Traditional Criminal Procedure in Ethiopia
Stanley L,Fischer "'No modern legislation which does not have its roots in the customs of those whom it governs can have a strong foundation." Haile Sellassie I, Emperor of Ethiopia DOWNLOAD FILE INTRODUCTION In the decade 1955-1965 the Ethiopian government completely revolutionized its legal system by promulgating comprehensive legal codes and a new constitution.1 These laws have a predominantly Western flavor, and seem to bear little relation to the traditional patterns of life which still prevail in the Empire-one of the least "developed" areas of Africa. This state of affairs has led some to characterize the new codes as "fantasy law," which may serve to put a modern "face" on the country but, at least for some time to come, will not have any serious impact on the conduct of its affairs.2 Ethiopia's policy in regard to customary law does seem to have been remarkably negative. The codifiers apparently made no attempt to review existing written sources on the customary legal systems in operation throughout the Empire, much less to initiate or en courage systematic studies to supplement the scanty information available. Post-hoc justifications of this policy have been published by some of the code drafters as well as by scholars. They range from denial that customary law really existed in Ethiopia, to negative comments on its changeability, lack of uniformity, incompleteness, obscurity, and low status. These commentators also point out that some customs have been incorporated into the new laws, or otherwise permitted to operate within the new legal framework, that uniformity of laws is necessary and desirable for a country as heterogeneous as Ethiopia, and, finally, that the abandonment of custom is not a serious worry because for a long time to come the codes will not be applied in large parts of the Empire.3 These circumstances raise two important questions: first, what was "the customary law" of Ethiopia which the codes changed, and, second, how have the new codes changed it, both "on paper" and in practice? In this article we shall attempt to answer only the first of these questions, with regard to the law of criminal procedure. Drawing mainly upon scattered secondary sources,4 we shall attempt to construct a model of Ethiopian customary criminal procedure. This model will hopefully provide some basis for future research assessing the Ethiopian Criminal Procedure Code of 19615 in the light of this background
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Directive No. SIB/8/1995 LICENSING AND SUPERVISION OF INSURANCE BUSINESS AMENDMENT OF OPENING OF BRANCHES ISSUING AUTHORITY These Directives amending Directives No. SIB/2/1994 are issued by the National Bank of Ethiopia pursuant to the authority vested in it by Article 41 of the Monetary and Banking Proclamation No. 83/1994 and by Article 41 of the Monetary and Banking Proclamation No. 83/1994 and by Article 25 of the Licensing and Supervision of Insurance Business Proclamation No. 86/1994. Amendment The National Bank of Ethiopia Licensing and Supervision of Insurance Business Directive No. SIB/2/1994 is hereby amended as follows. "4. Duty of the Bank The Bank shall give a written response to the applicant within thirty calendar days from the date of receipt of the application and feasibility study under Article 3 hereof. Fee An insurer licensed to open a branch shall pay Birr 500.00 (Five Hundred Birr) for each licensed branch." These Directives shall enter into force as of 22nd day of May 1995. Directive No. SIB/6/1994
LICENSING AND SUPERVISION OF INSURANCE BUSINESS INVESTIGATION FEE TO BE PAID BY INSURANCE AUXILIARIES AND ACTUARIES ISSUING AUTHORITY Theses Directives are issued by the National Bank of Ethiopia pursuant to the Authority vested in it by Article 41 of the Monetary and Banking Proclamation No. 83/1994 and by Article 25 of the Licensing and Supervision of Insurance Business Proclamation No. 86/1994. INVESTIGATION FEE An applicant applying for a license to undertake a business as an insurance auxiliary or an actuary shall pay investigation fee of Birr 300 (three hundred) to the National Bank of Ethiopia. These directives shall enter into force as of 3rd day of November 1994. _ Directive No. SIB/17/1998
LICENSING AND SUPERVISION OF INSURANCE BUSINESS Manner of Reporting Financial Information ISSUING AUTHORITY These Directives are issued by the National Bank of Ethiopia pursuant to the authority vested in it by Article 41 of the Monetary and Banking Proclamation No. 83/1994 and by Article 42(j) of the Licensing and supervision of Insurance Business Proclamation No. 86/1994. SUBMISSION OF REPORTS Each insurer shall submit to the Supervision Department of the National Bank of Ethiopia separate quarterly reports for general and long-term insurance business within twenty days after the end of each quarter in the manner shown in the return formats attached herewith which shall form a part hereof. DEFINITIONS General Insurance Business For the purpose of reporting financial information: Aviation Insurance Business shall mean the business of effecting and carrying out contracts of insurance: upon the aircraft or upon the machinery, tackle or furniture or equipment of aircraft; against damage arising out of or in connection with the use of aircraft or against risks incidental to construction, repair or landing of aircraft, including airport owners' liability and third party risks; against loss of life by accident or injury by accident to aircrew members whilst performing or deemed to be performing their duties in accordance with their employment but excluding contracts of insurance in respect of risks of aviation excess of loss or crew loss of license. Engineering Insurance Business shall mean the business of effecting and carrying out contracts of insurance of various perils arising out of plant and machinery, such as explosion or collapse of boilers, breakdown of electrical or mechanical plant and lifts and cranes Machinery Break Down (MBD), and resultant damage to the insured's surrounding property and liability to third parties arising therefrom; it shall also include contracts of insurance in respect of Contractors' All Risks (CAR), Erection All Risks (EAR) and Machinery Break Down (MBD) and damage to property on site however caused and third party liability arising therefrom. Fire Insurance Business shall mean the business of effecting and carrying out of contracts of insurance other than those incidental to some other class of insurance business, against loss of or damage to property due to fire, explosion, storm, flood, and other occurrences customarily included among the risks insured against in fire insurance polices; it shall also include burglary, glass, all risks, householder's insurance. Industrial Life Assurance Business shall mean the business of effecting assurances on human life, premiums in respect of which are payable, at intervals, to collectors sent by the insurer to each holder of a policy or to his residence or place of work. Ordinary Life Assurance Business shall mean life assurance business, being business of, or in relation to, the issuing of or the undertaking of liability under ordinary life polices. Ordinary life policy means a policy of life assurance other than a policy of industrial life assurance. Superannuation Business shall mean life assurance business, being business of, or in relation to, the issuing of or the undertaking of liability under superannuation, group life and permanent health insurance polices: that is vested in the trustees of a fund established or maintained by a person, being a fund the terms and conditions applicable to which provide for: the payment of contributions to the fund by that person; and Payments being made from the fund, on account of injury, sickness, retirement or death of the employees of that person or a company in which that person has a controlling interest; or that was: effected for the purposes of a superannuation or retirement scheme; or accepted by the person maintaining such a scheme for the purpose of the scheme. SPECIFIC PRESCRIPTIONS For the purpose of reporting financial information: The inception date, i.e. the date on which liability of an insurer begins under a contract of insurance, shall be the date for recognition of premiums. Where an insurance contract provides permanent open cover, each anniversary date of the contract shall be deemed the inception date. Premiums shall be shown net of discounts, refunds and rebates. Amounts of commission which may include brokerage fee or other remuneration paid to intermediaries shall be separately shown under appropriate headings and shall not be deducted from premium amounts. Claims amounts shall include claims expenses and provisions for outstanding claims shall include provisions for Incurred But Not Reported (IBNR) claims. Premiums, claims, surrenders, annuities and commissions shall be shown net of reinsurance transactions related thereto. Reserves for Unearned Premiums in respect of each class of general insurance business shall be computed on the basis of the one-twenty fourth method. Reserves for Incurred But Not Reported (IBNR) claims in respect of each class of general insurance business shall be 10% (ten percent) of net earned premium. where an asset which is encumbered is included in the balance sheet, particulars of such an asset, the nature of the encumbrance and the amount secured by the encumbrance shall be attached to the balance sheet. Particulars of all contingent liabilities other than liabilities under contracts of insurance shall be attached. 5. REPORTING PERIOD For the purpose of reporting financial information, First Quarter shall mean the period running from July 1 to September 30, Second Quarter shall mean the period running from October 1 to December 31, Third Quarter shall mean the period running from January 1 to March 31, Fourth quarter shall mean the period running from April 1 to June 30 of each financial year. EFFECTIVE DATE These Directives shall be effective as of the 11th day of May 1998. _ Directive No. SIB/9/1995
INSURANCE BROKERS CODE OF CONDUCT Short Title This Directive may be cited as The Insurance Brokers Code of conduct Directive No. SIB/011/1995 Issuing Authority These Directives are issued by The National Bank of Ethiopia pursuant to the Authority vested in it by Article 41 of the Monetary and Banking Proclamation No. 83/1994 and by Article 42 (j) of the Licensing and Supervision of Insurance Business Proclamation No. 86/1994. Definition 'Insurance Broker' shall mean a person duly licensed as Insurance Broker in accordance with directive No. SIB/3/1994; 'Insurer' means a person or body of persons carrying on Insurance business; 'Advertisements' or 'Advertising' means canvassing, the offer of services or other methods whereby business is sought by Insurance Brokers. This Code of Conduct shall serve as a guide to Insurance Brokers and other persons concerned with their conduct but the mention or lack of mention in it of a particular act or omission shall not be taken as conclusive of any question of professional conduct. The objective of this Directive is to assist in establishing a recognized standard of professional conduct required of all Insurance Brokers who should, in the interests of the public and in the performance of their duties, bear in mind both this objective and the underlying spirit of this Code. Matters which might relate to acts or omissions amounting to negligence will be dealt with, if necessary, by the Courts but the Bank acknowledges that gross negligence or repeated cases of negligence may amount to unprofessional conduct. The following are, in the opinion of the Bank, the acts and omissions which, if done or made by Licensed Insurance Brokers constitute unprofessional conduct: namely any acts or omissions that breach the fundamental principles governing the professional conduct of Insurance Brokers set out in paragraph 3 below. The principles mentioned in paragraph 2 above are as follows: Insurance Brokers shall at all times conduct their business with utmost good faith and integrity; Insurance Brokers shall do everything possible to satisfy the insurance requirements of their clients and shall place the interests of those clients before all other considerations. Subject to these requirements and interests, Insurance Brokers shall have proper regard for others; Statements made by or on behalf of Insurance Brokers when advertising shall not be misleading or extravagant. The following are some specific examples of the application of these principles: In the conduct of their business Insurance Brokers shall provide advice objectively and independently. Insurance Brokers shall only use or permit the use of the description 'Insurance Broker' in connection with a business provided that business is carried on in accordance with the requirements of Proclamation No. 86/1994 Art.2(11). Insurance Brokers shall ensure that all work carried out in connection with their insurance broking business shall be under the control and day-to-day supervision of a Managing partner and he shall do everything possible to ensure that employees are made aware of this Code. Insurance Brokers shall on request from the client explain the differences in and the relative costs of, the principal types of insurance which in the opinion of the Insurance broker might suit a client's needs. Insurance Brokers shall ensure the use of sufficient number of insurers to satisfy the insurance requirements of their clients. Sufficient number of insurers shall mean more than for 50% of the license insurer. Insurance Brokers shall, upon request, disclose to any client who is, or is contemplating becoming, the holder of a policy of insurance the amount of commission paid or to be paid by the insurer under any relevant policy of insurance. Insurance Brokers shall not withhold from the policy holder any written evidence or documentation relating to the contract of insurance without adequate and justifiable reasons being disclosed in writing and without delay to the policy holder. If an Insurance Broker withholds a document from a policy holder by way of a lien for monies due from that policy holder he shall provide the reason in the manner required above. Insurance Brokers shall inform a client of the name of all insurers with whom a contract of insurance is placed. This information shall be given at the inception of the contract and any charges thereafter shall be advised at the earliest opportunity to the client. Before any work involving a charge is undertaken or an agreement to carry out business is concluded, Insurance Brokers shall disclose and identify any amount they propose to charge to the client or policy holder which will be in addition to the premium payable to the insurer. Insurance Brokers shall disclose to a client any payment which they receive as a result of securing on behalf of that client any service additional to the arrangement of a contract of insurance. Insurance Brokers shall have proper regard for the wishes of a policy holder or client who seeks to terminate any agreement with them to carry out business. Any information acquired by an Insurance Broker from his client shall not be used or disclosed except in the normal course of negotiating, maintaining, or renewing a contract of insurance for that client or unless the consent of the client has been obtained or the information is required by a court of competent jurisdiction. In the completion of the proposal form, claim form, or any other material document, Insurance Brokers shall make it clear that all the answers or statements are the client's own responsibility. The client should always be asked to check the details and told that the inclusion of incorrect information may result in a claim being repudiated. Advertisements made by or on behalf of Insurance Brokers shall be restricted to contractual benefits only. When advertising their services directly or indirectly either in person or in writing Insurance Brokers shall disclose their identity, occupation and purpose before seeking information or before giving advice. Insurance Brokers shall display in any office where they are carrying on business and to which the public have access a notice to the effect that a copy of the Code of Conduct is available upon request and that if a member of the public whishes to make a complaint or requires the assistance of the Bank in resolving a dispute he may wire to: National Bank of Ethiopia P.O.Box 5550 Fax No. 51-45-88 Telex No. 21020 Addis Ababa These Directive shall come into force as of 17th day of November 1995. November 16, 1995 _Directive No. SIB/12/1996
LICENSING AND SUPERVISION OF INSURANCE BUSINESS LICENSING OF INSURANCE LOSS ASSESSORS AND LOSS ADJUSTORS Issuing Authority These Directives are issued by the National Bank of Ethiopia pursuant to the authority vested in it by Article 41 of the Monetary and Banking Proclamation No. 83/1994 and Article 25 of the Licensing and Supervision of Insurance Business Proclamation No. 86/1994. Requirements An applicant for a license: has to be an Ethiopian national; must not have been convicted of an offence involving dishonesty or fraud, whether in Ethiopia or elsewhere; and maintain a professional indemnity insurance cover or produce property guarantee for Birr 100,000.= (One hundred thousand Birr). Qualifications Loss Assessor An applicant should hold a diploma in the field from institutions acceptable by the Bank and sufficient experience in the profession he is applying for. Loss Adjustor An applicant should hold a diploma from the Chartered Institute of Loss Adjustors or institutes with similar status who provide professional qualification in loss adjusting. Business Organization If the applicant is a partnership it has to be organized in the form of unlimited liability, and the managing partner should meet the requirements provided for under sections 3.1 or 3.2 heretofore. Loss Assessors or Loss Adjustor Licensed Outside Ethiopia Loss Assessor or Loss Adjustor licensed outside Ethiopia may engage in loss assessing or adjusting business provided he/she is authorized to do so by the Bank. Fees A person applying for a license to be Loss Assessor or Loss Adjustor shall pay investigation fee of Birr300.= (Three hundred Birr) and initial license and subsequent annual renewal fee of Birr250.= (Two hundred fifty Birr). Other Requirements An applicant shall submit: name and occupation (including date and addresses of previous employment); four passport size photographs; curriculum vitae; and duly completed application form as prescribed by the Bank and enclosures specified therein . These Directives shall enter into force as of 8th day of April 1996. April 5, 1996 (Taken from LAND LAWTEACHING MATERIAL Prepared by DANIEL W/GEBRIEL and MELKAMU BELACHEW under the sponsership of JUSTICE AND LEGAL RESEARCH INSTITUTE)
Rural Land Lease 3.3.1 General Rural land lease can also be termed as agricultural land lease as known elsewhere. However, in Ethiopia, there is another form of lease of rural land for investment purpose. The purpose of this part of the discussion is to discuss briefly the types of rural land leases recognized by Federal and Regional rural land proclamations. For the purpose of clarity we shall use the Rural land Proclamations of the Federal (Proc. No. 456/2006), Oromia (Proc. No.130/2007), Amhara (Proc. No. 133/2006) and Tigray regions (Proc. No. 136/2007). Lease is one form of land holding rights recognized by rural land proclamation. The Federal rural land administration and use proclamation No. 456/2006 in its definition of “holding rights”, among others, include lease as one form of right. Hence, rural farmers are allowed to lease or rent their land to any person who wishes to involve in the agricultural sector. (Taken from LAND LAWTEACHING MATERIAL Prepared by DANIEL W/GEBRIEL and MELKAMU BELACHEW under the sponsership of JUSTICE AND LEGAL RESEARCH INSTITUTE) 3.2.4. Sub-Leasing According to Black’s Law Dictionary Sublease is a lease executed by the lessee of land or premise to a third person, transferring the same interest which the lessee enjoys, but for shorter term than that for which the lessee holds. In Ethiopia, unless agreed otherwise, subletting a premise is in principle possible. The only requirement on part of the lessee is that he should give notice to the lessor (Art. 2957). Concerning the status of the relationship between the lessor and the lessee on the one hand and the third person who is subleasing on the other hand the code provides sufficient provisions. The relationship between the lessor and the lessee remains intact whether the lessor has consented to the sublease or not (read art. 2960). The sub-lessee is also bound to pay rent directly to the lessor, but his liability is limited only to the amount of rent payable (art.2962). Finally, a sublease shall be terminated if the principal lease is to be terminated as indicated under article 2964. 3.2.5 Termination of Lease Contract A contract of lease may be terminated for various reasons. The following are some of the reasons stated in the code:
3.2 Lease of Houses/Tenancy
This is a place where we shall discuss about lease of housing. The housing that we are talking about may be residential or commercial. In countries where the real property market is flourished these are very common systems of conveying one’s house to another renter. Yet for public purpose and social welfare reasons most counties in the western world regulate the ceiling of rent that should be paid for a residential house. In Ethiopia, there are two systems of rental: private and public. The government owns a lot of urban houses after it nationalized them using Proc. 47/1975, a proclamation to provide for the ownership of urban land and extra houses. The Rental Agency administers these houses. It puts a regulated and mostly fixed rate of rent for its tenants. On the other hand, private owners of residential and commercial houses are at liberty to put the market price for rent. This is a contract that is totally controlled by the civil code. In this section a discussion will be made based on the civil code tenancy provisions (2896-3018). (Taken from LAND LAWTEACHING MATERIAL Prepared by DANIEL W/GEBRIEL and MELKAMU BELACHEW under the sponsership of JUSTICE AND LEGAL RESEARCH INSTITUTE)
Use and purpose of lease Lease is another means of land holing system. Lease may be of private or public one. For both the state and private individuals lease is a means of income for it is also another form of land market. The income from land lease has significant part in the over all GDP of a country in general and in the real estate transaction income in particular. In the absence of an effective land taxation system, one of the means by which local governments increase revenues is through public land leasing. There is evidence that land leasing has been happening on a large scale. Some countries secure a particular place for lease purpose. For example, the city of Sydney, in Australia, is a good example. In Sydney the only means of land acquisition is lease. They call is ground lease for the state or municipality, as the case may be, transfer the ground land by way of lease. In other words, to collect rent from transfer of land by way of lease, states may reserve particular land for this purpose. On the other side of the coin, lease is a means of acquisition of land. In industry and agriculture lease is preferable since the business may not be long lasting. Some times it is easy, if not cheaper, to get land by way of lease rather than purchasing. Eve the procedure, for example in Ethiopia, is shorter and easier than land grant for land lease policy is more responsive to demand of land supply. From private lease point of view, those who could not afford to buy land from the land lords had the only choice of leasing land. |
AuthorAbrham Yohannes Archives
February 2012
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