Tag Archives: Federal Negarit Gazeta

ጥቂት ስለ ህጎች ተደራሽነት


ዳኞች በተሻረ ህግ ውሳኔ ሰጥተዋል የሚባለው የጭምጭምታ ወሬ ከተራ ሐሜት ወደ ቁንጽል እውነት የመሸጋገሩ ነገር ከተገቢ ጥርጣሬ በላይ ባይረጋገጥም በአዲስ አዋጅ መዘግየት ምክንያት ፈጣን ፍትህ ለመስጠት መቸገራቸው ግን ገሃድ የወጣ ሐቅ ነው፡፡ አልፎ አልፎ የሚያጋጥም ቢሆንም ክስተቱ የአገሪቱን የህግ ሥርዓትና የህግ የበላይነት ጥያቄ ውስጥ የሚያስገባ ጥቁር ነጥብ ነው፡፡ ከሁሉም በላይ አዲስ የወጣ ህግ እንዲደርሳቸው የሚገባው ፍርድ ቤቶች ቢሆኑም እዛም ቤት ችግር መኖሩ የችግሩን ስፋትና ጥልቀት ይጠቁመናል፡፡ በተለይ ከአዲስ አበባ ውጭ ርቀው የሚገኙ ፍርድ ቤቶች አዲስ የወጣ አዋጅ በየጊዜው ስላልደረሳቸው ብቻ የመውጣቱን ዜና በጥቅሉ ከሚዲያ ሰምተው ለዚሁ ሲባል የያዙትን ጉዳይ ለሌላ ቀጠሮ ማስተላለፋቸው ለማስተዋል ተችሏል፡፡

ግልጽነት በኢ.ፌ.ድ.ሪ. ህገ-መንግስት እንደ መሰረታዊ መርህ ቢቀመጥም እውነታው ግን በወረቀት ከተፃፈው ጋር ሊጣጣም አልቻለም፡፡ የመንግስት አስተዳደርን በተመለከተ የዜጋው መረጃ የማግኘት መብት እስከአሁን ድረስ በተግባር አልተረጋገጠም፡፡ እዚህ ላይ ለመድረስ ገና ብዙ የሚቀረን ነው የሚመስለው፡፡ ይህን ለመረዳት ብዙ ርቆ መሄድ አያስፈልግም፡፡ እንኳንስ ከመንግስት መስሪያ ቤት መረጃና ሰነድ ማግኘት ቀርቶ የግድ የሚለውን የአገሪቱን ህጎች በቀላሉ ለማግኘት አስቸጋሪ የሆነበት ደረጃ ላይ ደርሰናል፡፡ Continue reading →

The Ethiopian-Conformity Assessment Enterprise Establishment Council of Ministers Regulation No. 196/2010


COUNCIL OF MINISTERS REGULATION 196/2010

COUNCIL OF MINISTERS REGULATION TO PROVIDE FOR THE ESTABLISHMENT ETHIOPIAN-CONFORMITY ASSESSMENT ENTERPRISE

This Regulation is issued by the Council of Ministers pursuant to Article 5 of the Definition of Powers and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation No. 69112010 and Article 47(1)(a) of the Public Enterprises Proclamation No. 2511992.

1.Short Title

This Regulation may be cited as the “Ethiopian-Conformity Assessment Enterprise Establishment Council of Ministers Regulation No. 196/2010″.

2. Establishment

1/ The Ethiopian Conformity Assessment Enterprise (hereinafter the “Enterprise”) is hereby established as a public enterprise.

2/The Enterprise shall be governed by the Public Enterprises Proclamation No. 2511992.

3.Supervising Authority

The Ministry of Science and Technology shall be the supervising authority of the Enterprise.

4.Head Office

The Enterprise shall have its head office in Addis Ababa

5. Purposes

The purposes for which the Enterprise is established are, by organizing robust certification, inspection and testing laboratory services, to:

1/provide certificate of conformity to production enterprises or service providers by assessing the conformity of their production processes or service provisions to the relevant national or international standards and legal requirements;

2/  provide certificate of conformity with respect to the country’s export products by assessing their conformity to the relevant Ethiopian standards, international standards or the standards of other countries;

3/  provide certificate of conformity with respect to imported products by assessing their conformity to the relevant national or international’ standards and legal requirements; ,

4/ participate in inter-laboratory comparisons and proficiency test scheme between various regional and international testing laboratory institutions with a view to proving the proficiency of its testing laboratory services;

5. Carry out any other related activities necessary for the attainment of its purposes.

6. Capital

The authorized capital of the Enterprise shall be Birr 543,000,000 (five hundred forty three million Birr) of which Birr 135.646.733.53 (one hundred thirty five million six hundred forty six thousand seven hundred thirty three Birr and fifty three cents) is paid up in cash and in kind . .

7.Liability

The-Enterprise shall not be held liable beyond its total assets.

8.Duration of the Enterprise

The Enterprise is established for an indefinite period.

9.Effective Date

This Regulation shall enter into force on the date of publication in the Federal Negarit Gazeta.

Done at Addis Ababa, this 1st day of February, 2011.

MELES ZENAWI
PRIME MINISTER OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA

 

THE FEDERAL NEGARIT GAZETA


Federal Negarit Gazeta is the official federal government law Gazette for the publication of all Federal laws.

According to 2.1. it is published under the Umbrella of the House of Peoples’ Representatives.  Under the Umbrella? I am not sure what this means. The proclamation is silent as to the specific roles of the House of Peoples’ Representatives, from the time of approval of the bill in the house to printing and distribution. Who determines the price,  for instance? Currently, Negarit Gazetta is sold only in Addis Ababa (by Berhanena Selam Printing Press.) And remember! in most of the cases a law adopted by parliament becomes effective and binding upon “its publication in the Negarit Gazetta” not on the first day it is officially sold and distributed to the public.

Berhanena Selam Printing Press does not make any official statement regarding the exact date the negarit gazetta will be made accessible to the public.  The  public will be able to know that a law has been published and become legally effective as far as there is an ‘official release.’

In the absence of such official statement, what you have to do is this: keep going to the printing press and politely ask whether “the new law is out!”?  Do this every day until you become lucky. Personally, that is the strategy I use to stay updated.  In this way, I think I will be the first one to get the published text of the much-talked about Urban Lease Proclamation. One minor obstacle is that I don’t live in Addis.

Still that might not be a serious problem to my great endeavor of knowing the law. At least within a difference of one week, it is not difficult for me to get some one going to Addiss.  So I depend on ‘good guys’! and everyone is cooperative.

Given these typical inconveniences on a typical citizen, the law of  “Ignorance of Law” should be a little bit amended in this manner.

  • Ignorance of Law is not an Excuse if You are living in Addis
  • Ignorance of Law is may be an Excuse if You are living outside Addis

Lon Fuller in his book the Morality of law, describes the justification why laws should be easily made accessible to the public.

Even if only one man in a hundred takes the pains to inform himself concerning, say, the laws applicable to the practice of his calling, this is enough to justify the trouble taken to make the laws generally  available

Here follows the text of the THE FEDERAL NEGARIT GAZETA Establishment Proclamation No.3/1995. Continue reading →

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