Guide to Judicial Review Jurisdiction of Federal Courts
Do courts in Ethiopia have an inherent power to review the legality of administrative actions? Most legal scholars in Ethiopia are strong adherents of the ‘inherent power’ approach arguing that courts have inherent power to review acts of administrative agencies. However, such an argument is unpalatable to the Cassation Bench. In one case submitted to the bench (Ethiopian privatization and public enterprises supervising agency Vs. heirs of Ato Nur Beza, Casation File Number 23608 date Hidar 3-2000 E.C.) it was held that the source of judicial power in Ethiopia is statute. Courts do not have inherent judicial power and there is no legal framework governing the judicial review of administrative actions.
In spite of the strong words of the bench, not all cases involving judicial review of administrative action are rejected for lack of ‘inherent’ judicial power. When a directive was challenged on the ground of ultra-virus (beyond power) neither the lower courts nor the cassation bench rejected the legal action on procedural grounds i.e. lack of inherent judicial power or the absence a legal framework governing the judicial review of administrative actions (See Ethiopian National Bank Vs. 1. Hibret Insurance Company 2.Mr. Eyesuswork Zafu 3. Mr. Workeshet Bekele Demisie Cassation File Number 44226 Date Tahesa 15-2003 E.C.) The Federal First Instance Court invalidated some provisions of the directive and its decision was affirmed by the appellate Federal High Court. Both decisions of the lower courts were overturned by the Cassation Bench, but unlike the Ethiopian privatization case (Casation File Number 23608) it was not on procedural grounds. On substantive grounds the bench stated that the issuance of the directive is within the scope of power of the Bank.
Now, let’s leave the issue of inherent judicial power of review and turn to statutory review. To what extent is statutory review available in Ethiopia? In general terms, a legal framework governing the judicial review of administrative actions (if that is to mean a single statute governing judicial review of administrative actions) is not yet available. However, different legislations clearly provide for reviewable administrative actions including which specific court has a power of review. These legislations are scattered here and there making it difficult to determine the scope of power of courts and the extent of availability of review.
What follows is a summary of legal provisions providing statutory review. I have tried to make the list comprehensive. Please let me know if a relevant proclamation is not included.
Finally, as you can see there four categories;
- Federal first Instance Court
- Federal High Court
- Federal Supreme Court and
- Regular Courts.
The reference to regular courts is due to the lack of clarity of the statute. When the law says “An employee aggrieved by the administrative decision of the top management may present his case to the regular courts” it is difficult to be certain as to which court it is referring to. For this reason, I created a 4th category, leaving it to ‘readers’ discretion’ of interpretation.
Click on the links below or the numbers at the bottom to go to a specific page.
Kefelgn Alemu Worku, an Ethiopian who tortured and killed during a period of political turmoil in the African nation, should get 22 years in a U.S. prison — the maximum sentence allowed for his immigration fraud conviction, prosecutors said in a court document.
“Justice demands nothing less,” according to a sentencing statement filed in U.S. District Court in Denver.
Federal sentencing guidelines for Alemu Worku’s immigration violations recommend a sentencing range of zero to 18 months, but the law allows up to 10 years for each of two counts on which he was convicted, and two more years for a third.
It is unclear if upon release from prison Alemu Worku could be deported to his own country, where he has been sentenced to death, according to the sentencing statement filed by prosecutors.
Alemu Worku was convicted of immigration fraud last month after a five-day trial in which victims of Ethiopia’s Red Terror testified that he was a brutal guard at the Higher 15 prison during the late 1970s. He was convicted of assuming another man’s identity and lying about his background.
“While former Higher 15 prisoners in the United States continue to live every day with the physical aches and pains of their injuries and mental anguish resulting from their torture at the hands of or pursuant to the orders of the defendant, the defendant lived comfortably, safely, and free of any adverse consequences resulting from his commission of politically-motivated torture and murder during the eight years prior to his arrest in the United States and for unknown years in Kenya,” according to the document.
According to the sentencing statement, an Ethiopian Federal High Court convicted Alemu Worku in absentia of genocide on Nov. 13, 2000.
At the time, Alemu Worku, who had been a member of the ruling Marxist Derg junta before it was overthrown, was apparently living as a refugee in Kenya.
After finding that he “unjustly killed 101 … innocent individuals and inflicted injury through torture,” the court sentenced him to death, according to the statement.
On release from an American prison, the Department of Homeland Security would likely pursue his removal to Ethiopia.
But the deportation of Alemu Worku, who is in his mid to late 60s, poses challenges, and could require lengthy adjudication, the document said.
If Ethiopia refused to take him, or he was granted protection under the international Convention Against Torture, it isn’t clear where he could be sent, according to the document.
“The duration of litigation in a removal case can range from months to several years. It is premature to determine now whether the defendant would be subject to detention during any removal proceedings.”
Though he faces a death sentence in his homeland, the last known execution in Ethiopia was in 2007. “Conditions in Ethiopia at the current time do not suggest that a death sentence would be carried out,” according to the document.
In fact, the document said, “there is no record of Ethiopia having carried out any executions of former Derg members … a number of Derg members were pardoned entirely and released.”
Addis Ababa Administration
Addis Ababa Administration Civil servants Proclamation No. 6-2000 E.C. DOWNLOAD
የአዲስ አበባ ከተማ አስተዳደር የመንግሥት ሠራተኞች አዋጅ ቁጥር 6/2ዐዐዐ
Addis Ababa Administration Civil Servants Disciplinary and Grievance Procedure Directive DOWNLOAD
በአዲስ አበባ ከተማ አስተዳደር የመንግስት ሠራተኞች የዲሲፕሊንና የቅሬታ አቀራረብ አፈጻጸምና መመሪያ
Addis Ababa Administration Permanent Employees Recruitment Procedure Directive DOWNLOAD
የአዲስ አበባ ከተማ አስተዳደር የቋሚ መንግስት ሠራተኞች የቅጥር አፈጻጸም መመሪያ
Harari National Regional State
Harari National Regional State Civil Servants Proclamation No.34-1996 E.C. DOWNLOAD
የሐረሪ ህዝብ ብሔራዊ ክልላዊ መንግስት የመንግስት ሰራተኞች አዋጅ ቁጥር 34-19996
Rights and Benefits of Outgoing Senior Government Officials, Members of Parliament and Judges of the Harari National Regional State Proclamation (Amendment) No. 93-2002 E.C. DOWNLOAD
Amhara National Regional State
Proclamation No. 171 /2010 The Amhara National Regional State Civil Servants Revised Proclamation DOWNLOAD
Regulation no.18.2004 the Civil Servants Screening Council of Regional government Regulation DOWNLOAD
Regulation no.35.2005 the Civil Servants’ Screening Regulation Amendment DOWNLOAD
Rights and Benefits of Outgoing Senior Government Officials, Members of Parliament and Judges of the Amhara National Regional State Proclamation No. 172/2010 DOWNLOAD
Amhara Natioal Regional State Revenue Authority Employees Administration Regulation DOWNLOAD
Amhara National Regional State Revenue Authority Employees Ethical Code of Conduct Directive No. 1-2003 E.C. DOWNLOAD
የአማራ ብሔራዊ ክልላዊ መንግስት የገቢዎች ባለስልጣን የስነ-ምግባር መመሪያ ቁጥር 1-2003
Amhara National Regional State Civil Servants Job Performance Evaluation Directive DOWNLOAD
የአማራ ብሔራዊ ክልላዊ መንግስት የመንግስት ሰራተኞች የስራ አፈጻጸም ምዘና መመሪያ
Dire Dawa Administration
Dire Dawa Civil Servants Proclamation DOWNLOAD
Dire Dawa Administration Job Grade Determination and Assignment for Sector Agencies and Kebele Administrations Implementing BPR DOWNLOAD
በድሬዳዋ አስተዳደር መሰረታዊ የስራ ሂደት ለውጥ ጥናት ላካሄዱ የአስተዳደሩ ሴክተር መስሪያ ቤቶችና ቀበሌዎች ውስጥ የተፈፈቀዱ የስራ መደቦች የስራ ምደባና ደረጃ አወሳሰን አፈጻጸም መመሪያ
Proclamation No. 787/2013 OPEC Fund for International Development Loan Agreement for Financing the Rural Electrification Project in Gode – Kebridehar Ratification Proclamation DOWNLOAD
Proclamation No. 788/2013 Arab Bank for Economic Development in Africa Loan Agreement for Financing the Rural Electrification Project in Gode-Kebridehar Project Ratification Proclamation DOWNLOAD
Proclamation No. 789/2013 Economic and Technical Co-operation Agreement with the Government of the State of Qatar Ratification Proclamation DOWNLOAD
Proclamation No. 79112013 International Convention for the Prevention of Pollution from Ships (MARPOL 73/78) Ratification Proclamation DOWNLOAD
Proclamation No. 79212013 Convention on the Suppression of Unlawful Acts Against the Safety of Maritime Navigation Ratification Proclamation DOWNLOAD
Proclamation No. 800/2013 African Development Fund Loan Agreement for Financing Drought Resilience and Sustainable Livelihoods Programme in the Horn of Africa Ethiopia Project Ratification Proclamation DOWNLOAD
Proclamation No. 801/2013 Commercial Registration and Business Licensing(Amendment) Proclamation DOWNLOAD
Proclamation No. 805/2013 Export Import Bank of India Credit Agreement to Provide Credit for Financing the Assayta-Tadjourah Railway Project Ratification Proclamation DOWNLOAD
Proclamation No. 790/2013 Foreign Service Proclamation DOWNLOAD
Proclamation No. 794/2013 International Development Association Financing Agreement for the Financing of Health Millennium Development Goals Program for Results Ratification Proclamation DOWNLOAD
Proclamation No. 795/2013 Export-Import Bank of China Loan Agreement for Financing the Adama Wind Power Construction Project (Phase II) Ratification Proclamation DOWNLOAD
Proclamation No. 796/2015 Global Green Growth Institute Establishment Agreement Ratification Proclamation DOWNLOAD
Proclamation No. 797/2013 Nile Basin Cooperative Framework Agreement Ratification Proclamation DOWNLOAD
Proclamation No. 802/2013 Mining Income Tax (Amendment) Proclamation DOWNLOAD
Proclamation No. 804/2013 National Intelligence and Security Service Re-establishment Proclamation DOWNLOAD
Proclamation No. 80712013 Capital Goods Leasing Business (Amendment) Proclamation DOWNLOAD
PROCLAMATION No. 802-2013
A PROCLAMATION TO AMEND THE MINING INCOME TAX PROCLAMATION
WHEREAS, it has became necessary to amend the Mining Income Tax Proclamation;
NOW THEREFORE, in accordance with Article 55( I) 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 “Mining Income Tax (Amendment) Proclamation No. 802/2013″
Paragraph (a) and (b) of sub-article (I) of Article
3 of the Mining Income Tax Proclamation No.53/J993 (as amended) are hereby deleted and replaced by the following new sub-article (J):
“1/ in the case of a large scale mining license holder 25% of taxable income.”
3. Effective Date
This Proclamation shall enter into force on the date of publication in the Federal Negarit Gazette.
Done at Addis Ababa this 26th day of July. 2013
GIRMA WOLDEGIORGIS PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA
PROCLAMATION No. 807/2013
PROCLAMATION TO AMEND THE CAPITAL GOODS LEASING BUSINESS PROCLAMATION
WHEREAS, it has became necessary to amend the Capital Goods Leasing Business Proclamation No.103/ 1998;
NOW, THEREFORE, in accordance with Article55 (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 “Capital Goods Leasing Business (Amendment) Proclamation No. 807/2013″.
The Capital Goods Leasing Business Proclamation No. 103/ 1998 is hereby amended as follows:
Following the issuance of the new amendment the National Bank of Ethiopia has issued two directives for its implementation.
Clink the links below to download.
- LICENSING AND SUPERVISION OF THE BUSINESS OF CAPITAL GOODS FINANCE COMPANIES
Requirements for Licensing of Capital Goods Finance Business Directives No. CGFB /02/ 2013 DOWNLOAD
- LICENSING AND SUPERVISION OF THE BUSINESS OF CAPITAL GOODS FINANCE COMPANIES
Minimum Paid Up Capital Requirement Directives No.CGFB /01/ 2013 DOWNLOAD
Proclamation No————- /2013
NATIONAL INTELLIGENCE AND SECURITY SERVICE RE-ESTABLISHMENT PROCLAMATION
WHEREAS it has become necessary to strengthen the National Intelligence and Security Service so as to protect and defend the sovereignty of the Federal Democratic Republic of Ethiopia, the constitution and constitutional order;
WHEREAS it has become essential to determine the power, duties and accountability of the National Intelligence and Security Service to promote the peace, development, democracy and good governance in the country;
WHEREAS it has become necessary to build a modern and strong National Intelligence and Security Service that is loyal and resilient to the constitution and constitutional order of the Federal Democratic Republic of Ethiopia and conscious of the national and international objective situations;
NOW, THEREFORE, in accordance with sub-articles (1) and (7) of Article 55 of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:
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