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Ethiopia Judicial System
The constitution provided for Ethiopia's first independent
judiciary. Traditionally, the Supreme Court and various
lower courts were the responsibility of the Ministry of Law
and Justice. After Haile Selassie's overthrow, much of the
formal structure of the existing judicial structure remained
intact. Over the years, regional and district level courts
were reformed somewhat. However, the new constitutional
provisions had the potential to change Ethiopia's national
judicial system significantly.
The constitution stipulated that judicial authority was
vested in "one Supreme Court, courts of administrative and
autonomous regions, and other courts established by law."
Supreme Court judges were elected by the National Shengo;
those who served at the regional level were elected by
regional shengos (assemblies). In each case, the judges
served terms concurrent with that of the shengo that elected
them. The Supreme Court and higher courts at the regional
level were independent of the Ministry of Law and Justice,
but judges could be recalled by the relevant shengo.
The Supreme Court was responsible for administering the
national judicial system. The court's powers were expanded
to oversee all judicial aspects of lesser courts, not just
cases appealed to it. At the request of the prosecutor
general or the president of the Supreme Court, the Supreme
Court could review any case from another court. Noteworthy
is the fact that, in addition to separate civil and criminal
sections, the court had a military section. In the late
1980s, it was thought that this development might bring the
military justice system, which had been independent, into
the normal judicial system. However, it became evident that
it would be some time before the Supreme Court could begin
to serve this function adequately.
Between 1987 and 1989, the government undertook a
restructuring of the Supreme Court with the intent of
improving the supervision of judges and of making the
administration of justice fairer and more efficient. The
Supreme Court Council was responsible for overseeing the
court's work relating to the registration and training of
judges and lawyers. The Supreme Court Council's first annual
meeting was held in August 1988, at which time it passed
rules of procedure and rules and regulations for judges.
Although the government reported that the courts were
becoming more efficient, it admitted that there was much to
be done before the heavy case burden of the courts could be
relieved.
Chapter 15 of the constitution established the Office of
the Prosecutor General, which was responsible for ensuring
the uniform application and enforcement of law by all state
organs, mass organizations, and other bodies. The prosecutor
general was elected by the National Shengo for a five-year
term and was responsible for appointing and supervising
prosecutors at all levels. In carrying out their
responsibilities, these officials were independent of local
government offices.
Local tribunals, such as kebele tribunals and peasant
association tribunals, were not affected by the 1987
constitution. People's courts were originally established
under the jurisdiction of peasant associations and kebeles.
All matters relating to land redistribution and
expropriation were removed from the jurisdiction of the
Ministry of Law and Justice and placed under the
jurisdiction of the peasant association tribunals, whose
members were elected by association members. In addition,
such tribunals had jurisdiction over a number of minor
criminal offenses, including intimidation, violation of the
privacy of domicile, and infractions of peasant association
regulations. The tribunals also had jurisdiction in disputes
involving small sums of money and in conflicts between
peasant associations, their members, and other associations.
Appeals from people's tribunals could be filed with regional
courts. Kebele tribunals had powers similar to those of
their counterparts in peasant associations.
Data as of 1991
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