Administrative Bench

PRESENTATION OF THE ADMINISTRATIVE BENCH

OF THE SUPREME COURT

 

      The Administrative Bench of the Supreme Court of Cameroon is established by Article 38 of the revised Constitution of January 1996.

The Administrative Bench is organised by Law No 2006/016 of 29 December 2006, to lay down the Organisation and Functioning of the Supreme Court, amended and supplemented by Law No 2017/014 of July 2017

 

I.  ORGANISATION OF THE ADMINISTRATIVE BENCH

   A.  Composition of the Administrative Bench

By virtue of Section 12 of Law No 2006/016 of 29 December 2006 (supra), the Administrative Bench consists of:

   1)  At the Bench:

  • a President;
  • Presidents of Divisions;
  • Judges of the Supreme Court;

    2)  At the Legal Department:

  • one or more Advocates General.

    3)  At the Registry:

  • a Registrar-in-Chief;
  • Registrars.

   B.  Structure of the Administrative Bench

Article 9 of Law No 2006/016 of 29 December 2006, to lay down the Organisation and Functioning of the Supreme Court, states that the Administrative Bench consists of:

  • a Division for Public Service Litigation ;
  • a Division for Land Tenure Litigation;
  • a Division for tax and financial litigation;
  • a Division for Public Contracts Litigation;
  • a Division for Nullification and Sundry Issues.

 

II.  JURISDICTION OF THE ADMINISTRATIVE BENCH

    A.  Jurisdiction of the Divisions

The Administrative Bench has jurisdiction to hear:

         a) appeals against decisions handed down in regional and council election disputes;

         b) appeals against final decisions handed down by lower administrative courts on administrative litigation;

         c) preliminary objection raised in cases of administrative trespass to property and trespass to persons;

         d) all other matters expressly devolving on it by law.

    B.  Jurisdiction of the panel of Joint Divisions

The Panel of Joint Divisions of the Administrative Bench shall be composed of the Presidents of Divisions and presided over by the President of the Bench; the panel of joint divisions has jurisdiction to hear:

      a) appeals against judgments delivered in first instance by the Administrative bench before the coming into force of Law No 2006/022 to lay down the organisation and functioning of Administrative Courts;

      b) Cases referred to it by order of the Chief Justice of the Supreme Court or by a decision of a Division;

      c) Appeals to review Judgments on the merit delivered in the following four situations;

  • In the case of personal fraud;
  • Where a judgment was delivered on the bases of documents admitted or founded after the judgment to be forged;
  • Where a party lost the case, for want of a decisive document held back by the other side;
  • Where a forfeiture decision is taken without notifying the appellant to brief Counsel or submit a request for legal aid;

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