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Cassation Decisions Volume 13


Cassation Decisions Volume 13

Cassation Decisions Volume 13

Federal Supereme Court Cassation Decisions Volume 13 is now officially released. Click HERE to download.

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Rights and Benefits of Outgoing Heads of State and Government, Senior Government Officials, Members of Parliament and Judges (Proclamation No. 653/2009)


 

A PROCLAMATION TO PROVIDE

FOR THE RIGHTS AND BENEFITS OF OUTGOING HEADS OF STATE AND GOVERNMENT

SENIOR GOVERNMENT OFFICIALS, MEMBERS OF PARLIAMENT AND JUDGES

WHEREAS, it is necessary that outgoing Heads of State and Government, Senior Government Officials, Members of Parliament and Judges shall be guaranteed a life that is free of depressing conditions and need to be protected from victimization in consideration of the services they provided to the nation and the public by shouldering huge public trust during their terms in office;

WHEREAS, it is necessary to create enabling conditions to take advantage of the knowledge and experience of outgoing Heads of State and Government, Senior Government Officials, Members of Parliament and Judges accumulated through their terms in office;

WHEREAS, serving Heads of State and Government, Senior Government Officials, Members of Parliament and Judges need to be encouraged to positively and faithfully exert their utmost effort for the development and progress of the country, without worrying about their future;

NOW, THEREFORE, in accordance with Article 55(1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:

 

PART ONE GENERAL

1. Short Title

This Proclamation may be citied as the “Rights and Benefits of Outgoing Heads of State and Government, Senior Government Officials, Members of Parliament and Judges Proclamation No. 653 /2009”.

2. Definitions

In this Proclamation, unless the context otherwise requires:

1/ “Head of State” means the President of the Federal Democratic Republic of Ethiopia;

2/”Head of Government” means the Prime

Minister of the Federal Democratic Republic of Ethiopia and includes the Deputy Prime Minister;

3/”Senior Government Official” means a

Minister, Minister of State or Deputy Minister;

4/”Minister” means any Minister and includes other Senior Government Officials having the status of a Minister;

5/”Minister of State” means any Minister of

State and includes other Senior Government Officials having the status of a Minister of State;

6/”Deputy Minister” means any Deputy

Minister and includes other Senior Government Officials having the status of a Deputy Minister;

7/”Member of Parliament” includes the

Speaker, the Deputy Speaker and any member of the House of Peoples’ Representatives of the Federal Democratic Republic of Ethiopia;

8/”Speaker or Deputy Speaker” means the Speaker or Deputy Speaker of the House of Peoples’ Representatives or the House of the Federation;

9/ “Representative of Government”, “Deputy Representative of Government” or “Assistant Representative of Government” means the Representative of Government, Deputy Representative of Government or Assistant Representative of Government in the House of Peoples’ Representatives;

10/”Opposition Party Leader” means the leader of a party having the highest number of seats next to the party holding majority seats in the House of Peoples’ Representatives;

11/”Opposition Party Representative or Assistant Representative” means the representative or assistant representative of an opposition party having the highest number of seats next to the party holding majority seats in the House of Peoples’ Representatives;

12/”Judge” means a Supreme Court, High
Court or First Instance Court Judge;

13/”Supreme Court Judge” means a Judge of the Federal Supreme Court and includes the Presidents of the Federal High Court and First Instance Court;

14/”High Court Judge” means a Judge of the
Federal High Court;

15/”First Instance Court Judge” means a Judge of the Federal First Instance Court;

16/”Beneficiary” means a Head of State or Government, Senior Government Official, Member of Parliament or Judge who is enjoying or entitled to the rights and benefits under this Proclamation;

17/”Family” includes the spouse and children of a beneficiary who have not attained the age of 21 years;

18/”Survivor” shall have the meaning given under the relevant pension law;

19/any expression in the masculine gender includes the feminine.

PART TWO

RIGHTS AND BENEFITS OF OUTGOING HEADS OF STATE AND GOVERNMENT

3. Allowance for Personal Expenses

1/The monthly salary and allowances paid to a President, Prime Minister or Deputy Prime Minister shall not be discontinued upon termination of his tenure.

2/Where adjustments are made to the salary and allowances of a serving President, Prime Minister or Deputy Prime Minister, similar adjustments shall be made to the allowance for personal expenses of an outgoing President, Prime Minister or Deputy Prime Minister.

4. Residential House

An outgoing President, Prime Minister or Deputy Prime Minister shall be provided with a residential house having four-to-five bedrooms the administrative costs of which, including remunerations of house keeping staff, shall be covered by the Government.

5. Medical Benefits

1/ An outgoing President, Prime Minister or Deputy Prime Minister and his family shall get local and overseas medical services at the expense of the Government.

2/ The medical services shall, as may be appropriate, be offered at public or private health institutions. Where the beneficiary or member of his family is admitted to a local health institution, he shall be entitled to first class inpatient services.

6. Security Services

1/Security guards shall be assigned to protect an outgoing President, Prime Minister or Deputy Prime Minister and his family.

2/ The composition and size of the security force shall be determined by the body in charge of the security service.

7. Protocol Service

An outgoing President, Prime Minister or Deputy Prime Minister shall be entitled to:

1/diplomatic passport and VIP services; and

2/full protocol service commensurate to his former position both locally and abroad.

8. Transport Vehicles

1/An outgoing President, Prime Minister or Deputy Prime Minister shall be provided by the Government with three high standard transport vehicles.

2/ The running costs of the vehicles, including driver’s salary, fuel and maintenance costs, shall be covered by the Government.

3/Vehicles required for providing security services to the beneficiary and his family shall be determined by the body in charge of the security service.

9. Telephone Service

1/An outgoing President, Prime Minister or

Deputy Prime Minister shall be provided, at the expense of the Government, with two fixed-line telephones at his residential house and one mobile telephone for his personal communications.

2/The type and number of telephone lines required for providing security services shall be determined by the body in charge of the security service.

10. Office Service

1/If an outgoing President, Prime Minister or

Deputy Prime Minister engages in various public services, he shall be provided with a place of work in the city where his residential house is located.

2/ The beneficiary shall be entitled to choose a secretary and an expert whose salary shall be paid by the Government.

3/The Government shall provide the necessary office facilities such as computer, telephone, internet and postal services and bear the costs thereof.

4/The provision of office service shall be terminated if the beneficiary uses the office for any purpose other than public service.

5/In case of death of the beneficiary and without prejudice to the provisions of sub-article (4) of this Article, his family may use the office for not more than five years until the completion of the public services commenced by the deceased.

11. Death of Beneficiary

1/ Where an outgoing President, Prime Minister or Deputy Prime Minister dies:

a)the news of his death shall be announced to the Ethiopian people by the serving President, Prime Minister or Deputy Prime Minister, as the case may be, through government mass media;

b)there shall be declared a one-day national mourning day throughout the country;

c)the National Flag shall be flown at half-mast on to federal and regional office buildings, schools, hospitals, defense offices and on to the country’s Embassies overseas;

d)the cadaver shall be accompanied by a military funeral march;

e)the government shall cover expenses of the funeral ceremony.

2/Where a beneficiary dies, the allowance for personal expenses referred to in Article 3 of this Proclamation shall continue to be paid to his spouse. Where the spouse also dies, the allowance shall continue to be paid to his children under the age of 21 years.

3/The death of the beneficiary shall not have the effect of terminating the residential house, medical benefits and security services provided to his family under Articles 4, 5 and 6 of this Proclamation.

4/The provisions of this Article shall, mutatis mutandis, be applicable where a President, Prime Minister or Deputy Prime Minister dies while in service.

PART THREE

RIGHTS AND BENEFITS OF OUTGOING SENIOR GOVERNMENT OFFICIALS

12. Pension Rights

1/ Notwithstanding any provision to the contrary under the relevant pension law, if a Senior Government Official who has served for at least one election term:

a)attained the age of 50 at the time of his retirement, he shall receive retirement pension for life;

b)retires because of not fulfilling the medical condition of service, he shall receive invalidity pension for life;

c)dies while in service, his survivors shall receive pension.

2/ If a Senior Government Official who has served for less than one full election term:

a) has not attained the age of 50 at the time of his retirement, he shall receive retirement gratuity;

b) retires because of not fulfilling the medical condition of service, he shall receive invalidity gratuity.

3/The amounts of pension and gratuity payable under this Article shall be determined in accordance with the relevant provisions of pension law.

4/The financial impact on the pension fund resulting from the application of the provisions of this Article shall be covered by the Federal Government.

13. Maintenance Allowance

1/ Any Senior Government Official shall be entitled to payment of maintenance allowance if he has been released from office:

a)after serving for not less than one election term; or

b)due to sickness, disability or any other ground caused by force majeure upon completing at least half of one election term.

2/The amount of maintenance allowance to be paid pursuant to sub-article (1) of this Article shall be equivalent to three month’s salary for the first year of service, and one month’s salary shall be added for every additional year of service; provided, however, that the total amount of maintenance allowance shall not exceed 18 month’s salary.

14. Severance Pay

1/Any Senior Government Official who has been released from office shall be entitled to severance pay.

2/The amount of severance pay to be paid pursuant to sub-article (1) of this Article shall be equivalent to three month’s salary for the first year of service, and one third of the monthly salary shall be added for every additional year of service; provided, however, that the total amount of severance pay shall not exceed one year’s salary.

15. Housing Allowance

1/ Any Senior Government Official shall be entitled to housing allowance if he has been released from office:

a)after serving for at least one election term; or

b)due to sickness, disability or any other ground caused by force majeure upon completing at least half of one election term.

2/ The housing allowance under sub-article

(1) of this Article shall be paid in a lump sum and its amount shall be:

a)in the case of a Minister, six month’s full payment for the initial service and an addition of half of the monthly payment for every additional year of service beyond the first election term;

b)in the case of a Minister of State, three month’s full payment for the initial service and an addition of half of the monthly payment for every additional year of service beyond the first election term;

c)in the case of a Deputy Minister, two month’s full payment for the initial service and an addition of half of the monthly payment for every additional year of service beyond the first election term;

provided, however, that the total payment shall not exceed 18 month’s housing allowance.

16. Vehicle Allowance

1/ Any Senior Government Official shall be entitled to vehicle allowance if he has been released from office:

a) after serving for at least one election term; or

b) due to sickness, disability or any other ground caused by force majeure upon completing at least half of one election term.

2/ The vehicle allowance under sub-article (1) of this Article shall be paid in a lump sum and its amount shall be:

a)in the case of a Minister, six month’s full payment for the initial service and an addition of half of the monthly payment for every additional year of service beyond the first election term

b)in the case of a Minister of State, three month’s full payment for the initial service and an addition of half of the monthly payment for every additional year of service beyond the first election term;

c)in the case of a Deputy Minister, two month’s full payment for the initial service and an addition of half of the monthly payment for every additional year of service beyond the first election term;

provided, however, that the total payment shall not exceed 18 month’s vehicle allowance.

17. Medical Benefit

1/ Any Ex-Minister:

a)shall get free medical services for himself and his family in public health institutions or, where appropriate, in private health institutions at the expense of the Government;

b)may get overseas medical services at the expense of the Government when recommended by a medical board.

2/Where an Ex-Minister and his spouse are admitted to a local health institution, they shall be entitled to first class inpatient services.

3/Any Ex-Minister of State shall get free medical services for himself and his family in local public health institutions or, where appropriate, in private health institutions at the expense of the Government.

4/Any Ex-Deputy Minister shall get free medical services for himself and his family in local public health institutions.

18. Security Service

1/If a Minister is provided with security protection while in service, he shall be entitled to the same service for himself and his family after he has been released from office.

2/The composition and size of the security force shall be determined by the body in charge of the security service.

19. Certificate of Service

1/ An Ex-Senior Government Official shall be issued with:

a)a certificate of service of 1st rank if he has served for two or more election terms;

b)a certificate of service of 2nd rank if he has served for more than one and less than two election terms;

c)a certificate of service of 3rd rank if he has served for one full election term;

d)a certificate of service of 4th rank if he has served for more than half and less than one election term.

2/ A certificate of service to be issued to a

Minister or Minister of State shall be signed by the Prime Minister, and that to be issued to a Deputy Minister shall be signed by the Deputy Prime Minister.

3/ An Ex-Senior Government Official issued with a certificate of service shall be entitled to:

a)preference in getting medical services in public hospitals;

b)a seat of honour at a place where a public ceremony is held.

4/An Ex-Minister issued with a certificate of service of 1st rank shall, in addition to the benefit provided for under sub-article (3) of this Article, be entitled to:

a)diplomatic passport;

b)VIP services at airports;

c)government funding of 50% of his air fare for his local flights.

5/ An Ex-Minister issued with a certificate of service of 2nd rank or an Ex-Minister of State issued with a certificate of service of 1st rank shall, in addition to the benefit provided for under sub-article (3) of this Article, be entitled to:

a)diplomatic passport;

b)VIP services at airports;

c)government funding of 25% of his air fare for his local flights.

6/ An Ex-Minister issued with a certificate of service of 3rd rank or an Ex-Minister of State issued with a certificate of service of 2nd rank or an Ex-Deputy Minister issued with a certificate of service of 1st rank shall, in addition to the benefit provided for under sub-article (3) of this Article, be entitled to:

a)diplomatic passport;

b)VIP services at airports;

c)government funding of 10% of his air fare for his local flights.

7/An Ex-Minister issued with a certificate of service of 4th rank or an Ex-Minister of State issued with a certificate of service of 3rd rank or an Ex-Deputy Minister issued with a certificate of service of 2nd rank shall, in addition to the benefit provided for under sub-article (3) of this Article, be entitled to:

a) diplomatic passport;

b) VIP services at airports.

8/An Ex-Minister of State issued with a certificate of service of 4th rank or an Ex-Deputy Minister issued with a certificate of service of 3rd rank shall, in addition to the benefit provided for under sub-article (3) of this Article, be entitled to service passport.

20. Death of Beneficiary

1/ If a Senior Government Official dies while in service:

a)his three month’s salary shall be paid to his family to cover expenses related to his death;

b)the resettlement allowance, severance pay, housing allowance and vehicle allowance that may have been due to him had he been released from office shall be paid to his family.

2/ If an Ex-Senior Government Official dies, before he has received his benefits, the resettlement allowance, severance pay, housing allowance and vehicle allowance that have been due to him shall be paid to his family.

3/ If any Minister, while in service or after being released from office, dies:

a)the news of his death, together with his short biography, shall be disclosed through government media;

b)a Senior Government Official shall attend his funeral ceremony and lay a funeral wreath;

c)the funeral ceremony shall be conducted at the expense of the Government.

4/The death of a Senior Government Official shall not have the effect of terminating the medical benefits offered to his family at local health institutions pursuant to this Proclamation.

PART FOUR

RIGHTS AND BENEFITS OF EX-MEMBERS OF PARLIAMENT

21. Pension Rights

1/The provisions of Article 12 of this Proclamation providing for pension rights to Ex-Senior Government Officials shall also be applicable to Ex-Members of Parliament.

2/Without prejudice to the provisions of sub-article (1) of this Article the definition given to “public servant” under the relevant pension law shall be applicable to any Member of Parliament.

22. Maintenance Allowance

The provisions of Article 13 of this Proclamation providing for maintenance allowance to Ex-Senior Government Officials shall also be applicable to Ex-Members of Parliament.

23. Severance Pay

The provisions of Article 14 of this Proclamation providing for severance pay to Ex-Senior Government Officials shall also be applicable to Ex-Members of Parliament; provided, however, that a Member who is reinstated to his former job in accordance with Article 29 of this Proclamation shall not be entitled to severance pay.

24. Housing Allowance

1/The provisions of Article 15 of this Proclamation providing for housing allowance to Ex-Senior Government Officials and specifically to an Ex-Minister shall also be applicable to an Ex-Speaker, Government Representative and Opposition Party Leader.

2/The provisions of Article 15 of this Proclamation providing for housing allowance to Ex-Senior Government Officials and specifically to an Ex-Minister of State shall also be applicable to an Ex-Deputy Speaker, Deputy Government Representative and Opposition Party Representative.

3/The provisions of Article 15 of this Proclamation providing for housing allowance to Ex-Senior Government Officials and specifically to an Ex-Deputy Minister shall also be applicable to an Ex-Assistant Government Representative and Assistant Opposition Party Representative.

4/A Chairperson or a Deputy Chairperson of a Standing Committee or any other Member of Parliament who has served for at least one election term shall be entitled to three month’s housing allowance from the last day of the term of the Parliament.

5/A Chairperson or a Deputy Chairperson of a Standing Committee who has the responsibility of handing over already commenced activities to an incoming Member shall be entitled to six month’s housing allowance from the last day of the term of the Parliament.

6/Any Member of Parliament other than those referred to in sub-articles (1) to (3) and Chairperson and a Deputy Chairperson of a Standing Committee who has the responsibility of handover functions shall, in accordance with the decision of the Speaker, be entitled to a maximum of six month’s housing allowance from the last day of the term of the Parliament.

25. Vehicle Allowance

1/The provisions of Article 16 of this Proclamation providing for vehicle allowance to Ex-Senior Government Officials and specifically to an Ex-Minister shall also be applicable to an Ex-Speaker, Government Representative and Opposition Party Leader.

2/The provisions of Article 16 of this Proclamation providing for vehicle allowance to Ex-Senior Government Officials and specifically to an Ex-Minister of State shall also be applicable to an Ex-Deputy Speaker, Deputy Government Representative

and Opposition Party Representative.

3/The provisions of Article 16 of this Proclamation providing for vehicle allowance to Ex-Senior Government Officials and specifically to an Ex-Deputy Minister shall also be applicable to an Ex-Assistant Government Representative and Assistant Opposition Party Representativ

26. Medical Benefits

1/The provisions of sub-articles (1) and (2) of Article 16 of this Proclamation providing for medical benefits to an Ex-Minister shall also be applicable to an Ex-Speaker, Government Representative and Opposition Party Leader.

2/The provisions of sub-article (3) of Article 16 of this Proclamation providing for medical benefits to an Ex-Minister of State shall also be applicable to an Ex-Deputy Speaker, Deputy Government Representative nd Opposition Party Representative.

3/The provisions of sub-article (4) of Article 16 of this Proclamation providing for medical benefits to an Ex-Deputy Minister shall also be applicable to an Ex-Assistant Government Representative and Assistant Opposition Party Representative.

27. Security Service

1/If a Speaker or Government Representative is provided with security protection while in service, he shall be entitled to the same service for himself and his family after he has been released from office.

2/The composition and size of the security force shall be determined by the body in charge of the security service.

28. Transport and Luggage Allowance

1/Any Member of Parliament shall be entitled to transport and luggage allowance for himself and his family, at the rate of the current transport tariff, when he returns to the place of his permanent residence at the end of his term.

2/A Member of Parliament shall use road or rail transport to be entitle to transport and luggage allowance in accordance with sub-article (1) of this Article; provided, however, that he may use air transport in case of force majeure.

3/The luggage allowance to be paid to any

Member of Parliament in accordance with sub-article (1) of this Article shall, depending on the type of land transport used, cover the transport cost of 1,000 kilograms of luggage for the Member alone, and 1,500 kilograms of luggage plus 100 kilograms per a child when accompanied by his spouse and children.

4/If the Member of Parliament uses his own transport vehicle, the fuel cost shall be calculated on the basis of the distance of his destination and shall be covered by the Government.

29. Reinstatement to Former Job

1/A Member of Parliament who is released from office and who was an employee of a government office or public enterprise prior to his election shall, upon his request and the consent of the Government, be reinstated to his former job or, if it is not vacant, to a similar vacant job.

2/If a Member of Parliament who has been released from office could not be reinstated in accordance with sub-article (1) of this Article, he may be assigned to a similar vacant job in any other government office or public enterprise.

3/The service rendered in Parliament by the Member shall be counted in calculating the period of service he renders in the government office or public enterprise he is reinstated.

4/The provisions of this Article shall not be applicable to job positions to be filled by appointment.

30. Certificate of Service

1/ An Ex-Member of Parliament shall be issued with:

a)a certificate of service of 1st rank if he has served for two or more election terms;

b)a certificate of service of 2nd rank if he has served for more than one and less than two election terms;

c)a certificate of service of 3rd rank if he has served for one full election term;

d)a certificate of service of 4th rank if he has served for more than half and less than one election term.

2/A certificate of service to be issued to an Ex-

Speaker, Government Representative, Deputy Speaker, Deputy Government Representative or Opposition Party Leader shall be signed by the President of the Country, and that to be issued to an Ex-Assistant Government Representative, Opposition Party Representative or Assistant Representative, Chairperson or Deputy Chairperson of a Standing Committee or any other Member of Parliament shall be signed by the Speaker.

3/The provisions of Article 19 of this

Proclamation providing for benefits to an Ex-Minister issued with a certificate of service shall also be applicable to an Ex-Speaker, Government Representative and Opposition Party Leader.

4/The provisions of Article 19 of this

Proclamation providing for benefits to an Ex-Minister of State issued with a certificate of service shall also be applicable to an Ex-Deputy Speaker, Deputy Government Representative and Opposition Party Representative.

5/The provisions of Article 19 of this

Proclamation providing for benefits to an Ex-Deputy Minister issued with a certificate of service shall also be applicable to an Ex-Assistant Government Representative and Assistant Opposition Party Representative.

6/The provisions of sub-article (3) of Article 19 of this Proclamation providing for benefits to an Ex-Senior Official issued with a certificate of service shall also be applicable to an Ex-Member of Parliament.

31. Death of Beneficiary

1/ If a Member of Parliament dies while in service:

a)his three month’s salary shall be paid to his family to cover expenses related to his death;

b)the resettlement allowance, severance pay, housing allowance and vehicle allowance that may have been due to him had he been released from office shall be paid to his family.

2/ If an Ex-Member of Parliament dies, before he has received his benefits, the resettlement allowance, severance pay, housing allowance and vehicle allowance that have been due to him shall be paid to his family.

3/ If a Speaker, Government Representative or an Opposition Party Leader, while in service or after being released from office, dies:

a)the news of his death, together with his short biography, shall be announced through government media;

b)a Senior Government Official shall attend his funeral ceremony and lay a funeral wreath;

c)the funeral ceremony shall be conducted at the expense of the Government.

4/The death of a Speaker, Government Representative, Opposition Party Leader, Deputy Speaker, Deputy Government Representative, Opposition Party Representative, Assistant Government Representative or Assistant Opposition Party Representative shall not have the effect of terminating the medical benefits offered to his family at local health institutions pursuant to this Proclamation.

PART FIVE

RIGHTS AND BENEFITS OF EX-JUDGES

SECTION ONE

RIGHTS AND BENEFITS OF OUTGOING PRESIDENT AND DEPUTY PRESIDENT OF THE SUPREME COURT

32. General

The provisions of this Section shall be applicable to outgoing President and Deputy President of the Federal Supreme Court released from office due to retirement.

33. Allowance for Personal Expenses

1/ The monthly salary and allowances paid to a

President or Deputy President of the Supreme Court shall not be discontinued upon his release from office.

2/ Where adjustments are made to the salary and allowances of a serving President or Deputy President of the Supreme Court, similar adjustments shall be made to the allowance for personal expenses of an outgoing President or Deputy President of the Supreme Court.

34. Residential House

An outgoing President or Deputy President of the Supreme Court shall be provided with a residential house having three-to-four bedrooms the administrative costs of which shall be covered by the Government.

35. Medical Benefits

1/An outgoing President or Deputy President of the Supreme Court and his family shall get local and overseas medical services at the expense of the Government.

2/The medical services shall, as may be appropriate, be offered at public or private health institutions. Where the beneficiary or member of his family is admitted to a local health institution, he shall be entitled to first class inpatient services.

36. Security Service

1/Security guards shall be assigned to protect an outgoing President or Deputy President of the Supreme Court and his family.

2/The composition and size of the security force shall be determined by the body in charge of the security service.

37. Protocol Service

An outgoing President or Deputy President of the Supreme Court shall be entitled to:

1/diplomatic passport and VIP services; and

2/full protocol service commensurate to his former position both locally and abroad.

38. Transport Vehicles

1/An outgoing President or Deputy President of the Supreme Court shall be provided by the Government with two high standard transport vehicles.

2/The running costs of the vehicles, including driver’s salary, fuel and maintenance costs, shall be covered by the Government.

3/Vehicles required for providing security services to the beneficiary and his family shall be determined by the body in charge of the security service.

39. Telephone Service

1/An outgoing President or Deputy President of the Supreme Court shall be provided, at the expense of the Government, with two fixed-line telephones at his residential house and one mobile telephone for his personal communications.

2/The type and number of telephone lines required for providing security services shall be determined by the body in charge of the security service.

40. Office Service

1/If an outgoing President or Deputy President of the Supreme Court engages in various public services, he shall be provided with a place of work in the city where his residential house is located.

2/The beneficiary shall be entitled to choose a secretary and an expert whose salary shall be paid by the Government.

3/The Government shall provide the necessary office facilities such as computer, telephone, internet and postal services and bear the costs thereof.

4/The provision of office service shall be terminated if the beneficiary uses the office for any purpose other than public service.

5/In case of death of the beneficiary and without prejudice to the provisions of sub-article (4) of this Article, his family may use the office for not more than five years until the completion of the public services commenced by the deceased

41. Death of Beneficiary

1/ Where an outgoing President or Deputy President of the Supreme Court dies:

a)the news of his death, together with his short biography, shall be disclosed through government media;

b)a Senior Government Official shall attend his funeral ceremony and lay a funeral wreath;

c)the funeral ceremony shall be conducted at the expense of the Government.

2/Where a beneficiary dies, the allowance for personal expenses referred to in Article 33 of this Proclamation shall continue to be paid to his spouse. Where the spouse also dies, the allowance shall continue to be paid to his children under the age of 21 years.

3/The death of the beneficiary shall not have the effect of terminating the residential house, medical benefits and security services provided to his family under Articles 34, 35 and 36 of this Proclamation.

4/The provisions of this Article shall, mutatis mutandis, be applicable where a President or Deputy President of the Supreme Court dies while in service.

SECTION TWO

RIGHTS AND BENEFITS OF EX-JUDGES

42. General

Without prejudice to the provisions of Articles 44(1)(b), 46(1)(b), 47(1)(b) and 51 of this Proclamation, the provisions of this Section shall be applicable to Judges, other than the President and Deputy President of the Supreme Court, released from office due to retirement.

43. Pension Rights

Ex-Judges shall be entitle to pension rights in accordance with the relevant pension law

44. Maintenance Allowance

1/ Any Judge shall be entitled to payment of maintenance allowance if he has been released from office:

a)after serving for not less than five years; or

b)due to sickness, disability or any other ground caused by force majeure after serving at least two and half years.

2/The amount of maintenance allowance to be paid pursuant to sub-article (1) of this Article shall be equivalent to three month’s salary for the first year of service, and one month’s salary shall be added for every additional year of service; provided, however, that the total amount of maintenance allowance shall not exceed 18 month’s salary.

45. Severance Pay

The provisions of Article 14 of this Proclamation providing for severance pay to Ex-Senior Government Officials shall also be applicable to Ex-Judges.

46. Housing Allowance

1/ Any Judge shall be entitled to payment of housing allowance if he has been released from office:

a)after serving for not less than five years; or

b)due to sickness, disability or any other ground caused by force majeure after serving at least two and half years.

2/ The housing allowance under sub-article (1) of this Article shall be paid in a lump sum and its amount shall be:

a)in the case of a Supreme Court Judge, six month’s full payment for the initial service and an addition of half of the monthly payment for every additional year of service beyond five years of service;

b)in the case of a High Court Judge, three month’s full payment for the initial service and an addition of half of the monthly payment for every additional year of service beyond five years of service;

c)in the case of a First Instance Court Judge, two month’s full payment for the initial service and an addition of half of the monthly payment for every additional year of service beyond five years of service ;

provided, however, that the total payment shall not exceed 18 month’s housing allowance.

47. Vehicle Allowance

1/ Any Judge shall be entitled to payment of vehicle allowance if he has been released from office:

a)after serving for not less than five years; or

b)due to sickness, disability or any other ground caused by force majeure after serving at least two and half years.

2/ The vehicle allowance under sub-article (1) of this Article shall be paid in a lump sum and its amount shall be:

a)in the case of a Supreme Court Judge, six month’s full payment for the initial service and an addition of half of the monthly payment for every additional year of service beyond five years of service;

b)in the case of a High Court Judge, three month’s full payment for the initial service and an addition of half of the monthly payment for every additional year of service beyond five years of service;

c)in the case of a First Instance Court Judge, two month’s full payment for the initial service and an addition of half of the monthly payment for every additional year of service beyond five years of service ;

provided, however, that the total payment shall not exceed 18 month’s vehicle allowance.

48. Medical Benefits

1/The provisions of sub-articles (1) and (2) of Article 17 of this Proclamation providing for medical benefits to an Ex-Minister shall also be applicable to an Ex-Supreme Court Judge.

2/The provisions of sub-article (3) of Article 17 of this Proclamation providing for medical benefits to an Ex-Minister of State shall also be applicable to an Ex-High Court Judge.

3/The provisions of sub-article (4) of Article 17 of this Proclamation providing for medical benefits to an Ex-Deputy Minister shall also be applicable to an Ex-First Instance Court Judge.

49. Security Service

1/If a Supreme Court Judge is provided with security protection while in service, he shall be entitled to the same service for himself and his family after he has been released from office.

2/The composition and size of the security force shall be determined by the body in charge of the security service.

50. Certificate of Service

1/ An Ex-Judge shall be issued with:

a)a certificate of service of 1st rank if he has served for more than 15 years;

b)a certificate of service of 2nd rank if he has served for more than 10 up to 15 years;

c)a certificate of service of 3rd rank if he has served for more than 5 up to 10 years;

d)a certificate of service of 4th rank if he has served for more than two and half years up to five years.

2/A certificate of service to be issued to an Ex-Supreme Court Judge shall be signed by the Prime Minister, and that to be issued to an Ex-High Court or First Instance Court Judge shall be signed by the President of the Supreme Court.

3/The provisions of Article 19 of this

Proclamation providing for benefits to an Ex-Minister issued with a certificate of service shall also be applicable to an Ex-Supreme Court Judge.

4/The provisions of Article 19 of this

Proclamation providing for benefits to an Ex-Minister of State issued with a certificate of service shall also be applicable to an Ex-High Court Judge.

5/The provisions of Article 19 of this

Proclamation providing for benefits to an Ex-Deputy Minister issued with a certificate of service shall also be applicable to an Ex-First Instance Court Judge.

51. Death of Beneficiary

1/ If a Judge dies while in service:

a)his three month’s salary shall be paid to his family to cover expenses related to his death;

b)the resettlement allowance, severance pay, housing allowance and vehicle allowance that may have been due to him had he been released from office shall be paid to his family.

2/ If an Ex-Judge dies, before he has received his benefits, the resettlement allowance, severance pay, housing allowance and vehicle allowance that have been due to him shall be paid to his family.

3/ If a Supreme Court Judge, while in service or after being released from office, dies:

a)the news of his death, together with his short biography, shall be disclosed through government media;

b)a Senior Government Official shall attend his funeral ceremony and lay a funeral wreath;

c)the funeral ceremony shall be conducted at the expense of the Government.

4/The death of a Judge shall not have the effect of terminating the medical benefits offered to his family at local health institutions pursuant to this Proclamation.

PART SIX

MISCELLANEOUS PROVISIONS

52. Rate of Housing and Vehicle Allowances

1/The rate of housing allowance to be paid pursuant to this Proclamation shall be determined by directives of the Council of Ministers issued in consideration of the current rates of house rent.

2/The rate of vehicle allowance to be paid pursuant to this Proclamation shall be determined by directives of the Council of Ministers issued in consideration of the current costs of fuel, grease, oil, maintenance and other running costs of vehicles.

53. Computation of Service and Relations of Benefits

1/The service of any Ex-Senior Government Official rendered as a Member of Parliament prior to his appointment shall be considered in computing his service pursuant to this Proclamation.

2/The service of any Ex-Member of Parliament rendered as a Senior Government Official prior to his election shall be considered in computing his service pursuant to this Proclamation.

3/The service of any Ex-Senior Government Official or Ex-Member of Parliament rendered as a State Government Senior Official, Speaker or Deputy Speaker of State Council or fulltime Chairperson of a Standing Committee of State Council prior to his appointment or election shall be considered in computing his service pursuant to this Proclamation.

4/Any previous service referred to in sub-article (1), (2) or (3) of this Article shall not be considered in computing service pursuant to this Proclamation if the beneficiary has already acquired rights and benefits relating to the said service in accordance with this Proclamation or the legislation of the concerned State.

5/Where the previous service referred to in sub-article (1), (2) or (3) of this Article entitles the beneficiary with better rights and benefits, such rights and benefits shall be applicable.

6/Where a beneficiary was a Member of Parliament and Senior Government Official at the same time, he shall be entitled to the rights and benefits of an Ex-Member of Parliament or Ex-Senior Government Official, which ever is higher.

7/Where an Ex-Senior Government Official has served at different levels of a Senior Government Official’s position, he shall be entitled to the rights and benefits applicable, in accordance with this Proclamation, to the highest position he assumed at any time of his tenure.

54. Deprivation of Rights and Benefits

1/ Any Head of State or Government or Senior Government Official shall not be entitled to the rights and benefits under this Proclamation if he is removed from office on the ground that he has:

a)failed to implement or cause the implementation of government policies;

b)abused his power;

c)involved in corrupt practices;

d) given or disclosed confidential informations to a party not entitled to;

e) committed any other offence entailing criminal or disciplinary liabilities.

2/ Any Member of Parliament shall not be entitled to the rights and benefits under this Proclamation if he has lost his mandate:

a)for having no confidence of the electorate; or

b)due to misconduct.

3/Any Head of State or Government or Senior Government Official or Member of Parliament shall not be entitled to the rights and benefits under this Proclamation if he has resigned without following the prescribed procedure.

55. Termination of Rights and Benefits

1/The enjoyment of rights and benefits under this Proclamation shall be terminated where:

a) any beneficiary:

(1) attempts to disrupt the constitutional order;

(2)involves in any act endangering the sovereignty of the country;

(3)commits an act of treason;

(4) fails to keep the confidentiality of secureable informations related to the affairs of the nation known to him during his office responsibility;

(5)fails to respect the Constitution and bodies constituted under the Constitution;

b)an Ex-President becomes a member of a political party or organization;

c)an outgoing Head of State or Government or an outgoing President or Deputy President of the Supreme Court is employed on a job or earns income from any activity, which is conflicting with his former position or incompatible with his status;

d)an Ex-Judge engages in rendering advocacy services;

e)an Ex-Senior Government Official is employed, within two years from the date of his release, by any private organization or international organization other than intergovernmental organization or by nongovernmental organization, that has direct relationship with the government office he was in charge of.

2/The termination of rights and benefits pursuant to sub-article (1)(a) of this Article shall be effected upon the decision of the House of Peoples’ Representatives following the conviction of the beneficiary by the competent court.

3/The termination of rights and benefits pursuant to sub-article (3)(b), (c), (d) or (e) of this Article shall be effected upon the decision of the House of Peoples Representatives following the investigation, conducted by the Federal Ethics and Anti-Corruption Commission, on the offense committed by the beneficiary.

4/An outgoing Head of State or Government or President or Deputy President of the Supreme Court shall, before engaging in an employment or any other income generating activity, obtain a clearance from the Federal Ethics and Anti-Corruption Commission.

5/A beneficiary shall notify the appropriate body the total or partial waiver of his rights and benefits under this Proclamation if he wishes so.

56. Financial Support upon New Appointment

1/A newly appointed or elected Minister, Speaker, Government Representative, Opposition Party Leader, President of the Supreme Court, Deputy President of the Supreme Court or a Supreme Court Judge shall be granted non-repayable two month’s salary to facilitate his settlement.

2/A newly appointed or elected Minister of State, Deputy Minister, Deputy Speaker, Deputy or Assistant Government Representative, Opposition Party Representative or Assistant Representative shall be granted non-repayable one month’s salary to facilitate his settlement.

57. Power to Issue Regulations and Directives

The Council of Ministers may issue regulations and directives necessary for the implementation of this Proclamation.

58. Repealed and Inapplicable Laws

1/The Administration of the President of the

Federal Democratic Republic of Ethiopia Proclamation No. 255/2001 is hereby repealed.

2/No law, regulation, directive or practice shall, in so far as it is inconsistent with this Proclamation, have force or effect in respect of matters provided for in this Proclamation.

3/The provisions of sub-article (1) of this

Article shall not affect rights and benefits acquired under Proclamation No. 255/2001 and remained valid until the effective date of this Proclamation. 3FYYC47NEZB4

59. Effective Date

This Proclamation shall enter into force as of the 8th day of July, 2008.

Done at Addis Ababa, this 9th day of September, 2009

GIRMA WOLDEGIORGIS

PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA

Amended Federal Judicial Administration Council Establishment Proclamation (Proclamation No. 684/2010)


WHEREAS, an independent judiciary is established under the Constitution of the Federal Democratic Republic of Ethiopia;
WHEREAS, the independence of the judiciary can only be ensured if its institutional and judicial independence is protected; and in order to achieve this goal the judiciary should be able to administer itself in a way free from any influence;
WHEREAS, it is necessary to ensure the accountability of the judiciary and it is required to widen the composition of the members of the Council;
WHEREAS, it has become necessary to establish a judicial administration organ with all the necessary structures and legally recognized powers;
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 “Amended Federal Judicial Administration Council Establishment Proclamation No. 684/2010.”
2. Definitions
Unless the context requires otherwise, in this Proclamation:
1./ “Council” means the Federal Judicial Administration Council;
2/ “Federal Judge” means any person who is appointed to work as a judge in a federal court including the Presidents and Vice-Presidents of the Federal Courts;
3/ “Breach of Discipline” means any act that violates the rules in the Federal Courts Judges Code of Conduct;
4/ “Manifest Incompetence and Inefficiency” means getting a performance result lower than the one stated in the Federal Judges Performance Measurement Appraisal;
5/ “Constitution” means the constitution of the
Federal Democratic Republic of Ethiopia;
6/ “President” means the President of the Federal
Supreme Court;
7/ “Person” means a natural or juridical person.
3. Gender Reference
In this Proclamation any expression in the masculine gender includes the feminine.

4. Establishment of the Judicial Administration Council

1/ The Federal Judicial Administration Council (hereinafter referred to as “the Council”) is hereby established.

2/ The Council shall have its own secretariat, head of secretariat, budget and the necessary staff. The head of the secretariat shall serve as the Council’s secretary.

3/ The office of the Council shall have legal personality.

5. Members of the Council

1/ The Council shall have the following members:

a) the President of the Federal Supreme Court………………………….Chairperson

b) the Vice President of the Federal

Supreme Court…………………           member

c) three members of the House of

Peoples’ Representatives………      “

d) the Minister of the Federal Ministry
of Justice ………………………….                           “

e) the President of the Federal High Court ……………………………… “

f) the President of the Federal First Instance Court ……………………. “

g) a judge selected by all the Federal Judges …………………………….. “

h) a lawyer appointed by the Council from those practicing in the Federal Courts……………………………….             “

i) law academic appointed by the  Council from a recognized higher educational institution………………             “

j) a distinguished citizen appointed by the Council ……

2/ Efforts shall be made to ensure representations of women in the Council.

3/ The Vice President of the Federal Supreme Court shall chair the Council in the absence of the President.

6. Powers and Duties of the Council

1/ The Council shall have the following powers and duties:

a)order a notice to be issued outlining the criteria set under Article 11 of this Proclamation upon the request of the President and decide how and where such notice shall be publicized;

b)to nominate candidates who qualify for judgeship from among persons who applied for judicial positions per Article 11 of this Proclamation;

c)to nominate candidates for President and Vice-President of the Federal High Court and First Instance Court from a list presented by the President;

d)to appoint head of the secretariat of the Council, registrars of federal courts, assistant judges and other court officials upon presentation by the President and decide on their salaries, allowances, other benefits and the conditions upon which they may be removed from their positions;

e)to forward its opinion on the list of Regional Supreme and High Court candidate judges, submitted to it by a Regional Judicial Administration Councils pursuant to Article 81(4) of the Constitution;

f)to issue a Code of Conduct, Rules of Disciplinary Procedure and Performance Appraisal criteria for presidents and vice presidents of federal courts and federal judges and to follow up its implementation

)to decide on the placement, transfer, salary, allowance, medical benefits and promotion of federal judges;

h)to decide on matters presented to it pursuant to Article 12 of this Proclamation; it may suspend a judge until the decision is approved by the House of Peoples’ Representatives: the details shall be determined in the Rules of Disciplinary Procedure for Federal Judges;

i)shall issue work directive for the secretariat of the Council and supervise its implementation;

j)to delegate presidents of federal courts to decide on disciplinary matters selected by the Council. An appeal can be made to the Council against any decision given by the presidents of federal courts; the details shall be determined in the Rules of Disciplinary Procedure for Federal Judges;

k)to conduct periodic evaluation of the judicial activities of federal courts and judges.

2/ The conditions of service of persons to be appointed by the Council pursuant to sub-article (1) (d) of this Article, except on matters specifically stated as powers of the Council, shall be in accordance with the appropriate civil service laws.

7. Meeting of the Council

1/ The Council 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 more than half of the members of the Council are present.

3/ Decisions of the Council shall be passed by a majority vote; in case of a tie, however, the chairperson shall have a casting vote.

4/ A judge who is a member of the Council, and against whom disciplinary proceedings are instituted, may not sit in meetings of the Council while his case is under investigation.

5/ Without prejudice to the provisions of sub-article (1), (2), (3) and (4) of this Article, the Council may draw up its own rules of procedure of meeting.

8. Powers and Duties of the Chairperson of the Council

The chairperson of the Council shall have the following powers and duties:

1/ to direct and supervise the secretariat of the
Council;

2/ to convene the meetings of the Council;

3/ to preside over the meetings of the Council;

4/ to prepare and present to the Council the profiles of persons who qualified pursuant to Article 6(1)(a) of this Proclamation; present to the Prime Minister candidate judges selected by the Council to be appointed by the House of Peoples’ Representatives;

5/ to present candidates for president and vice president positions of the Federal High Court and First Instance Court; present to the Prime Minister the candidates selected by the Council to be appointed by the House of Peoples’ Representatives;

6/ to prepare and present to the Council the profile of persons to be appointed pursuant to Article 6(1)(c) and (d) of this Proclamation;

7/ to present the budget requirement of the Council to the House of Peoples’ Representatives; to administer the budget when approved.

9. Powers and Duties of the Council’s Secretariat

The Council’s secretariat shall have the following powers and duties:

1/ to prepare annual work plan and budget of the
Council;

2/ to receive complaints on federal judges presented pursuant to Article 13 of this Proclamation; to notify decisions passed on such complaints by the Council to the concerned persons and organs;

3/ to organize personal files of federal judges; follow-up that the files are updated with necessary information;

4/ to follow-up implementation of administrative matters regarding federal judges;

5/ to keep minutes and other documents of the
Council in an appropriate manner;

6/ to conduct appraisal of federal judges in accordance with the directive to be issued by the Council; enter results of the appraisal in the judges personal file;

7/ to perform other duties assigned to it by the
Council.

10. Powers and Duties of the Head of the Secretariat of the Council

The Head of the Secretariat of the Council shall have the following powers and duties:

1/ to serve as secretary on meetings of the Council, keep minutes of the Council; follow-up that minutes are signed by members of the Council;

2/ to present annual work plan and budget of the
Council to the chairperson of the Council;

3/ to present a report on the implementation of the work plan when requested by the Council;

4/ to present to the Council complaints lodged on federal judges; follow-up implementation of decisions on the complaints;

5/ to administer staff of the secretariat;

6/ to perform other duties assigned by the chairperson of the Council.

11. Criteria for Appointment of Judgeship

1/ Any Ethiopian who fulfills the following criteria may be appointed as a federal judge:

a) consents to assume judgeship;

b)is not under 25 years of age for a position in the Federal First Instance Court and not under 30 years of age for a position in the Federal High and Supreme Courts;

c)acquired at least a first degree in law with good results from a recognized higher education institution; such particulars shall be determined by the directive to be issued by the Council;

d)is loyal to the Constitution; confirms in writing that he is loyal to the Constitution and has never participated directly or indirectly in activities that violate the Constitution;

e)is found to be of good reputation in his knowledge, diligence, conduct and sense of justice upon interviews, examinations and other character tests conducted by the Council;

f)completes a pre-candidacy training for a period and at the place determined by the Council and scores above average points in the final examination;

g)confirms that he has never been punished with rigorous imprisonment.

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.

12. Termination of Tenure

1/ The tenure of any federal judge may be terminated on the following grounds:

a) upon resignation, subject to a two-month prior notice;

b)where he has attained the age of sixty;

c)where it is decided that he is incapable of properly discharging his duties due to illness;

d)where he has committed a breach of discipline resulting in dismissal in accordance with the Code of Conduct of Federal Courts’ Judges;

e)where it is decided that he is of manifest incompetence and inefficiency.

2/ Without prejudice to sub-article (1)(a) of this Article the Council may extend the last day of work of a judge who has given notice of resignation for a period not exceeding three months from the last date of the notice.

3/ If the Council decides to extend the period pursuant to sub article /2/ of this Article, it shall notify such decision to the concerned judge in writing before the period of notice of resignation lapses. Any decision of period of extension by the Council made after the lapse of the period of notice of resignation shall have no effect.

4/ A federal judge whose tenure is terminated on grounds of breach of discipline shall not get benefits payable by law upon termination of tenure of judges.

5/ Without prejudice to other laws regarding licensing of attorneys, a federal judge whose tenure is terminated shall not appear before any bench in a federal court in which he served as a judge representing litigants for a period of two years starting from the last date of termination of office.

13. Lodging of Complaints

1/ Any person may lodge a complaint with the Council against a federal judge who is said to have committed a breach of discipline.

2/ The Council may, if necessary, set up a committee to investigate matters on which a complaint is lodged. The structure of the committee and its working procedures shall be determined by the directive to be issued by the Council.

14. Power to Issue Regulation and Directive
The Council may issue regulations or directives necessary for the implementation of this Proclamation.
15. Oath
Judges shall take the following oath prior to assuming their duties:
“I___________________________, upon my
appointment and assumption of duty as judge of_____________________ court, on this day,
pledge to discharge with dedication the heavy responsibility entrusted to me.”
16. Repealed Laws
The Federal Judicial Administration Council Establishment Proclamation No.24/1996 is hereby repealed.
17. Transfer of Rights and Obligations
The rights and obligations of the Judicial Administration Council established under Proclamation No. 24/1996 are hereby transferred to the Council established by this Proclamation.
18. Effective Date
This Proclamation shall enter into force up on the date of its approval by the House of Peoples’ Representatives on the 29th day of June 2010.
Done at Addis Ababa, this 24th day of July, 2010
GIRMA WOLDEGIORGIS
PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA

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