crown. He equally protected public interests and minors. Furthermore, he
could replace the person who had commenced prosecution, continue or discontinue action.
The Director of Public Prosecution on his part could only commence, continue or direct
criminal proceedings as prescribed by law, or on the orders of the Attorney General in a
specific matter.
As stated above, the Legal Department is placed under the authority of the Minister
of Justice, Keeper of the Seals.
Consequently, the Minister of Justice may inform the Procureur General of a Court
of Appeal of any criminal offences he is aware of, enjoin him to commence or cause the
commencement of legal proceedings or seise the court with jurisdiction with written
submissions which he deems appropriate.
2
Parliament: a judicial, administrative, and political institution in the Old French Regime.
24
The Minister of Justice can therefore give orders to all the magistrates of the Legal
Department through the Procureur General of the Court of Appeal.
He may not refer a matter directly to the State Counsel.
The Procureur General at the Court of Appeal has supervisory authority over
Advocates General, Deputy Procureurs General and State Counsel under his jurisdiction.
The State Counsel has the same authority over his Assistants and judicial police
officers within his jurisdiction.
With the exception of the Procureur General at the Supreme Court who has no
authority over the other Legal Departments all members of the Legal Department are
organized into a hierarchy.
Procureurs General at the Courts of Appeal are not subordinate to the Procureur
General at the Supreme Court but to the Minister of Justice, Keeper of the Seals.
.Furthermore, hierarchical subordination also means obligation of subordinates to
inform their seniors: the State Counsel reports important matters known as “reported
matters” to the Procureur General while the Procureur General in turn informs the Minister
of Justice, Keeper of the Seals.
This hierarchical subordination however has limits. It is diluted by the old adage
which holds that “print is binding but words are free.” This principle holds that the
written submissions of Magistrates of the Legal Department must comply with the
instructions received from hierarchy but that such Magistrates are free during court sessions
to make oral submissions which are different.
25
The Supreme Court comprises:
a) The Bench
 The Chief Justice of the Supreme Court;
 Presidents of the Benches;
 Judges of the Supreme Court;
 Masters of the Supreme Court;
 Puisne Judges of the Supreme Court;
 The Registrar-in-Chief of the Supreme Court;
 Registrars-in-Chief of the Benches; and
 Court Registrars.
The Rt. Hon. Alexis DIPANDA
MOUELLE
Super scale Magistrate
Group 1
Grroup 1
The Chief Justice shall evaluate and recommend for promotion magistrates
Group 1 of the
bench and Presidents of Courts of Appeal.
He shall send on mission all magistrates and non magistrate staff of the Supreme
Court. He shall place on leave magistrates and non magistrate staff.
Where the Chief Justice is unavoidably absent, the most senior President in the
highest scale shall deputize for him. The same is true for the Procureur General
in the management of leaves, evaluation and recommendation for promotion of
legal officers and non magistrate staff of the said legal department.
26
The Legal Department
 the Procureur General;
 Senior Advocate General; and
 Advocates General
The duties of the Legal Department of the Supreme
Court shall be discharged by the Procureur General and, under
his authority, by advocates General.
The Procureur General shall assign Advocates General
to Benches.
The Rt. Hon.Martin RISSOUK à
MOULONG
Supper Scale Magistrate
Group 1
Where the Procureur General is unavoidably absent, the
Senior Advocate General shall deputize for him.
Where the Senior Advocate General is unavoidably absent, he shall be replaced by
the most senior Advocate General in the highest scale; where both Advocates General are
of equal seniority, the older shall take precedence;
In the case of important lawsuits, the submissions of the Advocate General shall be
forwarded to the Procureur General.
The Procureur General may, if he deems it appropriate, appoint another Advocate
General or address the court himself.
2) Trial Organs
The Supreme Court shall comprise:
 a Judicial Bench;
 an Administrative Bench;
 an Audit Bench;
 a Panel of Joint Benches;
 a Registry
Each Bench shall comprise:
 a President;
 5 Divisions;
 a Panel of Joint Divisions;
 a Registry
27
Each division shall comprise
 a President

Judges
 one or more Advocates General
 The panel in a Division shall always be composed of an uneven number of judges.
Supreme Court judges shall be assigned to Benches by Order of the Chief Justice after
consultation with the Bureau of the Court.
However, in case of necessity of service, a judge of a given Bench may be appointed to
complete another Bench.
Division Presidents shall be appointed from among judges of the Supreme Court by Order
of the Chief Justice after consultation with the Bureau.
Judges of the Supreme Court shall be assigned to Divisions by Order of the President of the
Bench concerned.
However, a judge may belong to one or more divisions
28
B - Composition and attributions of various benches
a) The Judicial Bench
1) Composition:
President: Alexis DIPANDA MOUELLE
Cumulatively with his functions as Chief Justice of the Supreme Court
- Civil Division
President: Alexis DIPANDA MOUELLE
Members: DAGOBERT BISSECK
Pius ANDY TAKAM
André BELOMBE
FONKWE Joseph FONGANG
Jean Jacques BIKOUE
Marie Louise ABOMO
Advocates General: Raymond Landry BOUELET
Jeannot BIAKAN à NGON
- Commercial Division
- President: SALOMON BISSOMBI
Members: Saker MBAKOP
Dagobert BISSECK
André BELOMBE
Christophe YOSSA
Daniel NDOUMBE ETEKI
Advocate General: Christian Goethe MBALE
- Labour Division
President: Frederick MOCHE
Members: Suzanne NTYAM èp. MENGUE
George BIKOK MAPOUNA
Daniel NJOCK KOGLA
Christophe YOSSA
Daniel NDOUMBE ETEKI
Jean PAGAL
29
Advocate General: NJIEMOUN MAMA
- Customary Law Division
President: Joseph YOUMSI
Members: Saker MBAKOP
Suzanne NTYAM ép. MENGUE
Jean PAGAL
Advocate General: Hillman EGBE ACHUO
- Criminal Division
President: Mathias EPULI ALOH
Members: Pius Andy TAKAM
Daniel NJOCK KOGLA
FONKWE Joseph FONGANG
Jean Jacques BIKOUE
Marie Louise ABOMO
Avocates General: Adolphe EJANGUE EKAMBI
BAWACK Benson BONNY
In camera session : Georges MBENGUE
2) Jurisdiction
The Judicial Bench shall have jurisdiction to examine:
 final decisions of courts and tribunals on civil, commercial, criminal, labour
and customary law cases;
 final decisions emanating from lower courts in all cases where the
administration of the law is in issue;
 applications for bail in the case of an admissible appeal; and
 all other matters expressly devolved on it by law.
Since the entry into force of the Organisation for the Harmonisation of Business Law
in Africa (OHADA) in 1995, (Treaty of Port-Louis of 17 October 1993 as amended on 17
30
October 2008), the Supreme Court shares its jurisdiction in judicial matters with the
Common Court of Justice and Arbitration (CCJA) in Abidjan.
Henceforth, it is the CCJA that entertains jurisdiction in all matters in which the
application of the OHADA law is in issue.
The CCJA is seised by appeal against Courts of Appeal decisions as well as final
decisions delivered by any court of the States parties. Where the CCJA quashes a judgment,
it hears and determines the matter anew on the merits.
31
b The Administrative Bench:
1) Composition
President : Clément ATANGANA
-
Division for land tenure litigation;
President : Clément ATANGANA
-
Division for civil service litigation ;
President : Moïse Flaubert TCHEPTANG
-
Division for tax and financial litigation;
President : JANI Leonard FONGOH
-
Division for public contracts litigation;
M. Clément ATANGANA
President of the
Administrative Bench
Group 1
Officer of the Order of
Valour
O
President : Moïse EBONGUE
-
Division for nullification and sundry issues.
Président : Rebecca SENN NYAMSI ép. NGWE EOCK
The judges of this bench are members of all the divisions. They are:
Pierre MEVONGO MEYE
FOMBE Richard ATABOT
MOMA Macauley CHE
Bruno OWOUNDI MBALLA
Emmanuel SANDEU
Ernest NJUMBE
Advocates General:
Georges MBENGUE
Christian Goethe MBALE
2) Jurisdiction
Each division shall hear appeals relating to matters within its jurisdiction.
The Administrative Bench shall be competent to hear:
 appeals against decisions handed down in regional and council election disputes;
 appeals against final decisions handed down by lower courts on administrative
litigation;
 preliminary objections raised in cases of administrative trespass to private property
and any arbitrary action by the administration before lower courts in administrative
litigation; and
32
 all other matters expressly provided for by law.
Pending the setting up of the courts provided for by Law No. 2006/22 of 29 December
2006 to lay down the organisation and functioning of Administrative Courts, the Full Bench
in accordance with the provisions of sections 140,141 of Law No2006/016 of 29 December
2006 to lay down the organization and functioning of the Supreme Court shall temporarily
remain in force. The Administrative Bench of the Supreme Court shall by virtue of section
119 (2) of the said law continue to hear and determine all matters before it relating to
administrative litigations pending the setting up of the later.
In this regard, judgments at first instance and on appeal shall be delivered by the
Divisions of the Bench or, in case of appeal to the Supreme Court, by a panel of joint
divisions.
Pending the setting up of Administrative Courts provided for by this Law, urgent
applications and applications for stay of execution shall be heard and determined by a judge
of the Administrative Bench appointed for one judicial year by Order of the President of the
Administrative Bench of the Supreme Court.
33
The Audit Bench :
1) Composition
President: Abraham TCHUENTE
- Division in charge of controlling and ruling on accounts
produced by public State accountants;
President: Théodore MBENOUN
Members: MANGA MOUKOURI
Mr. Abraham TCHUENTE
Pesident of the Audit bench
Group 1
Knight of the National
order of valour
Pierre KAMENI
Martin MINKONE
Jeanne d’Arc MVOGO ép. MBARGA
Mr. Joseph BELIBI
Senior Advocate General
Group 1
Commander of the National
Order of Valour
EZO’O BIZEME
Elie Désiré NDJOM NACK
 Division in charge of controlling and ruling on accounts produced by
accountants of regional and local authorities and their public establishments,
subject to the duties devolving upon lower audit courts.
President: Lucienne SIMO TCHUENTE ép. SIMO BOBDA
Narcisse HAKAPOKA
David NDONGO ETAME
Members: Philipe TCHEUMOUBE
Jean Claude ALIMA
OUMAROU ABDOU
-
Division in charge of controlling and ruling on accounts produced by accountants
of public establishments of the State.
President: George MOUTCHIA AMBE
Members: Narcisse HAKAPOKA
NGAN Evaristus AZEH
Achille FOUDA NKODO
André DJOKO
Avocates General: Joseph BELIBI
BAWACK Benson BONNY
34
 Division in charge of controlling and ruling on accounts produced by public
and semi-public enterprises.
President: Justine FOFUNG ép. WACKA
Members: DITOPE LINDOUME
FOUDA AMOMBO
THEUMOUBE Philipe
YEGBA MATIP
-
Review Division
President: Abraham TCHUENTE
Members
Advocates General: Joseph BELIBI
Benson BONNY BAWAK
2) Jurisdiction
The Audit Bench shall be competent to:
 control and rule on the accounts or documents in lieu thereof produced by certified
or de facto public accountants of:

the State and its public establishments;

the regional and local authorities and their public establishments;

public and semi-public enterprises.
The audit bench shall give a final ruling on final judgments delivered by the lower audit
courts;

draw up and publish annual reports on State accounts to be submitted to the Head of
State; and
 submit to the President of the Republic, the President of the National Assembly and
the President of the Senate an annual report setting out its activities for the year.
This report shall be published in the Official Gazette.
 It shall examine any other matters expressly devolving upon it by law.
The President of the Audit Bench shall draw up the annual programme of work of this
Bench after consultation with the Procureur General.
He shall set up a committee in charge of preparing the report referred to above.
35
d) Composition of the panel of joint benches
President: Chief Justice
Members: Bench Presidents
Division Presidents
Provided that considering the nature of the matter, the Chief Justice may by Order
appoint one or more Justices to sit in the panel of joint benches.
The panel of judges of Joint Benches shall always be composed of an odd number.
The panel of joint benches shall be presided over by the Chief Justice or, in his
absence, by the most senior bench president in the highest scale.
Where two bench presidents are of the same seniority, the older shall preside over
the panel. The panel of joint benches shall only sit when all members are present. In case of
the absence of one of its members, he shall be replaced by a Judge appointed by the Chief
Justice.
e) Composition of the panel of joint divisions
President: President of the said bench
Members: Presidents of the divisions of the bench
36
C- Administrative Structures of the Supreme Court
These structures shall include a General Assembly, a Bureau and a Secretariat
General.
1) The General Assembly of the Supreme Court
The General Assembly of the Supreme Court shall comprise all the members of the
Supreme Court.
A view of the Supreme Court library in which the General Assembly meetings also hold
It shall be presided over by the Chief Justice.
The Registrar-in-Chief of the Supreme Court shall perform the duties of the secretary of the
General Assembly.
The Secretary-General of the Supreme Court shall, without right to participate in
discussions and to vote, attend General Assembly meetings.
The General Assembly of the Supreme Court shall convene at the invitation of the Chief
Justice.
37
It shall also convene at the invitation of the Chief Justice at the request of one-third of its
members.
Decisions shall be taken by the majority of members present and the Chief Justice shall
have the casting vote in case of a tie.
The General Assembly shall examine all matters submitted to it by the Chief Justice, the
Procureur General or by one-third of its members and relating to the functioning of the
Supreme Court.
Where the Supreme Court is consulted on a draft instrument, its opinion shall be expressed
by the General Assembly.
2) The Bureau of the Supreme Court
The Bureau of the Supreme Court shall comprise:
 the Chief Justice;
 the Procureur General;
 Bench Presidents;
 The Senior Advocate General; and
 The Secretary-General.
The Bureau shall assist the Chief Justice of the Supreme Court.
To this end, it shall give its opinion on:
 the assignment of Justices to Benches by Order of the Chief Justice;
 the designation of Presidents of Divisions by Order of the Chief Justice;
 the assignment of registrars to Benches by order of the Chief Justice;

appointments of staff of the Secretariat General by order of the Chief Justice; and

Any other matter that concerns members or staff of the Supreme Court or any other
aspect relating to its functioning.
Meetings of the Bureau shall be presided over by the Chief Justice.
The Bureau shall meet once per quarter when convened by its President.
Where the Chief Justice is unable to attend the meeting, it shall be presided over by the
Procureur General.
The Bureau may meet as often as its President deems necessary or at the request of the
Procureur General or three of its members.
38
Based on the items on the agenda, the Bureau may invite any member of the Supreme
Court on account of their expertise.
Only two such members, with an advisory role, may be invited.
3) The Secretariat General
The Secretariat General shall comprise the:
 Registry of the Supreme Court;
 Registry of the Judicial Bench;
 Registry of the Administrative Bench; and
 Registry of the Audit Bench
 Administrative and Finance Division

Mail and index card bureau
 Translation bureau
 Protocol bureau
 Finance bureau
The Secretariat General shall be placed under the authority of a Secretary-General.
The Secretary-General shall be selected from amongst Court Registry Administrators or
Senior Court Registrars.
He shall assist the Chief Justice of the Supreme Court and the Procureur General in
accomplishing their respective administrative duties.
To this end he shall:
 be in charge of the Secretariat of the Bureau;
 coordinate the activities of all administrative services of the Supreme Court
and follow-up, under the authority of the Chief Justice, relations of the said
Court with other State institutions;
 execute the decisions of the Full Bench (General Assembly) of the Court that
fall within its jurisdiction;
 prepare and ensure the execution of the budget, on the instructions of the
Chief Justice, who is the vote holder; and
 execute all other duties assigned to him by the Chief Justice and the Procureur
General.
39
D- Functioning
The Supreme Court shall sit from 1 January to 31 December.
From 1 July to 30 September, the Supreme Court shall be on recess; it shall hold
sessions mainly to examine urgent matters.
Motions and alimony hearings as well as applications for bail shall be deemed
urgent.
At the start of each judicial year and by 28 February at the latest, a solemn reopening
session of the Supreme Court shall hold. It shall be attended by heads of Courts of Appeal,
Lower Administrative Courts and Lower Audit Courts in judicial robes. It shall be presided
over by the Chief Justice of the Supreme Court.
The President of the Republic may, at his request, attend the ceremony and deliver a
speech, if need be.
40
II – PROCEDURE BEFORE THE SUPREME COURT
41
A. GROUNDS OF APPEAL
1) General Grounds of Appeal
 Want of jurisdiction;
 misrepresentation of the facts of the case or
of the documents of the
proceedings ;
 default, contradiction or insufficient reasons;
 formal defects;
 irregular composition of the court (where the judgment appealed
against was not delivered by the number of judges prescribed by the
law or was delivered by judges who did not sit during all the
hearings), subject to the provisions of Section 470 (1) of the Criminal
Procedure Code (“Only the judges and assessors who heard the case
shall participate in the deliberations; the Legal Department shall not
take part”);
 where the Legal Department was not given the right of audience or
was not represented;
 where the rule governing the public nature of the hearing subject to the
exceptions provided for by the law, was not complied with;
 ultra vires
 breach of the law;
 violation of a general principle of law;
 failure to reply to the submissions of parties or of the Legal Department; and
 non-compliance with the jurisprudence of the Supreme Court which has ruled
in a Panel of Joint Divisions of a Bench or of Joint Benches;
The Supreme Court may on its own motion raise the above grounds of appeal.
2) Special Grounds of Appeal
Any lower court judgment which is final but which is contrary to the law may be
referred to the Supreme Court by the Procureur General at the said Court under the
following circumstances:
42
 In the sole interest of justice, on the initiative of the Procurer General, the
parties may not in that case take advantage of the setting aside of the
judgment following such an appeal;
 On the order of the Minister in charge of Justice; the appeal shall then
operate in favour of all the parties.
Provided that in criminal matters, the appeal may only be allowed in favour of the party
with a final conviction.
B. PROCEDURE BBEFORE THE JUDICIAL BENCH
It would be necessary to first of all indicate the procedure and time-limits for filing
and processing of appeals.
1)
Forms and Time-limits of the Appeal
An appeal in judicial matters shall be inadmissible unless it is filed by a notice
lodged at the registry of the court from where the judgment emanates. In criminal matters, it
may also be lodged at the Registry of the Supreme Court.
The notice of appeal shall be filed either by the appellant in person or by his counsel
or by an authorized representative.
The notice of appeal shall be signed by the Registrar and the appellant or by his
representative.
Where the person filing the appeal cannot sign, they shall thumb-print on the notice.
Where the appellant cannot sign or thumb-print, this fact shall be mentioned by the
Registrar on the notice.
The special power of attorney of the representative shall be appended to the notice of
appeal drawn up by the Registrar-in-Chief.
The notice of appeal lodged by a representative who has not got a duly authenticated
special power of attorney shall be valid if afterwards, the appellant personally regularizes
his appeal, such as by briefing counsel, or by submitting a request for legal aid within a
time-limit of thirty (30) days.
43
The time-limit for appeal in criminal matters shall be ten (10) clear days for
judgments handed down on the merits and seven (7) clear days for interlocutory judgments.
The time-limit shall be thirty (30) days for all other matters.
In criminal matters, the time-limit provided for shall start to run on the day following
the date of the judgment, where such judgment was delivered after full hearing. Where
service is provided for, the time limit shall start to run from the day following the date on
which the judgment became final where it is a judgment delivered by a lower court sitting
as a court of final resort.
2) Processing of an Appeal in the Supreme Court
The appellant shall be bound to pay an appeal fee of ten thousand francs (10.000)
CFA as well as an adequate sum, as deposit, at the registry of the court which delivered the
judgment appealed against.
The following shall be exempted from paying the appeal fee:
 the State;
 public administrative establishments; and
 regional and local authorities.
The deposit is intended to cover the cost of reproduction of the case file in as many
copies as there are parties plus 5 (five).
The amount of the deposit shall be fixed by order of the President of the Court that
handed down the judgment appealed against.
There shall be no appeal fees in criminal and labour matters.
Where the appellant is in custody, he may file an appeal, either by letter, addressed
through the Superintendent of Prisons, who shall record it in a special register numbered
and initialled by the President of the Court of First Instance within the jurisdiction wherein
the said penitentiary establishment is found, or by notice lodged at the registry of the High
Court of the place of detention. In the latter case and from the moment he decides to file an
appeal, the Superintendent of the said prison shall be bound to bring the prisoner before the
Registrar-in-Chief of the said court.
44
Upon registration, the letter of appeal shall be dated, signed by the Superintendent in
charge and countersigned by the appellant. A receipt shall be issued the appellant on the
spot.
The Superintendent in charge shall issue a receipt in three copies mentioning the date
on which the letter of appeal was filed and its subject matter. The date of deposit of the
letter shall be considered as the date of appeal.
He shall give a copy of the receipt to the appellant on the spot, keep the second copy
in the prison file of the appellant and attach the third copy to the letter of appeal
The Superintendent in charge shall forward the letter of appeal and the third copy of
the receipt within forty eight (48) hours to the Registrar-in-Chief of the court which
delivered the judgment, by any means with written proof.
When the registrar receives the notice of appeal, he shall notify the appellant in
writing that he has, under pain of foreclosure, thirty (30) days within which to provide the
name of his counsel or to apply for legal aid if he considers himself qualified for it. He shall
attach a certificate of impecuniosity to the application, otherwise it shall be inadmissible.
The registrar shall also inform the appellant of the obligation to pay, within the same
time-limit, the appeal fee as well as a deposit to the registry of the court that delivered the
judgment appealed against, otherwise his appeal shall be deemed inadmissible.
The Registrar-in-Chief who receives the notice of appeal shall make a report in
respect thereof.
The said report drawn up in four (4) copies, shall, in addition to mentioning the
notice of appeal, also mention the notification. In criminal matters, the time-limit shall
commence on the day following the day the judgment was delivered if it was delivered after
full hearing ; the day following the day of service where it is deemed to have been delivered
after full hearing; and the day following the day of the final judgment where it concerns
decisions delivered by the lower courts sitting as courts of final resort.
An official copy of the report shall be handed or addressed to the appellant and the
Registrar-in-Chief of the Judicial Bench of the Supreme Court. Another official copy shall
be addressed to the Registrar-in-Chief of the court whose judgment has been appealed
against. The latter shall mention the fact of the appeal on the margin of the said judgment,
45
prepare the case file and forward same to the registry of the Judicial Bench of the Supreme
Court.
Upon receipt of the notice of appeal and within a time-limit of fifteen (15) days, the
Registrar-in-Chief whose judgment has been appealed against shall notify the Legal
Department and other parties by a bailiff’s notice.
Within a maximum period of sixty (60) days with effect from the date of notice of
appeal, the Registrar-in-Chief of the court whose judgment has been appealed against shall
prepare the appeal file in as many copies as there are parties plus five other copies. The file
shall comprise:
The notice of appeal, report, submissions and memoranda, rulings delivered at first
instance, an official copy of the judgment under appeal, and the record of proceedings of
the trial court.
If need be, the notice of appeal, the submissions and memoranda submitted before
the Court of Appeal as well as official copies of interlocutory judgments and documents
testifying to the execution of interlocutory orders.
In any case, all the copies of the file shall be transmitted to the Supreme Court within
the prescribed time-limit of sixty (60) days.
Once the appeal file is ready, the President of the Judicial Bench shall fix the date for
the hearing of the appeal by a Panel of Joint Divisions. The Panel shall deliver judgments
for the admissibility, the inadmissibility or foreclosure as the case may be.
Only files that are accepted shall be distributed to the different rapporteurs for
examination on the merits and drawing up of reports.
3)
Trial
(1) At the hearing, the rapporteur shall read out his report. The advocates of the
parties and the Procureur General shall present their arguments to back up their memoranda
and submissions. They shall, where necessary, present their remarks on the report.
No adjournment shall be granted unless the court deems it necessary. However,
where the solutions proposed by the Procureur General and the rapporteur are different, the
case shall be adjourned for deliberations.
46
Any member of the court who, before the hearing, had neither had knowledge of the
report nor of the submissions of the Procureur General, may ask to have knowledge thereof
before he gives his opinion. In such case, the matter shall be adjourned for deliberations at a
later date.
Decisions shall be taken by a majority of the panel of three (3) members.
47
A view of the deliberation room
Decisions shall be delivered either immediately or on an adjourned date not later
than fifteen ( 15) days after deliberations.
Decisions shall be taken by consensus or by a majority of members.
Where the Bench quashes and annuls the judgment referred to on appeal, it shall
examine and determine the matter on the merits.
48
The court hall of the judicial bench viewed from different angles
49
The matter shall be deemed fit for hearing on the merits, where the findings of fact
by the trial judge are sufficient to enable the relevant rule of law to be applied to the case.
Where the grounds raised are unfounded and there are no other grounds which can
be raised by the court of its own motion, the Bench shall dismiss the appeal.
Judgments of the Judicial Bench shall contain no pleadings. They shall set out and
examine the grounds of appeal and state the reasoning and findings of the Supreme Court.
They shall equally comprise:
-
the date of the judgment;
-
the composition of the Bench;
-
the names of the parties; and
-
if necessary, the decision granting legal aid.
They shall, in addition, mention that the rapporteur read out his report, that the
parties were heard and the submissions of the Procureur General read.
They shall clearly state that the judgment was delivered during a public hearing after
deliberation, in accordance with the law.
The respondent who fails in his suit shall be liable to pay the costs of the
proceedings.
The respondent who fails in his suit shall, even where he failed to appear, be liable to
pay the costs of proceedings and to refund the expenses incurred.
Where the judgment is quashed, the court may reserve the payment of costs.
An official copy of the annulment decision shall be forwarded by the Registrar-inChief of the Bench to the Legal Department and to the competent Registrar-in-Chief for
entry into the registers of the Court of Appeal that delivered the judgment.
Where the appellant withdraws his appeal, the President of the relevant division
shall deliver a decision granting the withdrawal.
The costs of the withdrawal and, where necessary, other costs incurred, shall be
borne by the appellant(s).
Decisions taken by the Judicial Bench meeting in a session of joint divisions, shall
be binding on the lower courts on all issues of law decided therein.
50
C.
PROCEDURE BEFORE THE ADMINISTRATIVE BENCH
1) Appeals to the Administrative Bench
These appeals shall be lodged against decisions of Lower Administrative Courts.
In cases of Administrative litigation, the appeal shall be lodged at the registry of the
lower court whose judgment is appealed against.
The appeal shall be filed either by the appellant in person or his counsel or by his
representative having a duly authenticated power of attorney under pain of inadmissibility.
The registrar who records the appeal shall prepare a report thereof and issue an official
copy to the appellant
He shall, at the same time, notify the appellant in writing that he has, under pain of
foreclosure, fifteen (15) days to file his written submissions.
The appellant shall, within fifteen (15) days following the notice of appeal deposit his
written submissions against a receipt at the registry of the Administrative Bench.
The written submissions shall comprise the full name, occupation and place of residence
of the appellant, a statement of the facts on which the appeal is based, the grounds of appeal
as well as the list of the documents attached.
The memorandum and the documents attached shall be submitted in 4 (four) copies and
accompanied by three copies of the notice of appeal.
The written submissions as well as all the documents received in the registry shall be
registered as soon as they arrive. The Registrar-in-Chief of the Bench shall stamp each of
them, indicate the date of receipt and assign to each a registration number.
Within five (5) days of receipt of the memorandum, the Registrar-in-Chief of the Bench
shall forward a copy thereof to the Procureur General of the Supreme Court.
After registering the written submissions, the Registrar-in-Chief of the Bench shall
forward the file to the President of the Bench.
Where the appellant fails to comply with the time-limit and the provisions above, the
President of the Bench shall invite him to regularize his appeal within fifteen (15) days,
under pain of inadmissibility.
However, the President may exempt him from producing copies of voluminous
documents.
51
After regularizing the appeal, the President may ask the appellant to submit any
documents deemed necessary for settling the litigation.
The President of the Bench shall thereafter order that copies of the appeal, written
submissions and documents attached, be given to the respondent. The Registrar-in-Chief of
the Bench shall cause service to be effected within three (3) days of the order of the
President of the Bench.
The memorandum of defence shall be deposited at the registry. The said
memorandum as well as documents attached thereto shall be immediately notified to the
appellant by the Registrar-in-Chief of the Bench.
It shall be deposited within fifteen (15) days following notification of the request.
The appellant may file a rejoinder to which the respondent may reply. These
memoranda shall be notified by the Registrar of the Bench.
The time-limit for submitting a reply shall be fifteen (15) days following the day of
notification of the reply or rejoinder.
The President may, by order, grant the parties an enlargement of time to submit the
various memoranda.
However, in matters that require special expeditiousness, the President of the Bench
may, upon the recommendation of the Procureur General, reduce these time-limits by half
or two-thirds.
Failure to respect the time limits of fifteen (15) days prescribed above shall result in
foreclosure.
After exchange of memoranda or at the expiry of the time-limits fixed for their
submission, the President of the Bench shall designate a rapporteur to whom the file shall
be forwarded.
The rapporteur may summon the parties to supply within a time-limit of fifteen (15)
days, any written explanations or documents deemed necessary for settling the litigation.
These explanations and documents shall be notified by the Registrar-in-Chief of the Bench
to the other parties concerned who shall be granted a time-limit of fifteen (15) days to study
them.
Within thirty (30) days of receipt of the file or of the explanations and documents, as
the case may be, the rapporteur shall return the file accompanied by his report to the
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registry.
The Registrar-in-Chief of the Bench shall forward the file to the Procureur General
with a copy of the report and of each memorandum and document submitted.
Within thirty (30) days of forwarding the file, the Procureur General shall return the
file and his submissions and opinion to the registry for the matter to be entered on the
cause-list.
The procedure in court shall be the same as the one applicable in the lower court in
matters of administrative litigation.
The judgment shall be delivered within fifteen (15) days of being placed on the
cause-list.
It shall not be subject to appeal.
2) Final appeals to the Supreme Court in Administrative matters
a) Different Types of Appeal
.
Ordinary appeals to the Supreme Court
Except expressly provided otherwise, the appeal shall, under pain of foreclosure, be
lodged within a time-limit of fifteen (15) days after the date following notification of the
judgment of the lower court in matters of administrative litigation.
In matters of administrative litigation the appeal shall be made by a notice lodged at
the registry of the lower court from where the judgment appealed against emanates.
The appeal shall be made either by the appellant in person or by his counsel or by a
specially authorized representative having a duly authenticated special power of attorney,
The registrar who registers the appeal shall make a report thereof and issue an
official copy to the appellant.
He shall, at the same time, notify the appellant, except corporate bodies governed by
public law, in writing that he has, under pain of foreclosure, a time-limit of thirty (30) days
within which to provide the name of his counsel to the Registrar-in-chief of the
Administrative Bench or to apply to him for legal aid. In that case, the application for legal
aid shall have as annexture, a certificate of impecuniosity.
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The appellant shall, within a time-limit of thirty (30) days following receipt of the
appeal document, submit written submissions, against a receipt, at the registry of the
Administrative Bench.
This time-limit shall take effect, for the counsel hired after the rejection of the
application for legal aid, from the day following notification to his client of the rejection
decision and, for the counsel assigned by the court, from the day following the date of
notification of his assignment.
The written submissions of which the pages shall be stamped, shall contain the full
name, occupation and address of service of the appellant, a statement of the facts on which
the appeal is based, the grounds of appeal and written submissions as well as the list of
documents attached thereto.
The written submissions and documents attached shall be submitted in four copies
together with three copies of the notice of appeal.
Where the appellant has not benefited from legal aid, the written submissions shall
be accompanied by a deposit of fifteen thousand francs (CFA 15,000) to guarantee the
payment of expenses including registration.
Where the provision is exhausted, the Registrar-in-chief of the Bench shall inform
the President of the division so that he may determine a supplementary deposit.
Legal persons governed by public law shall be exempted from the deposit.
The written submissions as well as all the other documents received at the registry
shall be registered as soon as they arrive. The Registrar-in-chief of the Bench shall stamp it
indicating the date of arrival and the registration number.
Within the five (5) days following receipt of the written submissions, the Registrarin-chief shall transmit a copy thereof to the Procureur General.
After registering the written submissions, the Registrar-in-chief of the Bench shall
forward the file to the President of the division.
Where the appellant does not comply with the time-limits above or the provisions
relating to the regulations governing registration and stamp duty, the President of the
division shall invite him to regularize his appeal within a time-limit of fifteen (15) days,
54
However, the President may exempt him from producing copies of voluminous
documents.
After regularizing the appeal, the President may ask the appellant to submit any
documents deemed necessary for settling the dispute.
When the file is in order, the President of the division shall then order that copies of
the appeal, memorandum and the documents attached should be given to the respondent.
This request shall be carried out by the Registrar-in-chief of the Bench within three (3) days
following the order of the President of the Bench.
The memorandum of defence shall be filed at the registry. The said memorandum as
well as the documents attached thereto shall be immediately notified to the appellant by the
Registrar-in-chief of the Bench.
Where there are several respondents in a case and all of them have not submitted a
defence, the Registrar-in-chief shall summon the defaulters to regularize their situations
within a time-limit of thirty (30) days for those living in Cameroon and sixty (60) days for
the other cases, by informing them that if they fail to comply, the decision to be taken shall
be considered to have been taken after a full hearing.
The appellant may deposit a memorandum of rejoinderto which the respondent may
reply. These memoranda shall be notified under the conditions laid down above.
The time-limit granted to the respondent for filing his memorandum shall be thirty
(30) days following the date the Registrar-in-chief of the Bench forwards to him copies of
the appeal, memorandum and the documents attached thereto.
The time-limit for submitting a reply and further memoranda shall be fifteen (15)
days starting from the day of notification of the reply or memorandum of rejoinder.
The President of the division may, by order, grant an enlargement of time to the
parties to enable them submit the various memoranda. However, with respect to matters of
special urgency, the President of the division may, following the recommendation of the
Procureur General, reduce these time-limits by half or two-thirds.
Without prejudice to the disciplinary action or claim for damages that may be
brought for professional misconduct against counsel, whether briefed by the party
concerned or assigned by the court, the failure to respect the time-limits prescribed above
shall result in foreclosure.
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After the exchange of memoranda or at the expiry of the time-limits fixed for their
submissions, the President of the division shall designate a rapporteur to whom the file shall
be transmitted.
The rapporteur may summon the parties to supply within a time-limit of fifteen (15)
days, any written explanations or documents deemed necessary for settling the litigation.
These explanations and documents shall be notified by the Registrar-in-chief to the other
parties concerned who shall be granted a time-limit of fifteen (15) days to study them.
Within thirty (30) days receipt of the file or the supplementary explanations, as the
case may be, the rapporteur shall return the file and his report to the registry.
The Registrar-in-chief of the Bench shall transmit the file to the Procureur General
with a copy of the report and that of each memorandum and document submitted.
Within the thirty (30) days of the file being forwarded to him, the Procureur General
shall return the file and his submissions and opinion to the registry for the matter to be put
on the cause list.
 Appeals against urgent administrative orders
In case of appeal against rulings in urgent administrative matters, the procedure to be
followed shall be the one provided for appeals to the Supreme Court. Provided that, the
time-limit provided for such appeal shall be reduced to five (5) days.
The appeal shall be decided by way of a judgment.
The notice of appeal shall be served immediately on the Respondent, with an
indication of a time-limit for reply which shall not exceed five (5) days.
Judgment delivered on an urgent matter shall be rendered enforceable with
immediate effect. It shall be notified within twenty-four (24) hours to the parties concerned.
It shall by no means suspend the execution of the administrative act challenged.
 Appeal against orders of stay of execution
An appeal against an order of stay of execution of an administrative act shall
automatically suspend the execution of the said order.
The decision dismissing the appeal against an order granting a stay of execution
shall lapse where, fifteen (15) days after the dismissal of the appeal, no suit has been filed
in court to challenge the administrative act concerned.
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The decision handed down on an appeal against an order of stay of execution shall
be notified to the parties in the case within twenty-four (24) hours.
The administrative act challenged shall be suspended with effect from the day of the
said notification.
b)Hearing and judgment before the Administrative Bench
The Registrar-in-chief of the Bench shall send summonses to the parties or their
representatives. The summonses shall specify the date and time of hearing of each case.
The Administrative Bench court hall
In the course of the appeal, the rules concerning hearing and judgment shall be the
same as those applicable before the lower courts in matters of administrative litigation.
In appeals to the Supreme Court, the rules concerning hearing and judgment shall be
the same as those applicable before the Judicial Bench.
In cases of appeal to the Supreme Court, the Administrative Bench shall have the
power to retry the matter on the merits.
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Judgments of the Administrative Bench shall start as follows: “IN THE NAME OF
THE PEOPLE OF CAMEROON, the Administrative Bench of the Supreme Court …” and
their verdict, divided into articles shall be preceded by the phrase “HEREBY DECIDES AS
FOLLOWS:”
They shall indicate the composition of the Administrative Bench, the names of the
parties, the date and, where applicable, the decision that granted legal laid.
They shall not include headings but must contain the statement of facts, enumeration
of applications and analysis of the submissions produced.
They shall mention, in addition, that the rapporteur read his report, that the parties
were heard in their remarks and the Procureur General in his submissions.
They shall specify that they were handed down in a public hearing, after full
deliberation through a majority vote in accordance with the law.
They shall be reasoned and indicate the legal provisions, the general principles of
law or jurisprudential principles that were used.
They shall be dated and signed by the members of the court and the registrar.
They shall be deposited by the Registrar-in-chief of the Bench at the relevant public
services for purposes of registration and publication by the Procureur General.
Judgments of the Administrative Bench shall be notified by the Registrar-in-chief of
the Bench to the parties within eight (8) days of their registration.
Judgments of the Administrative Bench sitting as a panel of joint divisions shall be
binding on lower courts in matters of administrative litigation on all the points of law
determined.
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D – PROCEDURE BEFORE THE AUDIT BENCH
« For a modern democracy
…..
- lets continue to implement our good governance programme and especially intensify the fight
against corruption through the Audit Bench in particular ».
President Paul BIYA in the priority projects of the seven year term of office (Greater achievements
2004-2011)
It takes place before the Audit Bench ruling as an original and last resort jurisdiction.
3) The Audit Bench ruling as an original and last resort jurisdiction.
Without prejudice to certain specificities provided for by Law No. 2003/5 of 21
April 2003 to lay down the jurisdiction, organization and functioning of the Audit Bench,
the procedure applicable before the said Bench ruling as an original and last resort
jurisdiction shall be the one applicable before the Judicial Bench of the Supreme Court.
4) Audit Bench ruling as a final resort jurisdiction
c) Grounds on which an appeal may be based and the examination thereof
The grounds on which an appeal may be based and the forms of appeal shall be those
provided for by Law No. 2006/16 to lay down the procedure before the Supreme Court.
However, appeals shall be examined in accordance with the provisions of Sections
27 to 37 of Law No. 2003/5 of 21 April 2003 to lay down the duties, organization and
functioning of the Audit Bench of the Supreme Court.
A View of the Court hall of the Audit Bench
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Except otherwise provided by any other law, an appeal shall be barredif it is not filed
within, fifteen (15) days as from the day following service of the decision of the lower audit
court.
Under pain of inadmissibility an appeal shall be filed by the appellant in person, by
his counsel or by a personal representative provided with a duly authenticated power of
attorney.
The registrar who receives the appeal shall make a report thereof and issue an
official copy to the appellant.
He shall, at the same time, notify the appellant, other than legal persons governed by
law, in writing, that he has, under pain of foreclosure, a time-limit of thirty (30) days, either
to provide the registrar of the Audit Bench with the name of his counsel, or to submit to the
Registrar-in-chief of the Audit Bench an application for legal aid to which he shall attach a
certificate of indigence.
The appellant shall, within thirty (30) days of filing the appeal, submit, against a
receipt, written submissions at the Audit Bench registry.
For counsel assigned by the court or briefed by the party concerned after his
application for legal aid is refused, the time limit shall start to run from the date on which
the decision of refusal was served on his client and for counsel assigned by the court, from
the day following the date on which the assignment decision was served on him.
On reception of the file, the President of the Audit Bench shall designate a
rapporteur from among the judges of the said Bench.
Examination of each account shall be entrusted to a judicial officer acting as
rapporteur by the President of the relevant Division.
The judicial officer acting as rapporteur shall examine the accounts and ensure the
existence and probative value of supporting documents provided for by the regulations in
force.
The judicial officer acting as rapporteur shall request any further information from
the accountant.
At the end of his investigation and for each financial year, the judicial officer acting
as rapporteur shall draw up a reasoned report on the accounts which were entrusted to him.
There shall be two kinds of observations in the report:
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The first shall concern the nature of the accounts.
The second shall result from reconciling the nature and volume of expenditure and
income against the authorizations found in the management accounts and the budgets, on
the one hand, and the verification of compliance of accounting transactions with the laws
and regulations in force, on the other hand.
Verifications shall be carried out by the examination of the accounts and supporting
documents. They shall entail, as the need arises, any request for information, on-the-spot
enquiries or appraisals.
After checking the accounts, the judicial officer acting as rapporteur shall forward
his report to the President of the Division, who may in turn send it to another judicial
officer to check the cogency of the observations as counter-rapporteur.
A reasoned proposal shall be made for each observation.
The report and the supplementary report or counter-report shall be forwarded to the
Legal Department for its submissions thereon.
d) Judgment
The Audit Bench shall give its ruling on the accounts after examining the
observations made by the rapporteur and on the basis of the submissions of the Legal
Department.
A view of the deliberations hall of the Audit Bench
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The ruling shall be final and shall certify the nature of the accounts where there are
no observations.
Where there are no observations, the Bench shall deliver an interim ruling on the
accounts which shall comprise two parts:
(1) the first part shall contain the nature of the accounts;
(2) the second part shall enjoin the accountants to furnish the unattached
supporting documents, expedite the necessary proceedings and furnish any
useful explanations.
The interim ruling on the accounts shall be notified to the accountants from whom
they emanate and their ministers through legal channels.
Accountants shall have two months with effect from the date of the notification of
the interim ruling, within which to comply with the orders of the Bench, under pain of the
penalties provided for by this law.
In case of transfer of the accountant, the accountant in office shall be bound to reply
to the orders sent to his predecessor. He shall send a copy of the ruling and his answers to
the latter and forward same to the Audit Bench after the acquiescence of the transferred
accountant.
Where there are particular difficulties in the examination of the accounts, the
Minister in charge of Finance shall automatically assign another accountant. The latter shall
carry out the orders in place of the defaulting accountant.
After examining the answers of the accountants and the complementary conclusions
of the rapporteur, the Audit Bench shall give a final ruling on the accounts. The ruling on
the accounts shall comprise two parts:
(1) the first part shall certify the nature of the accounts;
(2) the second part shall determine the regularity of the accounts, an accounting
surplus or an accounting deficit and, where applicable, indicate the respective
periods when the operations were effectively carried out.
By definition, an accounting deficit or surplus shall be equal to the amount by which
the funds, securities, credits or debts that the public authority concerned is supposed to have
had at his disposal, either in credit or debit, if the budgetary and accounting laws and
regulations are strictly and fully complied with.
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The final closing of an account shall as of right imply, for the Treasury, preferential
rights on personal property and mortgages on immovable property belonging to the
accountants up to the amount of the deficit for which every accountant is presumed liable in
accordance with Sections 43, 44, 48 and 49 of Law No. 2003/5 of 21 April 2003 to lay
down the jurisdiction, organization and functioning of the Audit Bench of the Supreme
Court.
These Sections provide:
Section 43: Where several individuals were simultaneously involved in a de facto
accounting, they shall be declared as joint and several de facto accountants and shall be
required to produce a single account. Joint liability shall be on all or part of the de facto
accounting operations, depending on those in which each of them was involved.
Section 44 (1): Entries regarding the de facto accounting, which shall be forwarded
to the Audit Bench with accompanying supporting documents shall be examined according
to the rules applicable to accounts of certified public accountants.
(2) The Audit Bench may, for the purpose of inquiry or equity and barring cases of
bad faith and dishonesty on the part of the de facto accountant, compensate for the
inadequacy of the supporting documents produced.
Section 45: Appeals shall be examined in accordance with provisions of sections
27 through 37 of this law.
Section 46: Except otherwise provided by other legislation, an appeal shall be barred
by the lapse of fifteen (15) days as from the day following service of the decision of the
lower regional audit court.
Section 47: Cases giving rise to appeals and the forms of appeal shall be those
applicable to proceedings before the Supreme Court.
Section 48: The public accountant shall be presumed personally and financially
liable for:
-
accounting deficiencies observed in his accounting records;
-
making the controls provided for by the laws and regulations;
-
collecting revenue and paying regularly justified expenses;
-
preserving funds and securities;
-
handling funds and transferring available funds;
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-
keeping the accounts of his station.
The accountant shall not be liable or may be discharged of his liability, irrespective
of a surplus or an accounting deficiency, where:
- he acted in obedience to a regular instruction from the vote holder;
- the controls stipulated by laws and regulations could not have permitted him to
discover such deficiency;
- he produces proof to the effect that he took all reasonable steps to ensure the
collection of revenue, obtain the guarantees of the Treasury or ensure that the civil liability
of the public authority is not committed vis-à-vis third parties;
- an amount in revenue had regularly been declared valueless;
- due to unforeseen circumstances, he was hindered from making the control or
performing the task he was bound to perform.
Section 49: The accountant’s liability may not be invoked in respect of the
management practices of his predecessors, except for operations accepted without
reservations at the time of handing over or those which he failed to observe within a timelimit of six (6) months, which may be extended by decision of the Minister in charge of
Finance.
Before passing final judgment, the Audit Bench may pass several successive rulings
on the same account.
The Audit Bench shall pass judgment where the accountants are exonerated or let off
with a surplus or deficiency.
Where the accountants are exonerated or let off, the Bench shall pronounce their
final discharge.
The Bench shall authorise the refund of the deposits of accountants whose duties
have come to an end and order the release of their assets and rescission of their mortgages
on their property as a result of their deeds.
Where the accounts have a surplus, the Audit Bench shall stay the accountants
pending regularization during the following financial year. In such case, the Bench shall
record its reservation on the account.
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Where the accounts have a deficiency, the Audit Bench shall declare the accountant
concerned to be in debit. The Minister in charge of Finance shall recover the amounts due.
The recovered amounts shall, where applicable, be paid to the corporate body concerned.
In case of appeal, the Court shall hear and determine the matter de novo.
The judgment is served on:
- the accountants in charge of the accounts;
- the Minister in charge of Finance;
- the Minister concerned;
- the supervisory ministry and authorising officers of regional and local
authorities or the public and semi-public enterprises concerned.
The judgment shall be served against an acknowledgement of receipt.
Where the study or examination of the accounts reveals facts that may constitute
criminal offences, the Procureur General at the Supreme Court shall inform the Minister in
charge of Finance as well as the relevant supervisory authorities or ministers. The file shall
be forwarded to the Minister of Justice by the Procureur General at the Supreme Court. The
transmission of the file shall serve as a complaint on behalf of the State, the regional and
local authority, the public or semi-public enterprise or the institution concerned.
The decisions of the Audit Bench ruling in joint divisions shall be binding on the
lower audit courts on all matters concerning points of law brought before it.
E – PROCEDURE BEFORE JOINT BENCHES
The Panel of Joint Benches shall determine:
- conflicts of jurisdiction;
- applications to challenge a member of the Supreme Court or a President of a
Court of Appeal;
- matters relating to policy issues where there is risk of conflicting solutions
between trial judges or between Benches;
- applications for transfer of a case from one lower court to another for
reasons of reasonable suspicion or public security;
- any other matter provided for by a separate instrument.
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Matters shall be referred to the Panel of Joint Benches either by order of the Chief
Justice, by order of a division or joint divisions of a Bench, or on the applications of the
Procureur General.
Upon reception of the file, the Registrar-in-chief of the Supreme Court shall record
the matter and forward it to the Chief Justice.
The Chief Justice shall appoint a rapporteur from among the members of the Panel
of Joint Benches.
Within thirty (30) days following the reception of the file, the rapporteur shall return
the file to the registry with his report.
The Chief Justice shall forward, under the confidential cover, a copy of the report,
together with the case file, to the Procureur General.
The Procureur General shall, within a period of thirty (30) days, return the file to the
registry, including his submissions as well as his proposals for entry of the case on the
cause list.
In the event of appeal, the Supreme Court shall quash the appealed decision, mention
and determine whether the matter is being judged on the merits.
A matter shall be considered as ready for final determination if the Court is capable
of delivering judgment on the merits, only on the basis of the documents mentioned in the
decision subject to appeal.
The decisions of the Supreme Court ruling in Joint Benches shall be binding on the
lower courts on all matters concerning points of law brought before it.
The joint bench shall comprise Division Presidents of a Bench.
The Bench President shall preside over a Division of his Bench.
Supreme Court Judges shall be placed in Benches by order of the Chief Justice after
consultation with the Bureau of the Court.
However, in case of necessity, the Judge of a Bench may be appointed to complete
another Bench.
Division Presidents shall be appointed from among Judges of the Supreme Court by
order of the Chief Justice after consultation with the Bureau of the Court.
Judges of the Supreme Court shall be placed in divisions by order of the President of
the Bench concerned.
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However, a Judge may belong to one or more Divisions.
F – PROCEDURE BEFORE JOINT DIVISIONS
The Panel of joint divisions shall hear cases referred to it either by order of the Chief
Justice or by decision of a division.
It shall also hear appeals to review judgments delivered after full hearing in the
following four situations:
- where there is fraud by the other side;
- where judgment was delivered on documents admitted or found after the
judgment to be forged;
- where a party lost, for want of decisive document held back by the other side;
- where the forfeiture decision is taken without the appellant having been given
notice to brief counsel or submit a request for legal aid.
Applications for review of judgments shall be lodged within thirty (30) days from
the date following the one on which the grounds giving entitlement to review was
established.
The procedure before the panel of joint divisions shall be the one applicable before
the Bench concerned.
G – THE SUPREME COURT SITTING AS THE CONSTITUTIONAL COUNCIL
Pursuant to Article 67 (1), (2), (3), (4) of the Constitution of 18 January 1996, the
new institutions of the Republic provided for by the said Constitution shall be set up
progressively.
Pending the setting up of such institutions, the existing institutions of the Republic
shall remain in place and shall continue to function.
Thus, the Supreme Court shall perform the duties of the Constitutional Council until
the latter is set up.
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« On the whole, the elections were free and transparent. Some dysfunctions were noticed, they were
not such that could alter the outcome of the elections. Where they were challenged before the Supreme Court
sitting as the Constitutional Council, they were examined in all sovereignty and appropriate judgments
delivered».
Address of the Head of State to the nation following the 22 July
2007 legislative and municipal elections
The Constitutional Council shall have jurisdiction in matters pertaining to the
Constitution. It shall rule on the constitutionality of laws. It shall be the organ regulating the
functioning of the institutions.
Pursuant to Article 47 (1), (2), (3), (4) of the Constitution, the Constitutional Council
shall give a final ruling on:
- the constitutionality of laws, treaties and international agreements;
- the constitutionality of the Standing Orders of the National Assembly and the
Senate prior to their implementation;
- conflict of powers between State institutions ; between the State and the
Regions, and between the Regions.
Matters may be referred to the Constitutional Council by the President of the
Republic, the Speaker of the National Assembly, the President of the Senate, one-third of
the members of the National Assembly or one-third of the Senators.
Presidents of regional executives may refer matters to the Constitutional Council
whenever the interests of their Regions are at stake.
Laws as well as international agreements may, prior to their enactment, be referred
to the Constitutional Council by the President of the Republic, the Speaker of the National
Assembly, the President of the Senate, one-third of the members of the National Assembly,
one-third of the Senators or the Presidents of Regional executives.
Enactment deadlines shall cease to lapse once an instrument has been referred to the
Constitutional Council.
The Constitutional Council shall advise in matters falling under its jurisdiction.
The Constitutional Council shall ensure the regularity of presidential elections,
parliamentary elections and referendum operations. It shall proclaim the results thereof.
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When acting as the Constitutional Council, the Supreme Court shall sit in a panel of
Joint Benches.
The Panel of Joint Benches shall implement the procedure provided for by Law No.
2004/4 of 21 April 2004 to lay down the organization and functioning of the Constitutional
Council.
Any challenges in respect of the regularity of one of such elections may be brought
before the Constitutional Council by any candidate, political party that participated in the
election in the constituency concerned or any person acting as Government agent at the
election.
Any challenges in respect of the regularity of a referendum may be referred to the
Constitutional Council by the President of the Republic, the Speaker of the National
Assembly, the President of the Senate, one-third of the members of the National Assembly
or one-third of the Senators.
In any case, the Constitutional Council shall give a ruling within a period of fifteen
(15) days, once a matter has been referred to it.
However, at the request of the President of the Republic, such time-limit may be
reduced to eight (8) days.
Rulings of the Constitutional Council shall not be subject to appeal. They shall be
binding to all public, administrative, military and judicial authorities, as well as on all
natural persons and corporate bodies.
A provision that has been declared unconstitutional may not be enacted or
implemented.
The authorities invested with the power to refer matters to the Constitutional Council
shall address their application to the Chief Justice of the Supreme Court.
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Another view of the library of the Supreme Court
70
III – OTHERS FUNCTIONS OF THE SUPREME COURT
71
These functions are related to the activities of the Supreme Court as an institution that
assists the National Assembly in swearing-in the President of the Republic, gives its
opinion on settlement bills submitted to the National Assembly, swears –in members of
some important corps and institutions of the State, acts as a disciplinary court, settles
conflicts between certain professional orders, participates in the compensation of victims
of abusive detention and co-operates with other Supreme Courts and some international
organizations.
A)- Assistance in the swearing-in of the President of the Republic and complementary
services to the National Assembly:
Pursuant to article 7 of the Constitution, the President of the Republic shall take the oath of
office before the Cameroonian people, in the presence of the members of Parliament, the
Constitutional Council and the Supreme Court meeting in a solemn session.
The Supreme Court also gives its opinion on settlement bills submitted to the National
Assembly.
B)- Court sessions for the swearing-in ceremonies and installation of members of the
Supreme Court
The following persons are sworn in before the Supreme Court:
- Judges and Advocates General appointed on special duty to the Supreme Court;
- Young magistrates from the National School of Administration and Magistracy;
- State Inspectors and Auditors;
- Members of the National Anti-Corruption Commission;
- Members of the National Commission on Human Rights and Freedoms
(CNDHL);
- Members of the Electoral Council of Elections Cameroon (ELECAM);
It shall install newly appointed members thereto.
- Members of the Financial Markets Commission.
C)- The Supreme Court as a disciplinary organ
The Chief Justice shall preside over the permanent disciplinary committee of legal officers.
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The Procureur General shall be the Vice-President.
The Supreme Court shall appoint two judicial officers as members of the committee.
The Supreme Court shall appoint three judicial officers to sit as substantive members
at the Higher Judicial Council.
D)- The Supreme Court adjudicating on issues concerning certain professional bodies
In this regard, the Supreme Court appoints some of its Justices as Presidents of
Panels to hear and determine appeals from the:
- National Order of Civil Engineers;
- National Order of Chartered Accountants;
- National Order of Pharmacists.
E)- The Supreme court as an organ for compensation of victims of illegal detention:
– Activities of the Supreme Court at the international level:
The Supreme Court is member of the following institutions:
- Economic, Social and Cultural Rights Committee of the United Nations Economic
and Social Council;
- International Association against Torture and other Cruel, Inhuman and Degrading
Punishment or Treatment;
- International Association of French-speaking Supreme Courts (AHJUCAF);
- International Association of French-speaking Constitutional Courts (ACCPUF);
- International Human Rights Federation (FIDH);
- French-speaking Law Institute (IDEF);
- International Association of Supreme Administrative Jurisdictions (IASAJ);
- Commonwealth Magistrates’ and Judges’ Association (CMJA)
F The Legal Aid Commission of the Supreme Court
Legal Aid shall be the free assistance granted by Lawyers and other court officers to
litigants with limited means to ensure their rights to justice.
The Legal Aid Commission set up at the Supreme Court, like those of other courts, to
examine related applications is provided for in Section 12 of Law No2009/4 of 14 April 2009 to lay
down the terms and conditions for Legal Aid.
Presided over by a Supreme Court judge appointed by the Chief Justice, it shall comprise:
-A Legal Officer from the Legal Department appointed by the Procureur General;
73
-a representative of the Minister of Territorial Administration;
- a representative of the Minister of Social Affairs;
- a representative of the Minister of Women’s Empowerment and the Family;
- a representative of the Minister of Finance;
- a Lawyer from the Bar Council appointed by its President;
- a Bailiff appointed by the President of the National Association for Bailiffs;
The Registrar-in-Chief or a Registrar representing him shall be in charge of the secretariat
of the Commission;
Thus by Order No 482 of 14 October 2009, the Chief Justice of the Supreme Court
appointed members of the commission.
The said commission is composed as follows:
SUPREME COURT OF CAMEROON
CHAMBERS OF THE CHIEF JUSTICE
REPUBLIC OF CAMEROON
Peace – Work- Fatherland
ORDER
On the composition of the Supreme Court Commission on Legal Aid.
IN THE NAME OF THE PEOPLE OF CAMEROON
In the year two thousand and nine
And this
I, Alexis DIPANDA MOUELLE, Chief Justice of the Supreme Court of Cameroon;
Mindful of Section 32 of Law No 2006/16 of 29 December fixing the organization and
function of the Supreme Court;
Mindful of Sections 12 and 13 of Law No 2009/4 of 14 April to organize Legal Aid;
Mindful of Decree No 2006/465 of 20 December 2006 to appoint Legal Officers of the
Supreme Court
Mindful of service needs
ORDER AS FOLLOWS
The above-mentioned commission shal be composed as follows:
President: Mr. BELOMBE ANDRE, judge of the Supreme Court
Members:
- Mr. BIAKAN à NGON JEANNOT , Advocate General at the Legal Department of the
Supreme Court,
- Mr. ESSOMBA PIERRE, Head of Legal Affairs Division, representative of the Minister of
Territorial Administration and Decentralisation;
- Mr. SOH RODOLPHE, Director of Social Protection of Handicap Persons and Old
persons, representative of the Minister of Social Affairs;
- Mr. ZOA MBIDACOME PARFAIT, Head of the Legal Unit, representative of the Ministry
of Women’s Empowerment and the Family;
74
-
Mr. TADJIEUFOUET YOUWO BERTIN, Research Officer in the Follow-up Division,
representative of the Minister of Finance;
Mr. ATANGANA AYISSI, Lawyer based in Yaounde;
Mrs. BIKAY NGANDO CHANTAL, Bailiff based in Monatele;
Done in my Chambers at the seat of the Supreme Court Yaounde,
The same day, month and year as above.
The Chief Justice of the Supreme Court
Alexis DIPANDA MOUELLE
X
X
X
This is a brief presentation of the organisation, functioning and other functions of the
Supreme Court at the national and international spheres.
75
FORMER HEADS OF THE SUPREME
COURT
BEFORE 1972
HEADS OF THE SUPREME COURTS OF THE
FEDERATED STATES
EAST CAMEROON
M. BERNARD
M. PARENT
M. STALTER
M. Marcel NGUINI
M. J. Michel CORRE
WEST CAMEROON
Chief Justices
Attorneys General
Hon. Justice K.L. GORDON
Hon. P.L.U. CROSS
Hon. Justice Charles STEWART
Hon. O’BRIAN QUINN
Hon. Justice Michel COTRAN
Hon. Fred NGOMBA EKO
Hon. Justice S.M.L. ENDELEY
AFTER 1972
HEADS OF THE SUPREME COURT OF CAMEROON
Procureurs General at the Supreme Court
M. Marcel NGUINI
Mr. François Xavier MBOUYOM
M. J. Rémy MBAYA
Mr. Robert MBELLA MBAPPE
Mr. L. Gabriel DJEUDJANG
Mr. Alexis DIPANDA MOUELLE
76
SOME PHOTOGRAPHS
BEFORE 1972
HEADS OF THE SUPREME COURTS OF THE FEDERATED STATES
EAST CAMEROON
WEST CAMEROON
Former Procureurs
General
Chief Justices
M. BERNARD
1st Chief Justice
M. PARENT
1st Procureur General
Hon.
Justice K. L. GORDON
M. STALTER
2nd Chief Justice
2nd Procureur General
Formers Chief
Justices
M. Marcel NGUINI
M. J. Michel CORRE
3rd Chief Justice
77
Attorneys General
Hon.
P.L.U. CROSS
Hon.
Justice Michel COTRAN
Hon.
O’BRIAN QUINN
Hon.
Justice S.M. L. ENDELEY
Hon.
FRED NGOMBA EKO
AFTER 1972
Former Chief Justices
FormerProcureurs
General
M. Marcel NGUINI
1st Chief Justice
M. François Xavier
MBOUYOM
1st Procureur General
Photo
M. J. Rémy MBAYA
2nd Chief Justice
M. Robert MBELLA MBAPPE
2ndProcureur General
M. L Gabriel
DJEUDJANG
3rd Procureur General
M. Alexis DIPANDA
MOUELLE.
4th Procureur General
78
POSTFACE
At this time that everyone must bring in their contribution no matter how small, in
building a new and prosperous Cameroon that respects human rights and the rights of the
citizen with corollary fair trial, presumption of innocence, equality of arms, prohibition of
torture, principles enshrined in the United Nations Charter, international covenants and
conventions, it is incumbent on the Supreme Court, the kingpin of the judiciary, to play its
role fully.
In fact, since Cameroon obtained international sovereignty, the Supreme Court has
witnessed important changes compatible with its advancement towards modernity.
However, its newly acquired dimension as provided for by Law n°2006/16 of 29
December 2006 that lays down its organisation and functioning as well as its duties as
presented above requires a readjustment of all its structures to enable it to :
-
Be in conformity with the law ;
-
Strengthen its functional capacities ;
-
Increase its output
In other words, the Supreme Court needs appropriate human and material
resources. Only then will it more efficiently act as the ultimate bastion against all forms of
illegality, fulfil all its missions and as such contribute to consolidating the rule of law.
79
18

Inside the Judicial Power

Transcription

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