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Federal Judicial Administration Commission Establishment Proclamation No. 24-1996

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OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 2 Year No . 12 JADDIS ABABA - 15 February , 1996 CONTENTS Proclamation No . 24 / 1996 Federal Judicial Administration Commission Establishment Proclamation . . . . . . . . . . . . . . . . . . . . . . . Page 125 PROCLAMATION NO . 24 / 1996 A PROCLAMATION TO PROVIDE FOR THE ESTABLISHMENT OF THE FEDERAL JUDICIAL ADMINISTRATION COMMISSION WHEREAS , an independent judiciary is established WHEREAS , one , and the major , of the fundamental factors that help to realize the constitutionally guaranteed independence of the judiciary is to have judicial adminis ment organs or officialdom ; NOW , THEREFORE , in accordance with Article 55 ( 1 ) of the Constitution of the Federal Democratic Republic of Ethiopia , it is hereby proclaimed as follows : 1 . Short Title This Proclamation may be cited as the " Federal Judicial Administration Commission Establishment Proclamation No . 24 / 1996 . ” 2 . Definitions In this Proclamation 1 ) * Breach of Discipline " means a breach as specified in the Disciplinary and Code of Conduct Rules and , includes a judge who is found guilty of an offence he is charged with , yields to bribes and go - betweens , practises favouritism on account of race , religion , sex and political outlook or frustrates parties to a case brought before him ; Unit Price www . AfricanLawArchive . com * * * The African Law Archive * * * www . AfricanlawArchive . com what is specified in the Disciplinary and Code of Conduct Rules and includes a judge who commits an error of law and fact unbecoming to the competence by training and experience which the profession requires or who unduly delays the disposal of cases . 3 . Establishment of the Judical Administration Commission The Federal Judicial Administration Commission ( hereinafter referred to as “ the Commission ) is hereby established 4 . Members of the Commission 1 ) The Commission shall have the following members : ( a ) the President of the Federal Supreme Court . . . . . . . Chairman ( b ) the Vice - President of the Federal Supreme Court . . . . . . . . . . . . . . . . . . Member ( s ) ( c ) three members of the House of Peoples ' Representatives ( d ) the most senior judge of the Federal Supreme Court . ( e ) the President of the Federal High Court . . . . ( f ) the most senior judge of the Federal High Court . . . . ( g ) the President of the Federal First Instance Court . . . 2 ) The Commission shall select its own Secretary from among its members . 3 ) The Vice - President of the Supreme Court shall serve in the Chairman ' s stead while he is absent . | 5 . Powers and Duties of the Commission The Commission shall have the following powers and duties : 1 ) to select those who qualify for judgeship in accor dance with Article 8 of this Proclamation from among candidates nominated by members of the Commission ; 2 ) to forward its opinion on the list of Regional Supreme and High Court candidate - judges , submitted to it by a Regional Judicial Administration Commission pur suant to article 81 ( 4 ) of the Constitution ; 3 ) to issue the Disciplinary and Code of Conduct Rules for federal judges ; 4 ) to decide on the transfer , salary , allowance , promotion , medical benefits and placement of federal judges ; 5 ) to examine and decide , in accordance with Article 79 ( 4 ) of the Constitution , matters presented to it pursuant to article 9 herein . It may suspend a judge until the decision is approved by the House of Peoples ' Representatives , subject to details to be determined in the Disciplinary and Code of Conduct Rules . | 6 . Meetings of the Commission 1 ) The Commission shall hold a regular meeting once in a month ; however , it may meet at any time where found necessary . 2 ) There shall be a quorum where a majority of the members of the Commission are present . 3 ) Decisions of the Commission shall be passed by a majority vote ; in case of a tie , however , the Chairman shall have a casting vote . 4 ) A judge who is a member of the Commission , and against whom disciplinary proceedings are instituted , may not sit in meetings of the Commission while his case is under investigation . www . AfricanLawArchive . com * * * The African Law Archive * * * www . AfricanLawArchive . com Article , the Commission may draw up its own rules of procedure . | 7 . Powers and Duties of the Chairman The Chairman shall have the following powers and duties : 1 ) to direct , as the superior authority , and supervise the Secretariat of the Commission ; 2 ) to convene the meetings of the Commission ; 3 ) to preside over the meetings of the Commission ; 4 ) to prepare and present to the Commission the profile of candidate - judges nominated by the members of the Commission ; present to the Prime Minister candidate - judges selected by the Commission . 8 . Criteria of Election for Judgeship 1 ) Any Ethiopian who : ( a ) is loyal to the Constitution ; ( b ) has legal training or acquired adequate legal skill through experience ; ( c ) has a good reputation for his diligence , sense of justice and good conduct ; ( d ) consents to assuming judgeship ; and ( e ) is not under 25 years of age may be appointed as a federal judge . 2 ) No person may simultaneously assume judgeship while serving in the legislative or executive branches of government or while a member of any political organization . 9 . Termination of Tenure The tenure of any federal judge may be terminated only on the following grounds : 1 ) upon resignation , subject to a two - month prior notice ; 2 ) where he has attained the age of 60 ; 3 ) where it is decided that he is incapable of properly discharging his duties due to illness ; 4 ) where he has committed a breach of discipline : 5 ) where it is decided that he is of manifest incom petence and inefficiency ; 6 ) where he has transgressed the Disciplinary and Code of Conduct Rules for judges . | 10 . Lodging of Complaints Any person may lodge a complaint with the Commission against a federal judge having transgressed what is provided for under Article 9 herein . 11 . Oath Judges shall take the following oath prior to assuming their duties : - upon my appointment and assumption of duty as judge of — Court , on this day , pledge to discharge with dedication the heavy responsibility en trusted to me . www . AfricanLawArchive . com * * * The African Law Archive * * * www . AfricanLawArchive . com 12 . Repeal Proclamation No . 23 / 1992 is hereby repealed . 13 . Transfer of rights and Obligations The rights and obligations of the Judicial Administration Commission established under Proclamation No . 23 / 1992 are hereby transferred to the Commission . 14 . Effective Date This Proclamation shall come into force as of the 15th day of February , 1996 . Done at Addis Ababa , this 15th day of February , 1996 PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA www . AfricanLawArchive . com * * * The African Law Archive * * * www . AfricanLawArchive . com

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