PRESENTATION OF THE LEGAL DEPARTMENT OF

THE SUPREME COURT

    The organisation and functioning of the legal department are clearly laid down on the one hand in Law No 2006/015 of 29 December 2006 on Judicial organisation and on the other hand in Law NO 2006/016 of 29 December 2006 to lay down the organization and functioning of the Supreme Court.

I-  ORGANISATION OF THE LEGAL DEPARTMENT OF THE SUPREME COURT 

The Legal Department is composed of:

•  a Procureur General;
•  a Senior Advocate General;
•  Advocates General.

The Procureur General assigns Advocates General to Benches (Section 29(1) of Law No 2006/016 of 29 December 2006 to lay down the organisation and functioning of the Supreme Court).

The Procureur General’s Secretariat is composed of:

• Head of the Private Secretariat;
• Registrars;
• Secretaries;
• Support staff.

II-  FUNCTIONING OF THE LEGAL DEPARTMENT 

   Pursuant to Section 29(1) of Law No 2006/015 of 29 December 2006 on Judicial organisation, “the Legal Department ensures the enforcement of laws, regulations and Court decisions. It may, in the interest of the law, make any submissions it considers necessary before any Court.”

The Procureur General is the head of the Legal Department. The Advocates General work under his supervision, direction and control. He ensures that the law is properly applied and that general interest is safeguarded. 

Section 29 and follows of Law No 2006/016 of 29 December 2006 to lay down the organization and functioning of the Supreme Court provides as follows:

Section 29 (1): The functions of the Legal Department of the Supreme Court are performed by the Procureur General and under his authority by the Advocates General;

(2) The Procureur General shall assign the Advocates General to Benches.

Section 30 (1): If the Procureur General is unavailable, he shall be replaced by the Senior Advocate General.

(2) If the Senior Advocate General is unavailable, he shall be replaced by the Advocate General in the highest grade.

Section 31 (1): In important cases, the submissions of the Advocate General must be forwarded to the Procureur General.

(2) The Procureur General may, if he considers it appropriate, address the Court himself or appoint another Advocate General to do so.

 JUDICIAL FUNCTION 

The Judicial function of the Supreme Court are performed by the following Benches:

   *  The Judicial Bench consists of the following:

• a Civil Division;
• a Commercial Division;
• a Criminal Division;
• a Labour Division;
• a Customary Law Division and
• a Common Law Division

  *  The Administrative Bench consists of the following:

• a Division for Civil 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.

  *  The Audit Bench consists of:

• a Division in charge of controlling and ruling on accounts produced by state accountants;
• a Division in charge of controlling and ruling on accounts produced by state accountants of regional and local authorities and their public establishments, subject to the duties devolving upon lower audit Courts;
• a Division in charge of controlling and ruling on accounts produced by accountants of public establishments of State;
• a Division in charge of controlling and ruling on accounts produced by public and semi-public enterprises;
• a Review Division.

  *  Appeals in the interest of the law.

  *  Seizes the panel of Joint Benches or panel of Joint Divisions by way of submissions (art 538 CPC).

   Acting under the authority of the Procureur General, Advocates General assigned to various Benches gives legal opinions in the form of memoranda and submissions on cases referred to the Legal Department. They represent the Legal Department during court sessions;

 Advocates General are also assigned to Commissions set up at the Supreme Court.

 ADMINISTRATIVE FUNCTION

  *  The Procureur General is also responsible for the administration of the Legal Department.

  *  The Procureur General informs hierarchy of proceedings pending at the Supreme Court. He replies to mails received from the Minister of State, Minister of Justice, Keeper of the Seals.