What are the major legal systems of the world?
We have the common and the civil law
What are the Differences between Common Law and Civil Law?
- Common law is English law and it originates from England whereas Civil law is French law and it originates from France.
- Common law makes use of jurisdictional duality whereby cases concerning both administrative and individuals are judged in the same court using the same laws. But Civil law makes use of jurisdictional duality whereby there are two separate laws to judge administrators and individuals.
- With Common Law, every accused person is considered innocent until proven guilty before the court of law. But with Civil law, every accused is guilty until proven innocent before the court of law.
- Common law is judge-made laws whereas Civil law is written laws.
Sources of Law
Here we are referring to where laws come from in Cameroon.
1. The constitution:
This is the highest law of every country in the world. It is the law that every other law take its rise from. By general principle, no law in the country is permitted to go contrary to the constitution.
- The Legislation:
These are laws established by parliament by virtue of article 26 of the Constitution, Laws made by the executive arm of government by virtue of article 27 of the Constitution and international treaties signed by Cameroon. - Judicial Precedent:
it is also referred to as judge-made laws. common law recognises judgements of superior courts as law to be followed by inferior courts. But Civil law doesn’t recognize judicial precedent as a source of law. - Customary Law (laws from tradition, beliefs, family):
In Anglophone Cameroon, section 27 (1) of the Southern Cameroon High Court law of 1955 provides for the recognition and enforcement of customary law in Cameroon. - Legal writing:
This constitutes books written by highly qualified authors in law. what they publish in their books can influence the lawmaker.
What is the difference between Decree and Ordinance
A Decree is law made by the president of the republic by virtue of article 26 of the constitution. Decrees are usually used to implement or enforce existing laws.
But,
an ordinance is a law which is initially supposed to be made by the parliament but because of circumstances, beyond the parliament, it is made by the president of the republic in place of the parliament. It is subjected to parliamentary approval thereafter.
What are the Fundamental Principles of administration of Justice in Cameroon?
The administration of justice in Cameroon is guided by 5 principles namely:
1. Public Administration of Justice:
article 6(1) of the judicial organization of law in Cameroon states, “Justice shall be administered in public and judgement delivered in open courts.”
- Reason judgment:
Article 7 of the 2006 judicial organization of law in Cameroon states that every judge passing a judgement in Cameroon must state a reason for a judgement based on the facts and the law. - Justice is rendered free of charge.
Article 8(1) of the 2006 judicial organization law states that justice shall be rendered free of charge except for payment of stamp duties.
Judges and other judicial staff are civil servants paid by the states. - Unity of Civil and Criminal Courts:
unlike other countries of the world, the same court in Cameroon judge both civil and criminal matters. In contrast, in the Anglo-Saxon world, civil courts are different from criminal courts, civil judges are different from criminal judges. - Decentralization of the court system:
All courts are highly decentralized in a way that no judge gives instructions to judge to another court. Each judge is independent and this helps to bring justice close to the people.
Differences between Civil and Criminal Responsibilities
- Criminal Law is aimed at preventing harm against the society as a whole whereas, civil law is aimed at preventing harm against an individual.
- Imprisonment and fines are the punishment for violation of criminal law whereas compensation in terms of money is the punishment for the violation of civil law.
- what is at stake in a civil trial is the wealth of the defendant while what is at stake in a criminal trial is the liberty of the accused.
- Parties to the criminal matter are called the prosecutor and the accused where as parties to the civil matter are called the plaintiff and the defendant.
What are the 3 Categories of offenses in Cameroon?
- Simple Offences: these are offences like urinating and dirtying the street. The punishments for this offense are 1 - 10 days in prison.
- Midemeanuous: These are offences like theft, and scamming which have a sentence of 10 days - 10 years in imprisonment.
- Felonies:
these are the most serious offences in Cameroon and anyone who commits these crimes will go to fail from 10 years to life imprisonment.
An example of this offense is murder.
What are the Classifications of Courts in Cameroon?
There are two court systems in Cameroon namely traditional and modern courts.
Traditional systems will judge cases based on people’s traditions and beliefs. there are two types; Alkali and customary courts. Alkali courts will judge cases concerning only parties practising the Muslim faith. They make use of Sharia law and Islamic principles.
Modern law courts in Cameroon are classified into 3 categories namely:
- Original Jurisdiction court: that judges cases for the first time based on law and facts.
- Appellate Jurisdiction Court: These are superior courts which judge cases for the second time. Judge cases at the level of appeal. They do not necessarily go into all the facts of the case.
- Special jurisdiction courts are courts that judge only special matters or when they judge matters, they can not be judged again.
What are the courts with original Jurisdiction
- Court of First Instance:
The area of jurisdiction is a sub-division. the composition of this court are
- the president
- one or more magistrate
- the registrar in chief
- registrar - state council
- two labour assessors.
The court of first instance is competent to judge the following cases:
* All criminal offences, punishable for up to 10 years imprisonment and a fine of 25000frs and above.
* All civil, commercial and labour matters that the value of claim for compensation is equal to or less than 10 million frs.
* it is competent to judge felonies committed by minors without the assistance of adults.
- The High Court:
The area of jurisdiction of the High Court in Cameroon is a division. it is located in the administrative head quarters of the division. there are 58 divisions, implying that there are 58 high courts in Cameroon.
It is a composition of;
- A president, - one or more judges, - A registrar in Chief - Registrars, - State council - one or more assistant state council - two labour assessors in labour matters.
It is competent to judge the following matters:
* All criminal matters whether simple offence misdemeanours or felonies.
* All civil, commercial and labour matters with the value of claim for compensation above 10 million frs.
* All matrimonial or family law matters.
* All applications to release of people illegally detained this is know as Habeas Corpus.
* to issue injunctions ( this is the order of the high court to the individual to stop doing what he or she is doing)
Appellate Jurisdiction Court
these courts judge cases at the level of appeal. they judge cases that have been judge by the court of original jurisdiction.
There are only two courts in Cameroon with appellate jurisdiction in Cameroon;
- Court of Appeal:
the area of jurisdiction of the court of appeal is a region. there are 10 courts of appeal. It judges cases coming from the original jurisdiction within the region.
Its composition is as follows:
- A president
- one or more judges - A senior state council (PG) - one registrar in chief, - registrars.
At the legal department,
- a senior state council , one or more advocate general, one or more deputy senior state council.
Article 21(1) of the 2006 judicial organization of law provides that all cases falling within the jurisdiction of the court of appeal shall be judged by three judges who are members of the court. however, one of them shall make a ruling on behave of the court.
the court of appeal is competent to judge the following cases:
* all appeals coming from the customary courts, the alkali, court of first instances and the high court within the same region
* All appeals coming from the military tribunal.
* all masters against the majestry.
Anyone who is not satisfied with the judgment of the court of appeal can go on appeal to the Supreme Court.
- Supreme Court:
this is the highest court in Cameroon. There’s only 1 located in Yaounde.
section 7(1) of law number 16/2006 in the organization and functioning of the supreme courts states it shall comprise of 3 benches. - Judicial, administrative and audit bench.
section 8 of bill number 1012/PJI/AN to modify provisions of 206 law on the organization and function of the Supreme Court and has added the common law division to the judicial bench. the judges appointed here must have an Anglo-Saxon legal background.
It comprises of 15 judges which 6 are permanent and 9 are alternate judges.
The judgement of the supreme court is final and not subjected to any appeal.
Special Jurisdiction Court
These are courts that only handle special matters. Once a matter is judged here, it cannot be appeal. These courts are The military Tribunal court, the Constitutional Council, the Special Criminal Court and Common Court of Justice.
- The Military Tribunal (Military court):
The law governing the organization and functioning of the military tribunal in Caemroon is law number 2008/i015 of december 19 2008. Section 3 states the military tribunal shall be set up in each region but depending on the need of service, the head of state may set more military tribunal or extend the area of jurisdiction of the tribunal to serval regions. North west region and West region for the longest time shared one military tribunal, it is also provided for by the law that the military tribunal in Yaounde shall have national jurisdiction.
it has the following constitution:
- the president, one or more service president
- two assessor in chief
- a state council, - an examining magistrate.
the military tribunal is competent to judge the following cases:
* offences committed by the military,
* offences committed by civilians within military establishments
* arm robbery
- Special Criminal Court:
Section 4 of the 2011 law provided that the court is competent to hear and examine cases of misappropriation of public forms by individuals especially public servants. This court brings justice to person who have missappropriate public funds >= 50 million frs CFA. cases < 50 million are handled by the high court. It should be noted that the advocate general to the court can be on be half of the minister of justice issue a Nolle Prosequi at any stage in a course of the trial. Nolle prosequi is a legal phrase which means “we shall no longer prosecute or stop persecution”
it has the following composition:
- a president, - one or more vice president, - one or more judge, - one or more examine magistrate, - an advocate council, a registrar in chief - one or more registrars.
- Examining Magistrate:
this is an institution provided for by section 24 of 2006 judicial organization law. this section states taht the examining magistrate shall be a magistrate of the bench, that shall however not be competent to judge a matter on which he carry out preliminary investigations.
Preliminary investigations is composary for all felonies but optional misdemeanours and simple offences.
The examining magistrate shall be assisted in the course of his function by a registrar. he can grant on his own grant bail. he has 5 days to decide on any application for bail. silence by the examining magistrate on any application shall be consider as rejection after 5 days. The applicant is free to appeal against the refuser.
the examining magistrate shall close preliminary investigations by either a committal order, transmitting the case to the competent court or by a no-case submission or a judgment declining jurisdiction as the case may be the examining magistrate can issue all kinds of warrants.
The area of jurisdiction of an examining magistrate is equal to that of the court to which he is attached.
