PRESENTATION OF THE JUDICIAL BENCH

OF THE SUPREME COURT

    The Judicial Bench of the Supreme Court is provided for in section 38 of the Constitution.

The Judicial Bench is organised pursuant to 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 12 July 2017.

I-  ORGANISATION OF THE JUDICIAL BENCH

  A-  COMPOSITION OF THE JUDICIAL BENCH

The Judicial Bench shall comprise:  

  1. At the Bench

• a President;
• Presidents of Divisions;
• Judge.

  2. At the Legal Department

• Advocates General.
• At the Registry
• a Registrar-in-chief;
• Heads of Divisions;
• Registrars and other staff.

  3. At the Registry

• a Registrar-in-chief;
• Heads of Divisions;
• Registrars and other staff.

  B-  STRUCTURE OF THE JUDICIAL BENCH

Section 8 of 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 12 July 2017, provides that the Judicial Bench of the Supreme Court shall comprise six (06) Divisions:

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

Each Division shall comprise:

• a President
• at least two Justices of the Supreme Court;
• one or more Advocates General

(2) The panel of judges of a division must at all times be composed of an odd number of judges.

(1) The judicial officers appointed to the Common Law Division must have a sound background on the Common Law.

Following section 13 of the aforementioned law, the panel of joint divisions is composed of Division Presidents of the Judicial Bench.

II-   JURISDICTION OF THE JUDICIAL BENCH AND OF THE PANEL OF JOINT DIVISIONS

    A-  JURISDICTION OF THE JUDICIAL BENCH

Section 37 of the aforementioned law stipulates that the Judicial Bench has jurisdiction to hear and determine:

• Appeals against decisions on the merits of Courts of Appeal and Lower Courts in civil, commercial, criminal, labour, customary law and matters governed by Common law;
• Final decisions delivered by trial courts;
• Appeals against final decisions emanating from lower courts in all cases provided for by the law;
• Applications for bail in case of admissible appeal;
• All other matters expressly provided for by law;
• Appeals against decisions of the Commission for Compensation of Victims of Illegal Detention;
• Review of final decisions;

   B-  JURISDICTION OF THE PANEL OF JOINT DIVISIONS

The Panel of Joint Divisions has jurisdiction to hear:

      (a) Cases referred to it by order of the Chief Justice or by decision of a division.

      (b) It shall also hear appeals to review judgments on the merits handed down in the following four situations:

• Where there is fraud by the other side;
• Where a judgment was delivered in relation to documents admitted or found after the judgment to be forged;
• Where a party lost, 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.