By Geta Belete Shiferaw 12/10/2024

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 By Geta Belete Shiferaw 12/10/2024

History of the Ethiopian Legal System

“The history of what the law has been is necessary to the knowledge of what the
law is.”- Oliver Wendell Holmes
 Legal system can be likened to a living organism; it adapts, develops,
and changes over time, deeply intertwined with the lives of the people
it serves. This dynamic relationship means that as society evolves, so
too must the laws and regulations that govern it.
 In this context, Ethiopia exemplifies this principle, showcasing how
its legal framework reflects the cultural, social, and economic
transformations of its populace.
 pre-codification Ethiopia’s lack of formal legal system coupled with
the existence of scattered and various traditional, customary and
religious laws has contributed little to the country’s economic
development.
 The inconsistency, uncertainty, lack of structure and enforceability are
some of the reasons why religious and customary laws of Ethiopia
contributed little to the nation’s development.

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Cont.
 Some customary laws and institutions affecting the lives of millions are much
more practical and more applicable than the state made laws. However, the
critical problem inherent in \customary law is its inability to govern modern and
complex commercial transactions and public matters which are essential for
development.
 Customary laws were applied for criminal matters along with the Fetha Negest
until promulgation of the first penal code, and for civil cases until the
promulgation of the 1960 civil code. Apart from customary law, religious laws
played significant role in regulating the conduct of traditional Ethiopians. In
particular, Christianity and Islam have provided material sources for religious
and secular rules.
 Orthodox Christianity served as the state religion in Ethiopia until 1974 and
maintained a strong connection with the Church of Alexandria, which helped
link Ethiopian kings to the Mediterranean world. This relationship facilitated
the creation of the Fetha Negest, a significant compilation of religious and
secular laws. The Fetha Negest articulated the laws of the Coptic Church,
establishing the emperor as the head of the Church, with the requirement that he
be of the Ethiopian Orthodox faith.

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 By Geta Belete Shiferaw 12/10/2024

The Fewuse Menfessawi (Code of Cleansing the Spirit)

 The Fewuse Menfessawi is the first documented law compilation in

Ethiopia, initiated by Emperor Zar'a Ya'eqob during his reign from 1434
to 1468. Aiming to establish written law over oral traditions, the
Emperor tasked distinguished Ethiopian Orthodox Church scholars with
creating this code.
 The draft, submitted around 1450, was titled Fewuse Menfessawi,
referring to the remedy of the spirit, and it is mentioned in the Amharic
version of the Fetha Negest.
 The Fewuse Menfessawi primarily drew from religious precepts of the
Ethiopian Orthodox Church, governing matters that were more spiritual
than secular.
 The Fewuse Menfessawi included 62 articles focused mainly on
criminal matters. It is thought to have been in use only briefly during
Emperor Zar'a Ya'eqob's reign, as it lacked the comprehensiveness
needed to address many legal issues of the time.
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 By Geta Belete Shiferaw 12/10/2024

Fetha Negest
 Fetha Negest (the Law of the Kings) is a compilation of laws applicable in
Ethiopia since the beginning of the fifteenth century.
 It has two parts and appendix. The first part consists of 801 articles dealing with
religious matters. The second part, which consists of 1033 articles, governs a
wide range of matters, such as marriage, donation, loan, guarantee,
guardianship, sale, and so on. The appendix, which consists of thirty-six articles,
deals with the law of succession.
 Fetha Negest is a text of religious and secular rules written in Egypt in the
thirteenth century as a guide for Coptic Christians living there. The religious
content of the Fetha Negest derives from the Old and New Testaments, and its
secular content from Roman-Byzantine law sources.
 Chapter 32 of the Fetha Negest specifically addresses the regulation of slavery.
The Fetha negest, in principle, asserts that all men are born free (አጋዚያን) based
on natural law known as “በጥንተ ተፈጥሮ”, which upholds the God-given
equality of all humans.
 It is difficult to know when Fetha Negest started to be cited as an authority in the
process of adjudication of cases by courts.
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Cont.
 The formal position of the Fetha Negest as the supreme ruling law of Ethiopia
in civil and penal matters is confirmed by a law issued by Emperor Menelik II –
that allows the minister of justice must make sure that every judgment is
compatible with the Fetha Negest.
 This compiled transplanted written law was a major domestic material source
during the codification of the 1930 and 1957 penal codes and the 1960 Civil
Code as well.
 It was argued that the Fetha Negest was never consistently applied in Ethiopia;
the application of customary laws persisted despite its introduction. This was
mainly due to the availability of the code in Ge’ez language and its
inaccessibility to the majority except the highly educated.
 Fetha Negast provides us with a first example of a reception of foreign thought
in Ethiopian legal history.
 The Fetha Negest generally sought to incorporate suitable legal principles for its
time, but it lacks the systematization and characteristics of modern codes, such
as distinguishing between specific and general laws or exceptions and rules.

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 By Geta Belete Shiferaw 12/10/2024

Kibre Negest and Serate Mengist

A. Kibre Negest
 A traditional document with constitutional significance outlines the bloodline
connection between the Ethiopian monarchy and King Solomon. It establishes that
the emperor's legitimacy is rooted in this ancestral lineage, intertwining the legend
of the Solomonic dynasty with the political and religious needs of the time. To claim
the throne, one must fulfill two principles: dynastic claim and unwavering loyalty to
the Orthodox Christian faith. This dynastic claim was formally recognized in the
1955 Constitution of Ethiopia. The monarchy's legitimacy is tied to the belief in an
unbroken descent from the union of King Solomon and the Queen of Sheba, which
some scholars argue has been crucial for the stability of the Ethiopian empire-state.
B. Serate Mengist
The document provides administrative and protocol guidelines essential for
the administration of justice. It serves as a ceremonial protocol to be
referenced for various occasions, detailing events such as the king's
coronation, the queen's naming ceremony, and the appointment of officials.
It also includes church ceremonies and rank hierarchies. While it addresses
legal matters concerning conflicts between laity and the church, as well as
divorce, its main purpose is to guide court and state affairs.
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 By Geta Belete Shiferaw 12/10/2024

Laws During Emperor Menelik

 Emperor Menelik II deserves recognition not only for modernizing the
Ethiopian administrative system but also for his significant role in shaping the
country's legislative future.
 Menilik II made efforts to inform the public about the laws he issued by having
them read aloud in public places such as churches and markets. This practice is
supported by numerous letters he wrote to his officials regarding the
dissemination of laws. For example,
To Ras Bitwaded Mengesha.
“I have hereby sent you a Proclamation (Awaj) letter. Make pronouncement of the
same in market places and urban centers. Written at Addis Ababa on 22nd January
1908.”
 Countless letters from Emperor Menelik have been documented, addressing
various issues related to governance. Most of these letters consist of directives
instructing local officials on the administration of their respective provinces.
These communications functioned effectively as a form of law, providing
guidelines and regulations that shaped local governance and ensured the
implementation of the Emperor's policies throughout the empire.
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Cont.
 From 1878 to 1883, Emperor Menelik communicated with European leaders,
including Queen Victoria, expressing his commitment to abolishing slavery and
reiterating his anti-slavery stance. He also requested support for weapons to
help protect and develop his country while pursuing the abolition of slavery.
 In April 1889, Emperor Menelik issued a decree that formally abolished slavery
but exempted war captives, who were deemed slaves without rights and
required to serve for seven years.
 On May 2, 1889, Menelik signed the Treaty of Wuchale with Italy, which
included an article that abolished the slave trade but did not eliminate slavery
itself.
 In 1907 Emperor Menelik II established the first eight Ministries and defined
their power by their respective statutes. For example, For instance the powers
and responsibilities of the Minister of Justice, the Ministry of Interior, and the
Ministry of War were defined by the statute creating them. However, the
manner of promulgation of proclamations was through oral pronouncement.
Task for Students: Conduct a search on the letters of Emperor Menelik to his local
governors and ministers, including his war mobilization proclamation, and analyze
them from the perspectives of major legal theories. 9
 By Geta Belete Shiferaw 12/10/2024

Cont.

 Before the establishment of Negarit Gazeta in 1942, laws were made public
through various mechanisms. Menelik II utilized methods such as:
1. Public Proclamations- Laws and decrees were announced in markets and
public spaces.
2. Drum Beats- the Negarit (war drum) was used to signal the reading of
proclamations, drawing attention to the announcements.
3. Criers- Designated individuals would read proclamations aloud, often
standing on elevated platforms to be visible to the crowd.
4. Ceremonial Instruments- Instruments like the Meleket horn were played to
accompany important announcements, enhancing their significance.
Before 1942, under Haile Selassie, laws were published in unofficial newspapers
like Aemiro and Berhanena Selam. On March 30, 1942, the Negarit Gazetta was
established as the official journal for publishing laws (Establishment of the Negarit
Gazetta No. 1 of 1942).

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Cont.
o From the establishment of the Negarit Gazetta, all types of laws began
numbering from 1 and continued consecutively. Each year's proclamations
followed the numbering from the previous year's last proclamation, a practice
that applied to all legislation until September 11, 1974.
o From September 12, 1974, all types of laws began again from number 1 with the
start of each new Ethiopian calendar year. The first law issued by the Provisional
Military Government of Socialist Ethiopia was designated Proclamation No.
1/1974, and this numbering system applied to all other types of legislation as
well.
What were the legal Reforms Made during the Reign of Lij Eyasu?
o Before Lij Iyasu, the Ethiopian justice system was decentralized and lacked
standardization, leading to inconsistent rulings. Lij Iyasu recognized the
importance of modernizing the police force as part of his broader modernization
efforts. He aimed to address the decentralization and inefficiencies of the existing
police system by introducing reforms to professionalize and centralize police
operations, ensuring a more cohesive law enforcement structure. ( Read ብላታ
መርስዔ ኀዘን ወልደ ቂርቆስ፣ቀዳማዊ ኃይለ ሥላሴ 1922 – 1927)
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Legislations From 1917 to 1931 Constitution

 During Empress Zewditu's reign, most laws were issued in the names of both
the Empress and Crown Prince Ras Tefferi Mekonnen with the exception of the
regulations issued in 1918, concerning her Advisory Council, and the Addis
Ababa Municipality Land Ownership Notice from issued in1921.
During this period, the following laws were issued
o The law on loans of 1924

o The Decree on Concessions - 1928

o The Ethiopian Nationality Law- 1930

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 By Geta Belete Shiferaw 12/10/2024

Original Amharic Version of the 1923 anti slavery law Issued by Empress Zewditu and Ras
Tafari (As Regent of the Ethiopian government)

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 By Geta Belete Shiferaw 12/10/2024

The 1930 Nationality Act of Ethiopia (Amharic Version)

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The Development of Criminal Law in Ethiopia

 The modernization of law, particularly in criminal law, has progressed
more significantly than in other areas.
 Criminal law represents the state's most invasive form of coercion into
individuals' private lives, necessitating justification for its creation and
enforcement. Historically, criminal law was associated with natural law
theory, which viewed crime as a sin, and punishment was seen as a
means of atonement.
 The initiative for written criminal law started in the 15th century with
Emperor Zar’a Ya’equob's goal of establishing a formal legal
framework. He tasked scholars from the Ethiopian Orthodox Church
with drafting this law, resulting in the Fewuse Menfessawi, or Canonical
Penance, which comprised 62 articles addressing various criminal
issues.
 However, it failed to address all the legal challenges of its time, leading
the emperor to later codify the Feteha Negest. This code is regarded as
one of the earliest legislative attempts to incorporate fundamental
principles of criminal law.
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 By Geta Belete Shiferaw 12/10/2024

The 1930 Penal Code

 Ethiopia's first modern codification in penal law occurred with the 1930 Penal
Code, recognized as the first formal criminal law established by the Emperor.
The Preface indicates that under the Fetha Negest, judges would refer guilty
verdicts to the governor for sentencing. The Penal Code was designed to clearly
define criminal rules, specifying both prohibited actions and their consequences.
 To uphold the legitimacy of state law, the 1930 Penal Code was framed as a
continuation of the Fetha Negest in two ways: it explicitly stated that it revised
the Fetha Negest, and its interpretation methods adhered to the dual
interpretation techniques used in the Fetha Negest. However, there is a
significant difference in content: the Fetha Negest aimed to enforce religious
morality, whereas the Penal Code was designed to uphold state public morality.
 The Penal Code included a preamble with 22 paragraphs outlining its spirit,
scope, and objectives. It was divided into two parts (general and special) and
contained a total of 487 articles.
 The sources of the Penal Code were the Fetha Negest, the Siamese Penal Code,
and the French Indochina Penal Code.

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Cont.
 Inspired by the Fetha Negest and various foreign legal systems, the 1930 Penal
Code introduced several fundamental concepts of criminal law.
1. The code defined specific crimes and their associated punishments while also
protecting the interests of individuals, property, the state, and the community.
2. The Penal Code introduced the concept of petty offenses and established more
lenient penalties for these minor crimes.
3. Mutilation as a form of punishment was completely abolished, and practices of
talion (punishment equivalent to the offense) were eliminated.
4. The code introduced the modern principle of criminal justice by ensuring that
penalties were proportional to factors such as the nature of the offense, as well
as the defendant's rank, profession, and economic status.
 After 26 years, it was found evident that the first Penal Code was short of
serving the growing needs of the country. The need for a more comprehensive
penal code to meet the growing needs of modern Ethiopia was understood
which results the birth of the 1957 penal code of Ethiopia.

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 By Geta Belete Shiferaw 12/10/2024

The 1957 Penal Code

 Professor Jean Graven was commissioned to draft such a penal code. Work begun in
1954 and the preliminary French draft was presented to the Codification
Commission composed of Ethiopians and foreigners.
 After discussion and modification the draft was translated to English and presented
to Parliament and then to the Emperor for approval. The Code that was promulgated
on July 23, 1957 came into force on May 5, 1958.
 In the codification process, Graven drew upon a variety of contemporary sources,
with the primary influences being the Swiss Penal Code of 1937 and Swiss legal
precedents established prior to 1957.
 He also referenced the French Penal Code of 1810 for its general structure, as well
as the Yugoslav Penal Code of 1951 concerning military offenses. Additionally, he
drew from the legal codes of several countries, including Poland, Norway, Spain,
Portugal, Denmark, West Germany, Brazil, the Netherlands, Greece, and Italy.
Furthermore, various international conventions, such as certain provisions from the
Universal Declaration of Human Rights (UDHR) and the Geneva Conventions of the
Red Cross, were also incorporated into the code.
 The 1957 Penal Code highlighted several fundamental principles of criminal law,
notably the concepts of intention and negligence. These principles were crucial in
determining penalties based on the severity of the offense. The code also prioritized
the individualization of punishment, ensuring that each case was evaluated on its
specific circumstances.

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Cont.
 It considered the distribution of guilt in instances of group conflicts and
emphasized the significance of forgiveness and the potential for
offenders to achieve redemption. Together, these elements sought to
establish a more balanced and equitable legal system.
 A novel concept focused on crime prevention and the rehabilitation of
offenders was introduced. In contrast to earlier laws that emphasized
retribution, the new code aimed to prevent crimes and facilitate the
rehabilitation of criminals.
 The 1957 code introduced probation and the suspension of sentences.
 Retribution and deterrence seem to dominate penal philosophy in the
1957 penal code. Example, flogging as is stipulated under article 120
 Flogging is applicable only to men and physically fit adults of eighteen
to fifty years of age under the supervision of a physician.
Recommended Reading
1. Peter L. Strauss, On interpreting the Ethiopian Penal Code
2. Philippe Graven, An introduction to the Ethiopian Penal Law
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Cont.
What was the status of Penal Code during the Dergue Regime?
With the rise of the Dergue government, the 1957 Penal Code was amended to
incorporate the death penalty for anti-revolutionary activities, aligning the penal
law with socialist ideology.
The Special Penal Code Proclamation No 8 of 1974 was enacted during the dergue
regime.
Article 12 of the Special Penal Code Proclamation No. 8 of 1974 states that a
government employee can be punished for breach of trust if the public prosecutor
proves they were entrusted with public property and unlawfully appropriated or
alienated it for personal gain or that of a third party.
However, since the Public Prosecutor would not be able to prove all the elements
constituting the crime as stated above, the Provisional Military Administration
Council (PMAC) amended the provision subsequently and later the Special Penal
Code and Special Criminal Procedure Code Proclamations Amendment
Proclamation No 96/1976 was enacted.

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The Criminal Code of Ethiopia- Proc. No. 414/2004

Article 55 (5) of FDRE Constitution vests the power to enact penal code in the
Federal Government. As a result, the Ethiopian parliament enacted a Criminal Code,
in accordance with article 55(5) of the Constitution which is the third independent
Criminal Code of Ethiopia.
What necessitated revision?
 The revision was also intended to make the criminal code compatible with the
Federal Constitution.
 The need to criminalize certain conducts- For example, the 1957 Penal Code did
not deal with hijacking and computer crimes; nor did it deal with certain aspects
of environmental crimes.
 There were many legal provisions under the 1957 Penal Code which needed
amendment for various reasons. For instance, the provisions of the 1957 Penal
Code were too inadequate in relation to crimes like rape and homicide by
negligence to achieve the purposes of the current criminal law.
 To repeal certain provisions of the 1957 Penal Code because of their
obsolescence. For instance, under the 1957 Penal Code flogging was recognized
as one of the penalties to be imposed. But this practice could no longer be
maintained because it is archaic and also unconstitutional. 21
 By Geta Belete Shiferaw 12/10/2024

Epoch of Written Constitution

What is constitution? Is it a legal document or political document ? What is meant
by a written constitution?
 A Constitution is the fundamental or basic law of a state, which sets out the
structure of the state and outlines the rights of citizens alongside the limits on
the exercise of a government. It is a blueprint placed on top of the hierarchy of
laws in constitutional governments.
 A constitution may be said to be a collection of principles according to which
the powers of the government, the rights of the governed, and the relation
between the two are adjusted.
 Constitution is a body of laws and rules which:

 Define how the government is organized and how powers and functions are
allocated to different government entities.
 Govern the interactions between individuals and the state based on general
principles guiding the exercise of these powers.

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The need to have modern and written Law

 After Japan's victory over the Russian Empire in 1905, Ethiopian
intellectuals and the Emperor became increasingly interested in
Japan, particularly its rapid transformation from a feudal state to
an industrial power during the Meiji Restoration of 1868. This
success of a non-Western nation in embracing Western-style
modernization inspired Ethiopians to learn from Japan's
experience.
 Among the Ethiopian intellectuals looking to learn from Japan,
Hiruy Welde Sellase wrote a book titled Mahidere Birihan -
Hagere Japan (ማኅደረ ብርሃን-ሀገረ ጃፓን), highlighting the importance
of drawing lessons from Japan. Hiruy was a prominent writer and
political figure, serving in key roles within Haile Selassie’s
administration, including as Foreign Minister.

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Hiruy Woldesellasie in Japan

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Cont.
 The influence of Japan on Ethiopian intellectuals was significant, leading early
20th-century reformists to be referred to as Japanizers. These reformists viewed
Japan's model of state centralization, which enhanced Emperor Meiji's power
and diminished the authority of feudal lords, as a valuable example for Ethiopia
to follow.
 Kebede Mikeal later authored a book titled ጃፓን እንደምን ሰለጠነች? Like Heruy
Welde Sellase, Kebede was a respected writer and held a prominent position in
Haile Selassie’s government. Both emphasized the similarities between Ethiopia
and Japan and advocated for learning from Japan to achieve a Western-style
modernization suited to Ethiopia’s unique history and culture.
 For these young, educated Ethiopians, Japanization represented a strategy to
address the issue of underdevelopment. Japan's swift modernization had ensured
its peace, prosperity, and independence, highlighting the urgent need for
Ethiopia to overcome its backwardness, which posed a threat to its survival.
Recommended Reading:

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The 1931 Constitution of Ethiopia

 Empress Zewditu, apparently rejected a constitution drafted by one of Haile
Selassie’s officials, fearing that it would diminish her authority and dignity.
 After her death, Ethiopia’s first non-traditional constitution was pro-mulgated in
1931. It was based on the 1889 Japanese (Meiji) constitution, which had, in
turn, been influenced heavily by the 1871 German constitution.
 Emperor Haile Selassie emphasized the importance of written law on July 16,
1931, stating that laws provide significant benefits to humanity and that people's
honor and interests rely on the wisdom of these laws, while their absence or
inadequacy leads to humiliation, shame, injustice, and loss of rights.
 Emperor Haile Selassie ordered TekleHawariat, a Russian-educated intellectual,
to draft a constitution for Ethiopia. Tekle Hawariat reviewed copies of the
constitutions of England, Germany, Italy, and Japan to assess their relevance for
Ethiopia. In drafting the constitution, Tekle Hawariat, was primarily motivated
by two concerns: preserving royal authority to prevent disunity during
succession crises, reflecting the Meiji perspective on the Emperor’s sacred
status, and creating a legal framework to safeguard individual rights.
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Cont.
 He believed this would empower citizens to pursue secular education and
participate more actively in public life, thereby transforming them from subjects
into citizens and influencing Ethiopia's political future.
 Haile Selassie and his advisers, mainly Heruy and Ras Kassa Hailu, changed the
draft Tekle-Hawariat presented in order to emphasize the unlim ited—indeed,
the sacred—authority of the emperor. On July 16, 1931, amid a big ceremony,
the new constitution was declared.
 The Ethiopian Constitution of 1931 drew important concepts from the Meiji
Constitution, focusing on consolidating power in the Emperor's hands and
introducing Western ideas of the nation-state and law.

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Cont.
While the Meiji Constitution and the Ethiopian Constitution of 1931 share
similarities, notable differences exist.
1. The Meiji Constitution permitted the Japanese people to elect members
of the House of Representatives, promoting direct democratic
participation. In contrast, the Ethiopian Constitution mandated that
members of the Chamber of Deputies be selected by dignitaries and
local chiefs, delaying popular elections until the populace was
considered capable of participating. This difference highlights varying
approaches to democracy in Japan and Ethiopia during that period.
2. Both the Meiji Constitution and the Ethiopian Constitution of 1931
aimed to consolidate imperial power and adopt Western constitutional
principles to reduce regional authority and the influence of traditional
nobility. However, the Meiji Constitution was more effective in curbing
noble power, notably through the abolition of feudal land ownership. In
Ethiopia, significant land reforms were not enacted during the Haile
Selassie regime but occurred later, after the Soviet-Derg Revolution in
1974.

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Cont.
The emperor's introduction of the constitution served two primary purposes:
1. International Image of Modernity-
 The constitution aimed to project Ethiopia as a modern state to the global
community, aligning with contemporary political ideals and practices.
 The 1931 constitution is result of growing interactions between Ethiopia and
western Europe. These interactions revealed Ethiopia's backwardness and
whetted its appetite for modernization. Thus, written constitution manifested a
policy decision at the highest level for Ethiopia to become a modern state.
 Years earlier, Ethiopia had joined the League of Nations over objection that she
was not civilized enough in joining the League. Ethiopia had agreed to accept
period advice the League offered regarding the condition of her subjects.
Accordingly, Ethiopia wanted to convince the world that she was modernizing
and taking her place among the civilized states by having a written constitution.
2. Centralization of Power-
It sought to reinforce and centralize the emperor's absolute authority by
diminishing the power of regional feudal rulers, thereby consolidating control over
the entire nation. 29
 By Geta Belete Shiferaw 12/10/2024

Cont.
Generally, the development of the 1931 constitution was influenced by both internal and
external factors. Externally, it stemmed from increased interactions between Ethiopia
and Western European nations, as the country sought to join the League of Nations and
project a modern image. However, the constitution ultimately did not fulfill the
emperor's external objectives as intended.
What were the reasons for the constitution's failure to achieve the emperor's external
objectives as intended?

What important underlying changes did the 1931 written constitution bring
about in the constitutional process?
The 1931 constitution laid the groundwork for experimenting with modern governance
practices in Ethiopia by introducing several key elements:
A. Parliamentary System- It established a bicameral legislature consisting of the
Chamber of the Senate (Yehiig Mewesegna Meker Bet) and the Chamber of
Deputies (Yehig Memeria Meker Bet).
B. Ministerial System- The constitution provided a framework for a ministerial system
to organize the executive branch.
C. Annual Budget- It introduced the concept of a fixed annual budget for government
operations.
D. Judicial Branches- The constitution established two distinct court systems for civil
and criminal matters.
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The 1955 Constitution

Task: Identify the limitations in the provisions of the 1931 Constitution after thoroughly
reviewing its contents.
After 24 years of experimentation, the 1931 Constitution was revised for the
following reasons.
1. Federation with Eritrea- The federation of Eritrea with Ethiopia in 1952
necessitated a revision of the Ethiopian Constitution, as Eritrea had its own
constitution that included democratic elements. For the federation to function
effectively, the Ethiopian Constitution needed to be adjusted to reflect these
democratic ideals.
2. Socio-Economic Changes- Over the 24 years of the emperor's rule, Ethiopia
experienced significant economic and social changes, such as improved ties
with the outside world, membership in the United Nations, signs of
modernization, increased movement of people, and the development of
commerce. These developments compelled the emperor to reconsider the
Constitution.
3. Pressure from Educated Ethiopians- There was pressure from educated
Ethiopians, particularly those who had studied abroad, who were advocating
for constitutional revisions to incorporate democratic principles. 31
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Cont.
 The revised constitution mirrors many contemporary constitutions, featuring an
emotional political manifesto in the preamble, a government organizational chart
(Articles 1-36, 66-121), and an impressive list of individual political rights (Articles
37-65).
 It asserts that the constitution serves as the political cornerstone, the supreme law,
and the foundation for all subsequent legislation, emphasizing its permanence and
sanctity (Articles 122, 131).
 The formal structure of government is rooted not in the Westminster model, which
was directly transferred to the "new" Commonwealth states, but in historical English
patterns that reflect a gradual devolution of authority from monarchs to parliaments
and ministers.
 The 1955 constitution theoretically establishes a two-way communication channel
between the emperor and parliament, facilitated by the prime minister. Many key
concepts in the constitution, especially the civil rights provisions, are inspired by the
American experience and, to a lesser extent, the Universal Declaration of Human
Rights.
 Both the 1955 and 1931 Constitutions affirmed Solomonic values and aimed to
legitimize Selassie's reign to domestic and international audiences. While the 1931
Constitution sought to support an application to join the League of Nations, the
1955 Constitution, particularly Articles 1 and 26, aimed to mitigate international
criticism regarding the integration of federated Eritrea into a unitary empire.

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Changes Introduced by the Revised Constitution

1. Function of Parliament- Under the Revised Constitution, Parliament's legislative
role is more empowered compared to the previous constitution. Article 86(b) allows
laws to be proposed by ten or more members from either chamber. Additionally,
each chamber can now establish its own rules of procedure and internal discipline.
2. The Judiciary-The 1955 Revised Constitution enhanced the independence of the
judiciary. It granted 'judicial power' to the courts and stipulated that they should not
be subordinate to any authority other than the law. Additionally, it required the
courts to conduct trials independently and to make decisions 'in accordance with the
law. See article 108
3. The Minister-The Constitution requires the Prime Minister to serve as an
intermediary between the Emperor and Parliament, presenting legislative proposals
from the Council of Ministers approved by the Emperor. Ministers, including the
Prime Minister, have the right to attend and speak in Parliament and must attend if
requested to answer questions regarding their offices and proposed legislation (See
Articles 72, 73).
4. Separation of Powers- The principles of separation of powers and checks and
balances among the three branches of government are more thoroughly detailed in
the 1955 Constitution compared to Ethiopia's first Constitution. 33
 By Geta Belete Shiferaw 12/10/2024

Cont.
5. Recognition of religious freedom
 Unlike the 1931 constitution, the 1955 constitution included several provisions
that guaranteed freedoms to citizens, notably freedom of religion, as outlined in
Articles 37 to 64.
 The 1955 constitution also expressly proclaimed that the Ethiopian Orthodox
Church is the official established state religion. Article 126 of the constitution
declaring the Orthodox Church a state religion. It reads as: The Ethiopian
Orthodox Church, founded in the fourth century, on the doctrines of St. Mark, is
the Established Church of the Empire and is, as such, supported by the State.
The Emperor shall always profess the Ethiopian Orthodox Faith. The name of
the Emperor shall be mentioned in all religious services.
6. Principle of public- According to Articles 113 to 121 regarding finance, all
forms of taxation, including any increases or exemptions, must be established by
law. Parliament has the power to examine and vote on the budget, although it
cannot increase expenditures but can modify allowances for unforeseen expenses.
An Auditor-General, appointed by the Emperor, is responsible for submitting
reports on the government's fiscal operations to both the Emperor and Parliament.
7. Incorporation of rights of citizen to form association- article 47

34
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Cont.

Limitations of the 1955 Revised Constitution

 Other faiths were not constitutionally recognized as churches, but were at least
free to exercise the rites of their religion
 It gave little room for legal pluralism despite the fact the fact that Ethiopia is a
land of multicultural society.
 Concepts like sovereignty of the people, rule of law, good governance and
secularism were not introduced.
 The Emperor's involvement in the appointment of archbishops and bishops of
the Ethiopian Orthodox Church, as he is entitled to approve these elections
according to Article 27, contradicts the principle of secularism.
 Article 62(a) of the Ethiopian Constitution states that no one has the right to
bring a lawsuit against the Emperor. This broad immunity from legal action may
encompass both criminal and civil liability, effectively allowing the Emperor to
avoid accountability for his actions.
 There is no express provision for judicial review

35
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Cont.
Forms and Hierarchy of Law During Hailesellasie Regime
1. Proclamation- The Ethiopian bicameral Parliament has broad legislative powers,
with a Senate appointed by the Emperor for six-year terms and a Chamber of
Deputies elected by universal suffrage for four-year terms. Both houses must
approve a proposal, which is then sent to the Emperor for approval; if approved, it
becomes a Proclamation. The Parliament and Emperor share veto power over
Proclamations.
2. Decree- According to Article 92 of the Revised Constitution of 1955, in
emergencies when the Parliament is not in session, the Emperor can enact laws
called Decrees. These Decrees must be submitted to Parliament upon its next
convening, where both chambers can repeal them by majority vote through a
process known as a Notice of Disapproval, granting Parliament potential veto
power over executive Decrees.
3. Orders- The Emperor has constitutional prerogatives to determine the organization,
powers, and duties of all ministries and executive departments, as well as the
administration of the government. When the Emperor exercises this authority, it
results in what is known as an Order. Unlike Decrees, Parliament has no veto
power over these executive Orders.
4. Legal Notice- A Proclamation, Decree, or Order can authorize a Minister or other
government authority to issue rules and regulations. This delegated form of law is
referred to as a Legal Notice.

36
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Cont.
5. International Laws- Under Article 30 of the 1955 Constitution, the Emperor
alone has the supreme direction over the foreign affairs of the Empire. However,
certain Treaties and International Agreements—such as those related to peace,
involving loans, or modifying legislation—must be approved by a majority vote of
both chambers of Parliament, in addition to the Emperor, before they can become
legally effective as a Proclamation.
6. Local Laws- This local government has limited power to enact laws, primarily
concerning traffic offenses. These municipal laws are typically issued as Legal
Notices, which are then forwarded to the Mayor and must be approved before they
take effect.

37
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Cont.
Checks and Balances
The Revised Constitution of 1955 expressly incorporates a built-in concept of
checks and balances between the various branches of the Ethiopian government.
For example:
1. A Proclamation passed by both Chambers of the Parliament can never become
law unless it receives the express approval of the Emperor;
2. A joint session of Parliament may not hold the order of the Emperor to the end
of the year;
3. The system of checks and balances is not helpful in the event of a minority
government;
4. Most Treaties and International Agreements with foreign states require the
approval of the Emperor;
5. The branch of the government may undertake a loan or pledge the credit of
Ethiopia without the approval of Parliament;
6. While the Emperor may issue an order of any kind creating a new government,
all dismissed persons are subject to be reassigned or dismissed in his sole
discretion. 38
 By Geta Belete Shiferaw 12/10/2024

The 1987 Constitution

After the collapse of the imperial regime, the Derg established a temporary government
known as the Provisional Military Administrative Council (PMAC). They suspended
the 1955 constitution and governed the country through various decrees and
proclamations until the 1987 constitution was enacted.
 The 1987 constitution led to the formation of a government officially named the
People's Democratic Republic of Ethiopia (PDRE).
 The Constitution was an abridged version of the 1977 Soviet Constitution, with two
exceptions: It conferred vast powers on the country’s President, and it declared the
country to be a unitary multi-ethnic state rather than a federation.
Structure of the 1987 Constitution
The Constitution comprised a preamble and four parts, totaling 119 articles:
Part One- Articles 1- 30
 Outlined the political and economic system in Ethiopia, including its unitary state
structure, the delegation of state power to the working people, and the role of state
organs and party politics.
 It also granted the state` authority to intervene in the national economy.
Part Two- Articles 31- 58
 Citizenship
 Fundamental freedoms, rights, and duties of citizens
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Cont.
Part Three
o Described the structure and functions of state institutions, including the Parliament,
the Council of State, the Council of Ministers, the bureaucracy and the Courts.
o It established a unicameral Parliament known as the National Shengo, which served
as the supreme organ of the state.
o The Secretary General of the single party held multiple roles, including Executive
President of the Republic, President of the Council of State, Chairman of the
National Shengo, and Commander-in-Chief of the Armed Forces.
Part Four - Contained general provisions such as specifications for the national flag,
anthem, and language, legal forces and amendment of the constitution.
Features of the 1978 Constitution
1. Recognition of Secularism and freedom of religion-
 The 1987 Constitution established the principle of secularism in the nation, ensuring
freedom of conscience and religion while emphasizing the separation of state and
religion as a fundamental principle. Article 46
 It recognized diverse cultural identities and affirmed the equality of Nations and
Nationalities. Article 2( 2)
40
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Cont.
2. The establishment of an elected government for the first time.
 It was founded on Marxist and Leninist principles.
 Its goal was to empower the populace by facilitating the exercise of their
rights at electoral, local, and national levels.
 A party system was introduced that acknowledged the workers' party of
Ethiopia, shifting from a single-party structure to a multi-party
framework. Article 6
3. Acknowledgment of the right to work, rest, and access healthcare-
Article 39(1) of the constitution The right of working people to rest is
guaranteed, ensuring employees can take breaks and time off, which is
essential for their physical and mental well-being and supports
productivity and health.
4. Recognition of children rights- Article 37 (2) states that children,
regardless of whether they are born in or out of wedlock, have equal rights.
5. Women's equality was recognized, and marriage without consent was
banned- Article 37 (1) of the constitution states that Marriage is based on
the consent of an adult man and woman, who share equal rights in their
family relationships, and is protected by the state.
41
 By Geta Belete Shiferaw 12/10/2024

The Transitional Period Charter (1991-1995)

 After the fall of the Dergue (PDRE), Ethiopia entered a phase known as the
Transitional Period which ended on August 21, 1995. During this time, the
country was governed by the "Transitional Period Charter of Ethiopia.
 This charter outlined key principles and laws, functioning as the highest legal
authority in place of a formal constitution. It was developed and announced
during the peace and democratic conference held in Addis Ababa from July 1 to
5, 1991, where various ethnic-based political parties were invited to represent
the interests of their respective groups.
What were the major Aims of the Transitional Government Charter?
As can be seen from the preambles of the charter, the followings are the major aims
of the transitional government charter.
 Overthrow the previous dictatorial regime in Ethiopia.
 Create conditions for building a democratic administration.
 Promote equality and freedom, allowing nations and nationalities the right to
self-determination, including secession.
 Foster peaceful relations with neighboring countries.
 Establish a government accountable to the people through free and fair
elections.
42
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Cont.
The charter recognized various human rights, including the right of ethnic groups to
self-determination and independence if their rights were denied or violated.
The FDRE Constitution of 1995
 The creation of the 1995 Constitution was mainly directed by the Transitional
Charter, which stipulates that the Council of Representatives will form a
Constitutional Commission to draft the constitution. The Constitutional
Commission was legally established by Proclamation No. 24/1992, known as
the Constitutional Commission Establishment Proclamation.This commission is
responsible for submitting the draft to the Council of Representatives. Article 11
of the Transitional Charter
 Once the Council of Representatives adopts the draft constitution, it will
be presented to the public for discussion. The final version will then be
submitted for approval by a constituent assembly, which will be elected
according to the new constitution's provisions. Article 12 of the
Transitional Charter
 In December 1994, the constituent assembly adopted the draft constitution, which
was passed by the Council of Representatives of the Transitional Government. On
August 21, 1995, the Transitional Period Charter was replaced by a permanent
constitution establishing the Federal Democratic Republic of Ethiopia (FDRE)
based on ethnic federalism.

43
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Contents of the FDRE Constitution

 The Constitution acknowledges the equality of all languages while designating
Amharic as the working language of the Federal Government (Article 5).
 It established ethnic sovereignty, constitutionalism, constitutional supremacy,
secularism, and government transparency and accountability as fundamental
pillars of the constitutional system (Articles 8-12).
 Human rights and democratic rights are broadly recognized in Articles 13-44.
 It established a federal political system comprising nine units and an
autonomous city administration for the federal capital (Articles 46-52).
 It established a parliamentary system of government (Articles 45; 53-68).
 It created a dominant executive branch consisting of a Prime Minister, a
Council of Ministers, and various Ministries, operating under a sovereign
parliament, with a President primarily serving a ceremonial role (Articles 69-
77).
 A non-legislative upper house, known as the House of Federation, was
established to oversee constitutional interpretation, supported by a
Constitutional Inquiry Council (Articles 62; 82-84).

44
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Cont.
 A three-tiered, dual system of federal and state judiciaries was established
(Articles 78-81).
 Articles 85-92 include a set of policy objectives and directive principles that act
as the guiding conscience of the system.
 Non-partisan institutions such as the Auditor General (Article 101), the National
Election Board (Article 102), and the Population and Census Commission
(Article 103) were established.
 Provisions regarding emergency powers (Article 93), financial management,
expenditure and revenue responsibilities (Articles 94-100), and amendments
(Articles 104-105) were included.
Question: One of the nature of a constitution is characterized by its permanency,
emphasizing stability and long-term governance, in contrast to the temporary and
often changing nature of other laws. How do you view the nature of a constitution,
which is designed to be stable and permanent, in relation to the Ethiopian
Constitution that has undergone four changes since 1931?

45
 By Geta Belete Shiferaw 12/10/2024

The 1950s Codification in Ethiopia

 Until the 1950s, Ethiopia's legal framework was an ambiguous blend of statutes
and decrees, mainly in public law, alongside a Penal Code established in 1930;
however, the predominant source of rules governing social relations was the
customs and traditions of various tribal, ethnic, and religious groups.
 In the period between 1955 and 1965 Ethiopia undertook the codification of its
laws. The codes that were adopted are: the Civil Code (1960), Commercial
Code (1960), Maritime Code (1960), Civil Procedure Code (1965), Penal Code
(1957) and Criminal Procedure Code (1961).
 Starting in 1955, Ethiopia began enacting modern laws to facilitate its progress
toward modernity. Under Haile Selassie's regime, a revised Constitution was
implemented in 1955, followed by a Penal Code in 1957 and Civil,
Commercial, and Maritime Codes in 1960, along with procedural codes
thereafter. These laws, primarily drafted by foreigners, reflected the legal
systems of their respective countries. This era introduced legal pluralism,
blending Northern values and religion with European influences through these
significant reforms. How can the period from 1955 to 1965 be characterized as
revolutionary within the context of Ethiopian legal history? What justifications
support this assertion?

46
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Cont.
The period was characterized as revolutionary for two reasons:
1. It introduced Western legal values into significant areas of social life,
transforming the relationship between formal and customary laws in unprecedented
ways.
2. The codifiers failed to review existing written sources on customary legal
systems and did not promote systematic studies to improve the limited information
available.
The codification process in Ethiopia was driven by the Emperor's ambition for
modernization. In the preface to the Civil Code, he emphasized that the progress
made by Ethiopia necessitated the modernization of its legal framework to support
the empire's social structure. He stated that to consolidate existing advancements
and promote further growth and development, it was essential to establish precise
and detailed legal rules.

47
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Why Ethiopia decided to codify its laws?

 The decision to codify was apparently based on the belief that codification by
itself represented progress. Rene David, the drafter of the Civil code stated that
“the advanced legal systems that do not have codified laws have various things
that compensate for the absence of a code ranging from many written laws that
are not named codes, well-developed jurisprudence articulated by highly
competent judiciary that is available in various digests. Ethiopia in late 1960s
had nothing of this sort and the only way to mitigate arbitrariness was to codify
laws.”
 The codification approach was particularly advantageous for Ethiopians, as it
resonated with their legal tradition rooted in the ancient, albeit outdated, Fetha
Nagast.
 The modernization of Ethiopia required the adoption of “ready-made” system as
Ethiopia had no luxury of waiting for three to five hundred years to slowly
develop its laws from practice relying on empirical experience.
 What was needed in Ethiopia was ensuring minimum security in legal relations
as quickly as possible. Hence, codification was progress by itself in the
Ethiopian context.
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Who were the experts chosen?.

1. Civil Code and Civil Procedure Code Professor Rene David, Professor of
Comparative Law at the University of Paris;
2. Penal Code and Criminal Procedure Code, Professor Jean Graven of the
University of Geneva;
3. Maritime and Commercial Codes, Professor Jean Escarra of the University of
Paris.
4. The Criminal Procedure Code was drafted by Sir Charles Mathew, a Brit who
was a judge in Ethiopia at the time. This Code was modelled after Malayan
Criminal Procedure Code.
There were however changes in the process. Thus for example, Professor David did
not draft the Civil Procedure Code. Similarly, the Criminal Procedure Code was not
drafted by Professor Graven. Professor Escarra died before he could complete the
drafting to the Commercial Code thus Professor Jauffret had to finalize the drafting
of the Code.

49
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Influences- Common Law or Civil Law?

 The substantive laws adopted in Ethiopia primarily adhered to civil law legal
principles. For instance, while drafting the Civil Code, French law exerted the
most significant influence,, although various other jurisdictions were also
consulted.
 Relevant laws from some common law jurisdictions, such as India and England,
as well as the Restatement of American Laws, were taken into account, though
their impact was less significant compared to that of the civil Law jurisdictions.
For instance, some provisions of the civil code governing tort law were taken
from the English laws. In this regard Krzeczunowicz wrote, ‘apart from the
half dozen Romanistic legal systems (including the Egyptian one) inspiring our
codifiers, one also finds borrowings from the common law; the extra-
contractual liability chapter clearly reflects influences of both English and
American law’
 The British company law of 1948 has influenced certain aspects of the
Commercial Code, and close studies of the rules governing partnership also
suggest the influence of English law of partnership.
 Provisions of the Ethiopian civil code governing administrative contract
(Articles 3131–3306) were taken from the French Administrative law. 50
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Cont.
 Article 1745 of the Civil Code (Contract law provision) is inspired by Article
1243 of French Civil Code, Article 299 of the Lebanon Civil Code, Article 1197
of the Italian Civil Code, and Article 341 of the Egyptian Civil Code
 Article 1799 of the civil code ( which is about payment of nominal damages to
the injured contracting party) is inspired by the English case of Hadley v.
Baxendale, albeit with some modifications.
 Article 1745 of the civil code (what to pay to the creditor in contract) is inspired
by inspired by the Swiss Code of Obligations (Art. 71) and the Civil Codes of
France (Art. 1246), Lebanon (Art. 299), Italy (Art. 1178), and Greece (Art.
289).
 The approach taken was totally different when it comes to the procedural laws.
The adjective (procedural) laws in Ethiopia have, to some extent, been
influenced by common law doctrines, unlike the substantive laws.
 The Civil Procedure Code, for instance, was drafted by an Indian trained
Ethiopian, Mr. Nirayo Esayas, Assistant Minister of Justice, and was manifestly
influenced by the Indian Code of Civil Procedure.

51
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Cont.
 The fact that most of the codes were drafted by French and Swiss legal scholars has reinforced
the widely held view that Ethiopia belongs to the civil law tradition. However, both the drafter
of the Civil Code, Rene David, and a leading commentator of Ethiopian law, George
Krzeczunowicz, wrote that Ethiopian law incorporates elements of common law and local
customary and religious rules.
 Thus, despite the use of continental-styled codes, the content of Ethiopian law is a mixture of
customary, continental, and Anglo-American principles.
 The worst effect of reception of laws from multiple systems is that in such cases there will be
no special or genetic relationship with a single law-donor. Within a legal-family it is feasible
for younger members to look for clues and developments in the parent country for
interpretation. This is not the case when the borrowing is from multiple legal systems. Sand
concludes that ‘eclectic legislations produce orphan laws.
Approaches Chosen in Drafting the Codes
 The Ethiopian Codes predominantly reflect a French influence in their approach, style, and
substance. The French draftsmen of the civil and commercial codes (David, Jauffret, and
Escarra) claimed to employ an eclectic methodology (an approach that combines elements
from various sources or systems rather than adhering strictly to a single framework) based on
comparative law, consulting various codes from Western Europe, the Middle East, and North
Africa, as well as Anglo-American legal principles.
 However, their approach may seem less eclectic when considering that the consulted codes
themselves are heavily influenced by the French model, stemming from a single western legal
culture with shared categories and historical foundations.
52
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Cont.
Why substantive laws were all drafted by continental lawyers?
It was owing to the political and cultural order than juridical arguments.
1. The Fetha Negest, which was highly venerated in Ethiopia for centuries, has its
roots to some extent in the Byzantine legal tradition which in turn can be
deemed an heir to the Roman legal tradition. The Romano-Germanic legal
system and experts from the same were, therefore, chosen in a bid to ensure
historical continuity in the Ethiopian legal tradition.
2. Ethiopia wanted to counter the increasingly pervasive influence of the British
and the Americans in the post-war period in the affairs of the Ethiopian state.
One way of doing that was picking continental experts.
3. Other argued that Ethiopia preferred a ‘clear, systematic, compact, complete
and authoritative statement of law’ for the drafting of which common-law
lawyers were believed to be less suitable.
4. It was also believed that the controlling reason for the choice of continental
experts was the basic orientation of the Emperor who made the decision. Since
the Emperor spoke French and was exposed to that tradition from early age, he
preferred people with whose culture he was more conversant than English or
American experts for the drafting job.
53
 By Geta Belete Shiferaw 12/10/2024

Commercial Code of 1960

The need to have business law
 The Franco-Ethiopian Railway Company was established during Emperor
Menelik II's reign through an imperial concession in 1894 to build a railway
from Djibouti to Ethiopia. Although it was a French company, ownership was
intended to revert to the Imperial Ethiopian Government.
 The Bank of Abyssinia was established in 1905 as a branch of the National
Bank of Egypt, with the Ethiopian government entitled to 20% of profits which
was later renamed "Bank of Ethiopia" after its acquisition in 1931.
 The Agricultural and Commercial Development Company of Ethiopia was the
next company formed, being the first Ethiopian company incorporated within
the country.
 The establishment of earlier companies led to the creation of commercial laws,
including the Law of Loans (1924), Decree of Concessions (1928), Law of
Bankruptcy (1931), and Company Law (1933).
 The previously established laws were insufficient and lacked
comprehensiveness in addressing contemporary issues, leading to the
development of the 1960 Commercial Code. 54
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Cont.
 The drafting process began after an invitation from the Imperial
Ethiopian Government to Professor Jaffre Escarraga to create a
Commercial Code and a Maritime Code.
 However, work on the Commercial Code was delayed due to the death
of Professor Escarraga in 1955.
 Subsequently, the Imperial Ethiopian Government invited Professor
Alfred Jauffret to complete the drafting, which included preparing the
texts of Books I and III. Professor Jauffret submitted his final drafts on
March 1, 1958, which were later presented to Parliament. The final draft
was approved, and the Commercial Code was promulgated on May 5,
1960, taking effect on September 11, 1960.
What is commercial code?
A commercial code serves as a legal framework that governs the rights,
relations, and conduct of businesses and organizations involved in trade. It
outlines regulations for various aspects of commercial activities, including
contracts, partnerships, and business operations, ensuring clarity and
consistency in commercial transactions.

55
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Cont.
The structure of the commercial code
The 1960 Commercial Code of Ethiopia consists of a preamble and
four books, encompassing a total of 1,181 articles.
Book One- Traders and Business
Book Two- Business Organizations
Book Three- Carriage and Insurance
Book Four - Negotiable Instruments and Banking Transactions
Book Four- Bankruptcy and Scheme of Arrangement
Note: To know about the drafting process and the method employed,
it is recommended to read Background document of the Ethiopian
commercial code of 1960

56
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Cont.
The Current commercial code of Ethiopia- Proc No. 1243\2021
 However, over the past six decades, the nature of commerce and
the flow of capital have evolved significantly. Consequently, the
old Commercial Code, which consists of five books, has become
inadequate for governing the current economic activities in
Ethiopia. This gap highlights the need for an updated legal
framework to effectively address contemporary commercial
practices and challenges.
 The provisions of books three (Carriage and Insurance) and book
four (Negotiable Instruments and Banking Transactions) of the
Commercial Code Proclamation No. 166/1960 shall continue to
apply pending the issuance of financial services Code subject to
any clear contrary stipulations in other laws.

57
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The 1960 Civil Code of Ethiopia

The Structure of the Civil Code
The Civil Code of Ethiopia consists of 3,367 articles, divided into five books and
twenty-two titles.
 Book I: Persons
 Book II: Family and Successions
 Book III: Goods ( It deals with Property Law)
 Book IV: Obligations (Law of Contract and Tort Law)
 Book V: Special Contracts
Features of the Civil Code
1. The Civil Code provides guidance to courts on interpreting its
provisions See Articles 1732 to 1739 , 3211 and 910)
2. Exclusiveness- a crucial aspect of completeness in codification,
indicating that a code should thoroughly regulate a legal area and limit
reliance on other legal sources. See article 3347(1) of the Civil Code
clearly repeals the that all previously existing rules, be it written or
customary laws. However, this provision is impliedly repealed by the
1995 constitution.
4. Comprehensiveness – the ability to cover a field of law in its entirely.
5. The code was revolutionary-
58
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Cont.
Amendments Made to the Ethiopian Civil Code
After fourteen years, Selassie's regime was replaced by the Derg military
regime, which enacted the 1987 Derg Constitution. This constitution upheld
centralization, declared Ethiopia a socialist state, and permitted existing
laws, including the Civil Code, to remain in force unless they contradicted
the new constitution.
Othe amendements to the Civil Code
 Civil Code (Amendement) proclamation No.65/1997
 Civil Code As Amended Proclamation No. 639/2009
 The Federal Revised Family Code of Ethiopia proc No. 213/2000
Development of family Law
Article 48 of the 1955 Revised Constitution of Ethiopia reads that “The
Ethiopian family, as the source of the maintenance and development of the
Empire and the primary basis of education and social harmony, is under
special protection of the law.”

59
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Cont.
 Influenced by the 1955 Revised Constitution, which provided special
protections for families, and the Universal Declaration of Human Rights, the
Civil Code regulates family law under articles 550- 825. However, the civil
code has significant loopholes. Notably, it undermines women and fails to
recognize equality in marriage. Article 635 of the Civil Code states that the
husband is acknowledged as the head of the family, and unless the Code
specifies otherwise, the wife must obey him in all lawful matters he directs.
This provision is clearly discriminatory towards women.
 The Derg regime largely maintained existing laws and practices, only making
minor changes, such as enhancing protections for women. As a result, the Civil
Code remained in effect, even though later constitutional provisions introduced
in 1987 guaranteed full consent from both spouses during marriage, equal rights
in family relations, and the state's responsibility to protect the institution of
marriage.
 There was a need to align Ethiopian family law with the society's socio-
economic development and the FDRE Constitution, focusing on ensuring that
marriage is based on the free consent of both spouses and promoting their
equality throughout the marriage which results the birth of a separate Family
law. 60
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Civil Procedure Code of Ethiopia- Decree No 2\1965

What is the reason the civil procedure code of Ethiopia was issued as a decree,
unlike other codes that were issued as proclamations?
 The Emperor enacted the civil procedure code as an emergency decree under
his constitutional authority. Article 92 of the revised 1955 Constitution
permitted the Emperor to issue decrees when the chambers were not in session.
Although the draft had been submitted to Parliament late in the session, no
action was taken. Given the urgent need for a new civil procedure code, the
Emperor resorted to his emergency powers. While Parliament could potentially
reject the decree, it is unlikely to do so, though some amendments may be
suggested.
 The foundation of the Law of Civil Procedure is Article 1 of the Civil Code,
which affirms that individuals have rights and entitlements from birth to death.
Every person is recognized under the law, regardless of status, age, or
background, with rights corresponding to duties that others must respect. This
creates a complex network of rights and obligations; when these rights are
violated or duties ignored, disputes arise, necessitating effective mechanisms for
conflict resolution to maintain a healthy society.
 Civil disputes can be resolved through several methods, including the use of
force or self-help (as specified in Article 1148 of the Civil Code), alternative
dispute resolution (ADR) techniques, or litigation.
61
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Cont.
Litigation is the process of resolving disputes in a court, governed by
the Law of Civil Procedure, which outlines the necessary rules for
effectively addressing civil disputes. Civil procedure clarifies how
rights and obligations from substantive laws are protected and
enforced, answering key questions of "where?", "who?", and "how?"
in civil litigation.
o Where- This relates to jurisdiction, including judicial (conflict of
laws), material (competence), and local (convenience) jurisdiction
as detailed in Articles 19-27.
o Who- The party initiating the lawsuit must have a direct interest in
its outcome, as specified in Article 33 regarding qualifications.
o How- This involves the process of pleadings (Article 80), issuance
and service of summons, pre-trial proceedings, trial, and review of
judgment.
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Criminal Procedure Code of Ethiopia- Proc No.185 of 1961

 Although a codified substantive criminal law has existed since the mid-15th
century, codified criminal procedural law was only established with the
Criminal Procedure Code in 1961, while substantive laws were previously
enforced through customary procedures.
 Criminal procedure is part and means of substantive public law in Ethiopia,
involving various methods for investigating alleged crimes and punishing
offenders.
 According to Ethiopia's customary rules, the approach to investigating a crime
was determined by whether the victim was familiar with the offender.
 In cases where the victim knew the criminal, there was no need for an Affersata
or Lebashai. Instead, the accused was required to accompany the victim to a
dispute settlement institution, and if they refused, community members could
intervene to ensure the accused appeared before the appropriate authority to
resolve the case.
 If the offender was unknown to the victim, two main methods for investigation
and identification were used: Lebashai and Afersata for gathering information,
examining witnesses, collecting testimonies, and evaluating physical evidence,
highlighting the traditional approaches used before modernization. 63
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Cont.
In Addis Ababa, the market guard was tasked with maintaining peace and order,
authorized to detain suspected criminals and bring them to municipal authorities. A
special unit called the secret guard operated within this organization to prevent crime in
public areas like markets and hotels, continuing its duties until 1935 and participating in
investigations.
A. Affersata-
 This is a government sponsored communal inquiry into crime which is referred to as
Auchachin in the Shoa and Wollo provinces, and Ewus in Gojjam province.
 The Afersata was a public meeting organized to identify a criminal following a
crime. This process was initiated by a local official, like the district governor, either
at the victim's request or due to major public disturbances. It involved gathering all
residents of the crime area and holding them until someone could identify the
perpetrator.
 The practice of Afersata faced significant criticism and unpopularity for several
reasons.
1. There were instances where the anonymity of informants led to accusations against
innocent individuals.
2. Participants were often required to invest considerable time in the process, which
could delay justice while the crime was being investigated.
3. Residents of the area where the Afersata occurred were obligated to provide food
for the administrators overseeing the process.

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Cont.
To address these issues, Emperor Haile Selassie enacted the Afersata Proclamation
in 1933, aiming to reform the system and mitigate its associated problems. The
Proclamation's Preamble emphasizes protecting the innocent from false accusations
by requiring informants to testify in court. This ensures that the accused can
confront their accusers, fostering fairness in the legal process.
B. Lebashai-
 Lebashai was a traditional investigative method where a young boy was
drugged to identify the thief.
 A chief seeker, often accompanied by the victim and local witnesses, would
then conduct a search for the thief based on the boy's indications, leading to
potential financial penalties for the identified thief.
 This process involves drugging a young boy who is believed to have the ability
to "sniff out" the wrongdoer and the location of stolen goods.
Recommended Reading:
1. Stanley Z. Fisher Source, Traditional Criminal Procedure in Ethiopia
2. Wondwossen Demissie, Ethiopian Criminal Procedure- A text book
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Cont.
 Traditional criminal procedures conflicted with the Revised Constitution of 1955,
which includes a bill of rights ensuring due process, equal protection, and the right
to counsel, along with regulations on arrest and detention. The Criminal Procedure
Code of 1961 was enacted to modernize the legal framework and better align with
these constitutional rights.
 The initial drafting of the Criminal Procedure Code (CPC) was entrusted to
Professor Jean Graven, a prominent scholar in comparative penal law, who was also
involved in the Ethiopian Penal Code of 1957. He submitted a first draft containing
1,014 articles. This draft was then sent to Sir Mathew, the legal advisor to the
Ministry of Justice, for further review and refinement into its present form. The
Criminal Procedure Code was published in the Negarit Gazetta as Proclamation No.
185/1961 and is relatively concise, with only 224 articles.
 The Ethiopian Criminal Procedure Code has two primary objectives: ensuring swift
justice for offenders to facilitate the enforcement of penal law, and protecting
innocent citizens from unwarranted interference. It aims to administer penal law
effectively while upholding values like human dignity.
 The Code has roots in no single system, nor even in any single 'family' of systems.
Rather, it is the product par excellence of an eclectic approach to codification, more
than any other Ethiopian code.

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The Place of Customary Law in A modern Legislation

Should customary law be looked to as a source of the new law, and if so, to what
extent and with what considerations? Or should it be retained as a separate system
of law applicable to certain persons in certain circumstances?
Allowing a separate system of customary has the following disadvantages:
 Customary law functions within a specific, limited region, often resulting in
significant differences between the laws of neighboring areas and even within
the same tribal group.
 Many customary law rules conflict with contemporary standards of fairness and
effective social policy. Removing these outdated rules poses challenges, as
abolishing some while retaining others could undermine the integrity of the
entire customary law system.
 Because customary law is unwritten, it often lacks clarity and can be
challenging to determine. This uncertainty creates a risk of arbitrary application,
which may go unchecked.
 Having distinct laws for different groups hinders national unity and fosters
tribalism. Separate legal systems based on tribal or geographical divisions can
obstruct the formation of a cohesive national identity.
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Cont.
 A fragmented legal system can deter economic interactions among different
groups. For instance, unclear property titles ruled under customary laws restrict
the ability to transfer land freely and impede the development of a cash
economy. In this regard, Rene David supports the view that the diverse
customary laws of Ethiopia are inimical to development.
How were customary laws addressed in the modern codes of Ethiopia?
By enacting six codified laws, the imperial government indicated that legal
relations in Ethiopia would no longer be based on any customary legal systems.
Does this imply that all customary laws were dismissed? What were the intentions
of the emperor and the drafters regarding customary laws?
o Emperor Haileselassie wrote in the preface to the Civil Code: ‘No law which is
designed to define the rights and duties of the people and to set out the
principles governing their mutual relations can ever be effective if it fails to
reach the heart of those to whom it is intended to apply and does not respond to
their needs and customs and to natural justice.
o Rene David, the drafter of the civil code, in acknowledging the need to
incorporate customary laws in some selected subject matters said that “base of
the code is the feeling of Ethiopians for justice”.

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Cont.
 The ideas reflected by Rene David with regard to the Civil Code were shared by
all the foreign experts that drafted Ethiopia’s legal codes at that time. Indeed, it
seems they were acting on instructions from the Emperor’s government to draft
the laws based on the legal systems of developed nations.
What were the tests in selecting certain customary laws to incorporate in the codes?
 Rene David spoke about the fact that some customs might not be worth
preserving as they were repugnant to justice and likely to be rejected by the
people in the future.
 Professor Krzeczunowicz has listed four conditions for the inclusion of customs
in the codes:
(1) the custom was sufficiently general as to be practiced by at least a majority of
the highland population;
(2) it was not repugnant to the Ethiopian concept of natural justice as reflected in
the Fetha Negest;
(3) it was not contrary to economic progress;

(4) it was sufficiently clear and articulate as to be capable of definition in civil

law terms.
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Cont.
Article 3347 (1) of the Civil Code provides: ‘Unless otherwise expressly provided,
all rules whether written or customary previously in force concerning matters
provided for in this Code shall be replaced by this Code and are hereby repealed.’
 This article does not eliminate customary laws completely. Customary laws are
inapplicable only to the extent that the matter is governed by the Civil Code. If
a given matter is not governed by the Civil Code, however, courts could avail
themselves of these religious and customary norms.
 It was believed that the rules governing such matters as marriage and family
relationships, succession to property, and land ownership, are often deeply
rooted in religion and tradition; any change could cause dangerous resentment.
Thus, certain areas of the civil code dealing with family law, successions and
property law, customary laws were incorporated.
 Although the incorporation of customary law was fairly rare, there were
numerous instances of provisions reflecting particular Ethiopian problem and
needs.

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Cont.
Customs in the Contract Law Provisions
 Article 1713 of the Civil Code provides that the parties are bound not only by
the terms expressed in the contract but also by such incidental effects as are
attached to the expressed terms, according to the nature of the contract, custom,
equity, and good faith.
 The cumulative reading of articles Article 1821 and 822 of the civil code
provided that ‘where a contract is made for an undefined period of time, both
parties may terminate it on notice’. The period of notice is determined by
custom or law.
 In sale contract, the buyer has the obligation to pay the price and take delivery
of the thing (Article 2303(1)). The obligation to pay the price includes the
obligation to take any step provided by the contract or by custom to arrange for
or guarantee the payment of the price. Article 2304(1)
Customs in the Property Law Provisions
Article 1168 of the civil code states that “A person who has paid taxes on a
property for fifteen consecutive years can claim ownership of that property.
However, Properties jointly owned by family members according to custom cannot
be acquired through usucaption. Any family member retains the right to claim such 71
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Cont.
Article 1131 - Intrinsic Elements of Goods
Unless otherwise specified, rights or dealings concerning goods apply to
all intrinsic elements of those goods.
Article 1132 - Definition
1. Anything recognized by custom as a part of a thing is considered an
intrinsic element.
2. Anything that is materially attached to a thing and cannot be removed
without damage is also deemed an intrinsic element.
Article 1371 - Rights of Way and Rural Servitude
1. Rights of way, such as the right to traverse a parcel of land on foot or
with animals during the dead season, across fields or out of a wood,
shall be recognized to the extent established by local custom.
2. Rights related to pasture, wood-cutting, watering animals, irrigation,
and other rural servitudes shall also have the same extent as
determined by local custom.
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Cont.
Customs in the Family Law Provisions of the Civil Code
 Article 573 - allows for reasonable compensation for moral prejudice caused by
a breach of betrothal, considering local customs, with a maximum indemnity of
one thousand Ethiopian dollars.
 Per Article 577 Marriages can be legally contracted before a civil officer or
according to the parties' religion or local custom.
 Article 807 provides that “The obligation to supply maintenance requires a
person to provide adequate food, shelter, clothing, and health care to their
creditor, considering the social conditions and local customs of those involved.”
Custom in the Succession Law of the Civil Code
 The succession law provisions to a large extent reproduce customary practice.
Not only were the traditional rules very important to the people, but for the most
part there was nothing unjust or regressive about them. Instances,
1. Custom shows that spousal succession was not authorized because of the
Ethiopian belief that property should be kept in the blood line. In the
succession provisions of the civil code, spousal succession is not allowed in
keeping the custom
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Cont.
What about other codes?
 The Criminal Procedure Code does not specifically repeal customary practices
neither does it commonly incorporate customary practices, either directly or by
reference.
 Article 10 of the 1957 penal code states that:

The cancellation of entries in Police Records made prior to the coming into
operation of this Code as well as reinstatement, even in the case of judgments given
under provisions repealed by this Code or customary law fallen into disuse shall be
governed by this Code.
Does the expression "customary law fallen into disuse" indicate that the intention
of the Code was to supersede customary law?
 In several sections of the Penal Code, such as Article 97 (confiscation of
property), Article 550 (duels), Article 770 (disturbance of work or rest of
others), and Article 806 (petty theft), the term "custom" is referenced as a fact
rather than as a legal principle.

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Cont.
 Article 223 of the Ethiopian Criminal procedure Code empowers the Atbia
Dagnia to resolve minor offenses such as insult, assault, petty damage, and petty
theft (up to 55 Birr) through compromise within their local jurisdiction.
 The preamble of the Civil Procedure Code states that all existing written or
customary rules regarding matters covered by the Civil Procedure Code of 1965
are repealed and replaced by this new Code.

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Administration of Justice
 In order for the law to have meaning and to accomplish its purposes, it must be
properly administered.
 Administration of justice can be defined as the process of making decisions in
conformity with the letter and the spirit of the law. The justice to be administered
could be criminal or civil. This definition implies that certain institutions involve
in the administration of law.
 In administering justice, the following questions have to be answered:
(1) what will be the institutions for the administration of justice ?
(2) what will be the procedure in administering the justice?
(3) what persons will staff these institutions and assist in the administration of
justice?
 Although Ethiopia has a long history, the administration of justice was primarily
conducted through a traditional system rooted in customary rules.
 Before 1908, justice was not provided by official courts. Instead, rulers handled it
at the local level, with the option to appeal to the Emperor. There was an
informal hierarchy, ranging from village elders at the bottom to the Emperor's
Zufan Chilot at the top.
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Administration of Justice After 1908

 Emperor Menilik's reform efforts in the administration of justice included
establishing the Ministry of Justice, the Ministry of Interior, and appellate
tribunals known as Wonbers, which means "chairs" but refers to judges.
 This initiative by Emperor Menilik affected the administration of justice in a
number of ways.
1. A new initiative aimed to centralize the recruitment and assignment of court
officials across the country. The Minister of the Interior oversaw this process,
deploying governors who also served as judges in the provinces. This marked
a shift from local chiefs managing justice to central government administrators
handling case adjudication, with their appointments and removals controlled
by the central authority.
2. An appellate tribunal was created in Addis Ababa to hear appeals from lower
courts, dividing the country into six districts with two judges appointed for
each. Unlike other courts, whose judges were assigned by the Minister of the
Interior, the Emperor personally appointed the judges for this tribunal. As a
result, appeals were no longer submitted directly to the Zufan Chilot.

77
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Cont.
3. The role of the Afe Negus, previously an advisor to the Emperor, was
transformed into the Minister of Justice. In this new position, the Afe Negus gained
the authority to determine whether decisions made by the newly established
Wonbers should be reviewed by the Emperor's bench.

Note: Alongside these court structures, various customary institutions existed to

administer justice locally. Starting from this period, these institutions developed
detailed rules and procedures for organizing, pleading, trial, and appeal. Notable
examples include the Kanchi system in Tigrai, the Aba Geda system of the Oromo
people, the Chiqa Shum of the Amhara people, and the Sanga Nenay of the
Kunamas, all of which played significant roles in justice administration for
different ethnic groups in Ethiopia.

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Administration of Justice after 1931 Constitution

 The first written Constitution of 1931 contained 55 articles, with 5 focused on
the judiciary. It stated that judges would perform their duties according to the
law in the name of the Emperor.
 The Constitution did not specify the appointment procedure for judges or define
the powers of the judiciary, only stating that judges should be appointed from
those with prior judicial experience. See article 51 of the constitution
 The Emperor held supreme authority within the legal framework and had the
power to appoint and dismiss all officials, including judges, as well as
determine their salaries, as stated in Article 11 of the Constitution.
 The litigation process and court structure did not fundamentally change with the
first written Constitution, even though judges were constitutionally recognized
as an adjudicating power.
 Thus, the following regular and non-regular courts operated in Ethiopia until the
Italian occupation in 1936:

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Cont.
A. Regular Courts Before 1936
1. Courts of Mislene, Melkegna, Chikashum and Balegult
These were the lowest-level courts with civil jurisdiction, where local
appointees and notables served as judges. Non-criminal appeals could be
made to the next higher court, either the Yeshaleqa Courts (Womber
Courts) or directly to the Imperial Zufan Chilot. Appeals to the Imperial
Zufan Chilot required prior review by the Afe Negus Chilot.
2. Yeshaleqa Courts (Womber Courts)
These second-level courts were established by the government to handle both first-
instance and appeal cases, with jurisdiction over all civil cases and minor criminal
offenses. If a ruling was contested, an appeal could be made to the Yewember
Chilot. Direct appeals to the Imperial Zufan Chilot required prior screening by the
Afe Negus Chilot. Typically consisting of two judges, only the judge on the right
had exclusive decision-making authority.

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Cont.
3. Yemengist Womber Chilot
This third-level court consisted of two judges, with only one possessing decision-
making authority. Located in Addis Ababa, it served as a special appellate court for
both first-instance and appellate civil cases, making decisions based on majority
vote. Appeals from this court could be taken to the Afe Negus Court. Criminal
cases were referred to the Yewonjelegna Mekcha Fird Bet, while serious criminal
cases were escalated to the Imperial Zufan Chilot.
4. Afe Negus Chilot
The Afe Negus acted as the Minister of Justice (Yefird Minister) and presided over
the Afe Negus Chilot, making authoritative decisions in adjudicating cases,
sometimes with an assistant. As the only full-time judge, he had the authority to
hear civil and criminal cases of any degree, including appeals and first-instance
litigations from across the country, except for capital punishment. Following the
court classification established after 1941, his role was equivalent to that of the
Imperial High Court.
5. Imperial Zufan Chilot
This was the supreme court where the Emperor issued final and binding judgments
on criminal and civil cases of any nature, handling both appeals and first-instance
matters. When the Emperor was absent, his delegate (enderase) had the authority to
preside over the court.
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Cont.
B. Non Regular Court Before 1936
1. Ecclesiastic courts
o Ecclesiastical courts handled disputes related to the administration of the church
and property issues. These cases were overseen by the Itchege, with the option
to appeal to the heads of the monastery or church.
2. Court of Ministry of war- The Court of the Ministry of War was
established to manage disputes concerning land owned by active soldiers.
3. Court of Ligaba- The Court of Ligaba was established to handle disputes
related to land owned by former soldiers.
4. Consular and Special Courts- the power to see disagreement in relation to
international agreements to which Ethiopia of a party.
A. Consular Courts ( 1922- 1936)
o The Consular Courts were established in response to pressure from foreigners
who questioned the competence of Ethiopian courts to handle their legal
matters. These courts operated independently, without interference from the
Ethiopian government.
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Cont.
B. Special Court ( Mixed Court)
 This court was created as a result of the Klobukowski Treaty, officially signed
on January 10, 1908. This Treaty of Friendship and Commerce was between
Ethiopia and France. Named after the French delegate Antony Wladislas
Klobukowski, it aimed to strengthen diplomatic and economic relations
between the two nations.
 Before the Special Court was established in the early 1920s, the resolution of
"mixed cases" was handled by little-known ad hoc tribunals that scholars did
not recognize as true mixed courts. However, these tribunals could be seen as
preliminary efforts to implement the Franco- Ethiopia Treaty while further
negotiations for a formal mixed court were underway between Ethiopia and
European powers.
 Regarded as the first and last mixed court in Ethiopian legal history, the Special
Court was established in 1922 to implement the Franco-Ethiopian Treaty of
Amity and Commerce of 1908 and to appease European powers that were
urging Ethiopia to establish a mixed court.

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Cont.
Composition of the Court
 The Special Court was a tribunal consisting of an Ethiopian judge working with
the French consul. Its judges were typically from the ruling class and had
limited formal training in European law, with only the last judge reported to
have legal training.
 Ethiopia's delay in appointing judges with European legal expertise became a point of
contention, as the country aimed to limit European extraterritoriality and maintain its
judicial authority over foreigners, while European powers pushed for a fully developed
international mixed court.
Jurisdiction
According to Article 7 of the Treaty, the special court had jurisdiction over mixed cases
involving Ethiopian and French subjects. Due to Ethiopia's most-favored-nation
commitments to various European powers, the Special Court also handled "mixed cases"
involving Ethiopians and foreigners beyond just the French.
Laws
The mixed court was required to use the laws of the defendants' countries when adjudicating
cases involving foreign nationals. However, the Special Court often applied these foreign
laws less frequently than expected, instead relying on local legal sources such as Ethiopian
customs and the Fetha Nagast. Despite this focus on local law, the court did reference
European laws in some decisions, and the involvement of European advocates and consuls
for foreign defendants showed some consideration for foreign legal standards in mixed
cases.
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Administration of Justice during the Italian Occupation Period (1936-

1941)
 During the short Italian occupation from 1936 to 1941, the Italian
colonial authorities, despite facing ongoing armed resistance from
patriots and committing widespread atrocities against Ethiopians,
attempted to establish their own court system.
 Italian judges were assigned to handle criminal law cases, while
customary and religious laws remained in effect for civil matters
dealt with by lower-level native courts.

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Regular Courts of Emperor Haile Selassie After 1941

After Ethiopia was liberated from Italian occupation, significant changes were
made to the administration of justice, including the official establishment of a full
court system for the first time. Article 2 of the Administration of Justice
Proclamation No 2 /1942 established the following four tier court system.
A. The Supreme Imperial Court
 The Supreme Imperial Court consisted of the Afe Negus and two judges from
the High Court. The Afe Negus served as the president and was the only judge
permanently appointed to the Supreme Court, while the other judges were
nominated on an ad hoc basis to hear appeals from the High Court.
 The Supreme Imperial Court, led by the Afe Negus, stood at the top of the
judicial hierarchy, holding both appellate and supervisory authority over the
lower courts, as outlined in Administration of Justice Proclamation No. 2 of
1942, articles 2-18.
B. The High Court of Ethiopia
The High Court of Ethiopia possessed full criminal and civil jurisdiction. Judges of
British nationality, appointed by the Emperor, were required to serve on the Bench,
as outlined in Article 7 of the Administration of Justice Proclamation No. 2 of
1942.
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Cont.
C. The Provincial Courts
 Established in each province, the provincial Courts had original criminal and
civil jurisdiction as specified in the Proclamation, along with appellate
jurisdiction over Regional and Communal Courts.
 The Proclamation required that these courts not enforce any existing laws that
contradicted natural justice or humanity or created harsh or inequitable
differentiation between Ethiopians and foreigners, as stated in Article 24 of the
Administration of Justice Proclamation No. 2 of 1942.
D. The Regional and Communal Courts.
What were the regional or communal courts and were the structures?
The Presidents of the Supreme Court and the High Court were granted the authority
to issue Rules of Court, with the Minister of Justice's approval, concerning various
matters, including: the administration and proceedings of the Court, the admission
and conduct of legal practitioners, the selection and duties of assessors, the transfer
of criminal cases from lower to higher courts, the imposition and recovery of fines,
and the general administration of justice. (Article 20 of the Administration of
Justice Proclamation No. 2/1942).

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Cont.
Under the Administration of Justice Proclamation No 2 /1942, the number of
available appeals was limited. Litigants dissatisfied with a court's decision could
only make one appeal to the next court, meaning cases from the Awraja courts
could not reach the Supreme Court, as the High Court's decision was final. While
the arrangement increased the number of judges hearing a case from one to three, it
restricted appeals to just one.
Do you think that limiting appeals to only one jeopardizes the human right to justice?
How do you view the increase in the number of judges in a panel from one to three?
E. Establishment of Local Courts
 Local judges (Atbiya Dagna) were appointed by virtue of the Establishment of
Local Judges Proclamation No 90 of 1947 to adjudicate both civil and criminal
matters.
 The Atbia Dagna was empowered to both conciliate and adjudicate matters within
its jurisdiction. In civil cases, its jurisdiction extended to claims of up to 25 Birr,
while in criminal cases, it could address offenses with punishments not exceeding
15 Birr. See Article 3 of proclamation No 90/ 1947
 These small claims tribunals (in civil matters) were however abolished when the
Criminal Procedure Code of Ethiopia was enacted as their jurisdiction was
transferred to the ordinary courts that were newly established.
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Cont.
 Their jurisdiction in criminal cases, on the other hand, continued after the enactment
of the Criminal Procedure Code because the latter recognized their operation as
regards ‘minor offences of insult, assault, petty damage to property or petty theft
where the value of the property stolen does not exceed Birr 5. See article 223 of the
Ethiopian Criminal Procedure Code
Administrative Re-Structuring
The courts were re-structured by Proclamation No 102 of 1948. Accordingly, (a) the
Teklay Ghizat Court; (b) the Awraja Ghizat Court; (c) the Woreda Court; and (d) the
Mikitil-Woreda Ghizat Court were established. Thus, the Provincial Courts became
Teklay Ghizat Courts and and the Regional and Communal Courts became Awraja
Courts. See Proclamation to Amend the Administration of Justice Proclamation,
Proclamation No 102 of 1948 , articles 2, 4 and 5
Re-structuring of the court relative to the federation of Eritrea with Ethiopia
The federation of Eritrea to Ethiopia in 1952 was a major political change that
demanded reform both in the law and institutions. Accordingly, the Supreme Imperial
Court thus became the Federal Supreme Court, and a separate division of Federal High
Court was established in Eritrea by virtue of the Federal Judiciary Proclamation of
Ethiopia No 130 of 1953.
The Imperial Supreme Court was considered as Federal Supreme Court, with the Afe
Negus at its president, and it had two other judges one of whom was Eritrean. Article 3
of the Federal Judiciary Proclamation of Ethiopia No 130 of 1953.
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Administration of Justice from 1955-1974

 The adoption of the Revised Constitution in 1955 marked a significant turning
point in Ethiopian legal history and the administration of justice.
 The combined reading of Articles 108 and 110 of the 1955 Constitution
establishes that judicial power is vested in the courts and affirms the
independence of judges in their judicial functions.
 Article 109 of the 1955 Constitution established one Imperial Supreme Court
and stated that other courts would be created by law.
Note: Although the Constitution included values such as judicial independence and
separation of powers, these principles were significantly undermined, as the law
could not prevent interference from the political system. The separation of powers
conflicted with provisions that allowed the Emperor to participate in all levels of
government. Consequently, separation of powers existed only in areas where the
Emperor chose not to intervene, typically those below his authority.
 With the codification of Criminal procedure and Civil Procedure Code, the
previous court structure was replaced by a new hierarchy of courts both for civil
and criminal proceedings with some restructuring made.
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Cont.
For instance, the last Imperial period re-structuring of courts was made by Judicial
Administration Proclamation No 323/1973
 The proclamation established the Judicial Administration Commission and
defined its powers.
 The end of the functions of governors as judges in their respective Governorate
in an effort to introduce separation of powers.

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Non Regular Courts after 1942

1. Ethiopian Orthodox Church Court
 The Ethiopian Orthodox Church Ecclesiastical Court was established by Decree
No. 2 in 1942. This decree formalized the court's creation and defined its role and
authority to handle ecclesiastical matters within the Ethiopian Orthodox Church.
Article 10 of the decree assigns the Ethiopian Orthodox Church Ecclesiastical
Court the responsibility of handling issues related to marriage and the
administration of the church and its clergy.
 The Ethiopian Orthodox Church Ecclesiastical Court included an appellate court,
making decisions based on the Fetha Nagast. Lacking formal procedures, the
court relied on customary laws for its judgments.
2. The Muslim Courts
 Islamic court acquired official state recognition after the Proclamation for the
Establishment of Kadis Courts was enacted in 1942 (The Kadis Court
Proclamation 12 of 1942). This proclamation was repealed in 1944 by the Khadis
and Naiba Councils Proclamation No 62/1944 which established a three tier
court structure.
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Court
 The lowest court, the Naiba Council, had one judge, followed by the Qadis
Council, the immediate appellate court with one judge. The highest court, the
Sharia Court, consisted of three judges, all appointed by the Ministry of Justice.
 The Chief Qadi, who presided over the Sharia Court, was authorized to issue
procedural rules, establish exemptions, and determine court fee regulations with
the Ministry of Justice's approval.
3. Military Court- Martial Court
The Establishment of Court Martial Proclamation No. 68 of 1944 established two
types of martial courts: General and District Courts Martial. These courts were
created to address cases involving military offenses, based on the army
proclamation of 1944.
4. Hamle 16th Committee
The court under the Ministry of War was authorized to handle cases related to Madeira
land allocated to active service soldiers, while Ligaba had jurisdiction over cases
concerning former soldiers. However, on Hamle 16, 1957, a committee was established
to take jurisdiction over Madeira land cases.The committee operated until the
establishment of the Ministry of Land Reform and Administration in 1966.
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Cont.
5. Political Court and Committee for the protection of honour
A. Political Court
This was established in 1941, following liberation, to handle cases involving
individuals who had aided or collaborated with the then enemy, Italy.
B. Committee for the Protection of Political Court
 It was established after liberation from Italy to address cases of defamation
against the emperor and his family.
 The court was set up under the Ministry of Interior and had two tiers: a High
Court and a Supreme Court.
 The first court consisted of five members who heard cases against individuals
accused of defaming the emperor. It had its own secretary and public
prosecutor, meeting weekly. Judgments were sent to the Ministry of Pen, and
the accused could be released upon securing a guarantee, unless there was
strong reason to believe they would evade justice.
 The court was eventually abolished, and its jurisdiction was transferred to the
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Cont.
6. Judgment Inquiry Committee, Judgment Review Committee and
Court of Cessation
A. Judgment Inquiry Committee (Fird mermari)
The Judgment Inquiry Committee (Fird Mermari) was established to review
various court decisions, ranging from the Woreda Court to the Supreme Imperial
Court, upon receiving a complaint. It would make recommendations to the
emperor, who could then refer the case to the appropriate court for reexamination.
B. Judgment Review Committee (Fird Atari)
The Judgment Review Committee was responsible for examining court cases to
identify correct judgments and had three courses of action: it would reject petitions
lacking merit, recommend a hearing if further scrutiny was needed, and suggest
that cases requiring attention from the emperor's court be forwarded accordingly.
C. Court of Cassation
The Court of Cassation was established by an instruction from the emperor in 1952
to review cases where the emperor had difficulty accepting the findings of the Fird
Atari Committee.

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Cont.
7. Chieftainship Dispute committee -The Chieftainship Dispute Committee was formed
under the Ministry of Interior to resolve disputes concerning individuals holding chief
status (balabatnet). It remained active until 1974.
8. The Civil Service Tribunal and Pension Appeal Tribunal
 The Civil Service Tribunal was established to hear appeals from public servants
who have been wronged by decisions made by the Civil Service Commission, which
has the authority to impose disciplinary actions on public employees.
 The Pension Appeal Tribunal was established to make final decisions regarding
benefit determinations, dismissals due to incapacity of public servants, and the
retention of public servants in service beyond the retirement age.
9. Tax Appeal Commission – Each citizen has the duty to pay his fair share of the cost
of operation of his government. But, the time and manner of payment and the amount to
be paid must be clear, plain, non discriminatory and in accordance with the law. Where
a tax payer feels that he is a victim of arbitrary action of an unlawful nature, he should
have access to administrative tribunal where he can present his grievance and obtain
relief. Tax Appeal Commission is thus established as per Income tax proclamation
173/1961 for this purpose.
10. Labour Relation Board- The Labour Relations Board was created to address issues
concerning workers who have been wronged, helping them organize and protect their
interests.
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Administration of Justice- the Dergue Regime

Dergue suspended the operation of the Revised Constitution by the Provisional
Military Government Establishment proclamation 1 of 1974, which provides that
‘the Constitution of 1955 is ‘hereby suspended’. See article 5(a) of the
Proclamation. However, by virtue of article 10 of the same Proclamation, the then
‘existing laws that did not conflict with the Proclamation and future laws, orders
and regulations’ were kept alive and operative.
A. The establishment of Regular Courts
The Administration of Justice Proclamation No. 52/1975 reinstated the Woreda
Court, the Awraja Court, the High Court, and the Supreme Court, each with
criminal and civil jurisdictions within their designated local areas.
B. The Establishment of Special Courts-Martial
Special Courts-Martial were established to address both past and future offenses,
including those allegedly committed by officials of the Imperial regime, in
accordance with the Special Penal Code ( proclamation No 8 of 1974).

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Cont.
The re-establishment of the special courts with civilian judges
 The Special Courts-Martial was replaced by a Special Court, established by Proclamation No
215/1981, to try cases based on the Revised Special Penal Code, and it was presided also by
civilian judges.
 The Special Court had first instance court to try all cases arising out of the Revised Special
Penal Code and an appellate court.
 Decisions of the Special Court that involved ‘life imprisonment or death sentence were
reviewed by the Head of State.
 Article 21 of the proclamation establishing special court ( Proclamation No 215/1981),
pending cases were allowed to be decided by the court before which they were pending. The
detainees in the Grand Palace were released; and the judges of the Special Courts-Martial
were transferred to the Special Court.
The re-establishment of the Supreme Court as per the 1987 PDRE Constitution
 Chapter 14 of the Constitution established the judiciary as an independent state organ for the
first time. Article 100(1) of the Constitution stated that judicial authority shall be vested only
in one Supreme Court, courts of administrative and autonomous regions, and other courts
created by law. This was further supported by the Supreme Court Establishment Proclamation
No. 9/1987.
 Article 102 of the Constitution assigns the Supreme Court the responsibility for overseeing
the administration of all courts in the country, ensuring their proper functioning.

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Cont.
 The High Court and the Awraja Court were established under the High Courts
and Awraja Courts Establishment Proclamation No. 24/1988.
 The jurisdictions of Woreda Courts were transferred to the Awraja Courts. The
Special Court was abolished, and cases arising from the Revised Special Penal
Code fell under the jurisdiction of the High Court.
 The constitutional framework for appointing and removing judges did not align
with the principle of judicial independence outlined in the constitution. Judges
were elected for a five-year term by the Shengo (Legislative Assemblies) at
different levels, including national, administrative, and autonomous regions, as
stated in Article 101 of the 1987 Constitution.
 Article 107 of the 1987 Constitution requires courts to submit periodic reports
on their activities to the Shengos that elected them. However, the requirement
for courts to submit periodic reports on their activities to the Shengos that
elected them raises concerns about the independence of the judiciary.

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Transitional Government of Ethiopia Period (1991-1995)

The transitional period charter allowed the establishment of courts and mandated
the courts to be free from any governmental interference in their work. Article 9 (f)
of the charter
Now?
 A close reading of Articles 78, 79, and 89 of the FDRE Constitution indicates
that an independent judiciary is established, and judicial power is vested in the
courts at both federal and state levels.
 Article 37 of the FDRE Constitution states that everyone has the right to bring a
justiciable matter before a court of law or any other competent body with
judicial power and to obtain a decision or judgment.
 This provision suggests that judicial power isn't limited to the courts; it can also
be assigned to other organs. What are those organs?

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Judicial Models- Which Is Good?

Ethiopia has experienced four major paradigms in its court system throughout the
evolution of its judicial framework:
1. The Imperial Court System (Emperor Menelik II Model)- This system was led
by the executive (the King) and was heavily supervised by the Ministry of
Justice.
2. The Imperial Court System (Emperor Haile Selassie I Model)- Under this
model, the court system was established, regulated, and governed by the
Constitution and laws, functioning independently of the executive with
minimal oversight.
3. The Centralized Judicial System (Derg Model)- In this phase, the judicial
system was entirely centralized, directed by the Chief Executive of the State,
which allowed for only superficial judicial independence and operational
freedom.
4. The Parallel Dual System of Courts (Transitional Period Charter Model)- This
model featured parallel court systems at both the central and regional levels,
each with comparable jurisdiction.

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The Status of Legislation in the Ethiopian Legal System

 There is primacy of legislation in the Ethiopian legal system. A judge setting out
to solve a concrete case should first consider statutory rules.
 Statutes encompass the six legal codes, proclamations enacted by the House of
Peoples’ Representatives and regional legislatures, as well as regulations issued
by the executive branches of both federal and state governments.
 When there is no relevant statutory law available, judges may turn to customary
rules. Additionally, unless specified otherwise in legislation, courts must
recognize the legal interpretations provided by the Cassation Division of the
Federal Supreme Court. Given the existence of legal pluralism in Ethiopia,
Islamic law can primarily be applied in personal and family matters, provided
that the parties involved have given their consent.
 In light of Ethiopia's status as a federal state, questions arise regarding the
relationship between federal and state legislation. The Constitution outlines the
powers and responsibilities of the federal government in relation to those of the
federation's members. Typically, there would not be no overlap between the
jurisdictions of federal and state legislatures. However, if a conflict arises
between federal and state legislation, the House of Federation would resolve the
matter, as it pertains to constitutional interpretation. 102
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Traditional Mode of Litigation

 Traditional litigation procedures were transmitted orally through generations.
This procedural law includes the law of evidence and features advanced
methods of interrogation and cross-examination referred to as “ተጠየቅ ሙግት.”
The term “እሰጣገባ ሙግት” was also used interchangeably with tatayyaq to
describe court proceedings and litigation practices.
Recommended reading: አበራ ጀምበሬ፣ ተጠየቅ ሙግት- ልማዳዊ የኢትዮጰያ የክርክር
ስልት

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The Current Status of the Informal Justice System

 In nearly all regions of Ethiopia, except for the Gurage, customary laws are
unwritten and transmitted orally from generation to generation. Elders
commonly serve as the primary mediators for dispute resolution. Additionally,
in some areas, clan leaders, religious figures, and spirit mediums also play
parallel roles in settling disputes.
 The most common types of sanctions imposed by these institutions include
compensation for damages, reconciliation between the disputing parties and
their families or clans, curses, banishment, and, in some cases, corporal or even
capital punishment.
 As there is no prisons to detain criminals, the institutions often resort to
banishing individuals from the community until the desire for revenge subsides,
or they may shelter the accused in the homes of elders or churches.
 The decisions made by these authorities are typically carried out voluntarily,
and failing to comply can lead to ostracism and curses.
 The concept of an 'oath' is vital in legal cases, as it often determines outcomes.
When a suspect denies an allegation, the plaintiff must present witnesses who
also take an oath. There is a strong belief that lying under oath can lead to future
misfortunes for the individual and their relatives.
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Cont.
Concerns
1. Despite Articles 34(5) and 78(5) of the FDRE Constitution stating that additional
legislative acts are needed to implement certain rights, the only federal legislation
enacted for this purpose is Proclamation No. 188/1999, which reestablished the
Sharia Courts.
2. Formal courts in Ethiopia do not hear appeals from their own decisions nor enforce
them. As a result, the current situation has reverted to a state of reciprocal
ignorance, where the two legal systems coexist without interaction or
acknowledgment of each other's authority.
3. Although criminal matters are technically outside the jurisdiction of customary or
religious courts, practices in the Afar region suggest that these courts occasionally
handle murder cases with the tacit approval of officials from the formal legal
system.
4. Decisions from the informal court system cannot be appealed, as they do not fit
within a hierarchical structure. If litigants are advised to select their forums
carefully, should they be deemed at fault if they are denied the opportunity to
reinstate their cases in a court outside the formal hierarchy?
 Two chief challenges tend to complicate the effort to appraise the successes and
failures of legal pluralism in Ethiopia: adequate protection of human rights and
forum shopping.
How customary dispute resolutions and criminal law principle of legality reconciled?
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Thank you !

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