Chief Justice's Chambers

FUNCTIONS OF THE CHIEF JUSTICE

OF THE SUPREME COURT

 

     I.   Administration of the Supreme Court

  • Assigns or places different judges to the various Benches. (Section 26 (10) Law No 2006/016 of 29 December 2006 to lay down the organisation and functioning of the Supreme Court.
  • Appoints Presidents of Divisions in the three Benches of the Supreme Court (Section 26(2) of the above mentioned law).
  • Coordinates and supervises Judges as well as Non Judicial Staff and Legal Officers working at the Supreme Court. 

II.     On applications 

  • Examines applications for stay of execution (Section 5(1) of Law No 92/008 of 14 August 1992 to lay down certain provisions for the performance of legal decisions amended by Law No 97/018 of 7 August 1997).
  • Examines applications to append the order of enforcement on foreign judgments and decisions of the Common Court of Justice and Arbitration (CCJA). (Decree of 03 December 2002 designating the authority mandated to append the order of enforcement on foreign judgments and decisions of the CCJA and arbitral judgments).
  • Examines applications to refer matters to the panel of Joint Benches of the Supreme Court by way of an order for hearing and determination (Section 131 of Law 2006/016 of 29 December 2006 above mentioned).
  • Examines applications to refer matters to the panel of Joint Divisions by way of an order for hearing and determination (Section 41 (2) of law 2006/016 above mentioned).
  • Examine all other applications provided for by the law.

III.   Particular Jurisdiction of the Chief Justice in Criminal matters

  • Rulings of forfeiture are delivered by the Chief Justice of the Supreme Court. (Section 518 (2) of the Criminal Procedure Code (CPC)).
  • Such forfeiture rulings may be set aside by the Chief Justice.
  • Delivers rulings granting legal aid at the level of the Supreme Court (Section 489 (2) of the CPC).
  • Delivers rulings transferring cases to the panel of Joint Divisions of the Judicial Bench (Section 514 (1) of the CPC).

IV.    Presiding over Court Sessions

  • Judge in charge of litigation related to the execution of judgments delivered by the Supreme Court. (Section 3 (6) of Law No 2007/001 of 19 April 2007 to institute the judge in charge of litigation related to the execution of judgments).
  • President of the Specialised Division of the Supreme Court with jurisdiction to hear appeals against judgments delivered by the Special Criminal Court and other lower courts in matters relating to misappropriation of public property and related offences (Section 13 (2) of the 2011/028 Law of 14 December 2011 to set up a Special Criminal Court, amended by Law No 2012/01 of 16 July 2012.
  • President of the Panel of Joint Benches of the Supreme Court Section 41 (1) of Law No 2006/016 of 29 December 2006 to lay down the Organization and Functioning of the Supreme Court.

 V.   Other functions

  • Convenes and presides over meetings of the Bureau of the Supreme Court (Section 21 of Law No 2006/016 of 29/12/2006 supra).
  • Convenes and presides over the General Assembly of the Supreme Court (Section 19 (1) of Law No 2006/016 of 29 December 2006).
  • Fixes the date and time of court sessions of the Supreme Court after consultation with the General Assembly (Section 23 (1) of Law No 2006/016 above mentioned).

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