Judicial Reform in Ethiopia: A Critical Analysis on the Case of Addis Ababa City Government Courts
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Date
2010-05
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Addis Ababa University
Abstract
Addis Ababa City Charter Creates two levels of City Courts, exercising municipal jurisdiction-
First Instance and Appellate Courts. There is no Supreme Court in the municipal court system,
although a cassation bench is included within the Appellate Court. Cassation review of
Appellate court decision can be brought before the Federal Supreme Court. This court has also
the power to decide on matters of jurisdictional conflicts between the City and Federal courts.
The court system in Addis Ababa City reflects a similar division as between federal and state
courts, except being a two level one.
The Ethiopian justice system, according to the Comprehensive Justice System Reform Program
baseline study (2005), has three core problems. First, it is neither accessible nor responsive to
the needs of the poor. Secondly, it has serious problems to tackle corruption, abuse of power,
and political interference in the administration of justice. And thirdly, inadequate funding of the
justice institutions aggravates most deficiencies of the administration of justice. As it is part
and parcel of the country’s legal system the judicial system in the Addis Ababa City government
is not absolutely free of the above mentioned insufficiencies.
To carry out this research descriptive method is utilized. The research mainly relied on primary
and secondary data. Secondary data sources include books and journals and articles. Internet
sources were also extensively used. Out of the eleven courts, including the appellate court, four
sample courts, which is more than thirty six percent of the total population .i.e. Bole, Yeka,
Arada, and the Appellate court were selected as sample area to collect data. Random sampling
is used to collect primary data, particularly using questionnaires and interviews.
The findings revealed that: the JAC in the City Courts is powerless in the selection of judges;
the process of selection of judges is not transparent; the A.A. City executive interference in the
functions of the courts is high; investigation of ethical misconduct is not made by an impartial
body and there is no way to appeal against the decisions of the JAC; judges representation in
the JAC is insignificant; the courts are not empowered to independently administer their
budget; the court structures in the City contradicts with the constitutional framework; the City
courts are inefficient, not accessible, particularly, for the poor. Case management in the courts is too poor. The Court supporting staffs are unqualified, both in education and experience, and
the least paid as well.
Therefore, the judicial system needs to be reformed in the sense of having a predictable judicial
environment with the perspective of reliable, independent, and efficient judicial system, which is
an essential factor for democratization, good governance, and economic development in
Ethiopia
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Government Courts