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Decree No. 2015 - 1145 03 August 2015

Original Language Title: Décret n° 2015-1145 du 03 août 2015

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JUSTICE DEPARTMENT

Decree No. 2015-1145 dated 03 August 2015

Decree n ° 2015-1145 of 03 August 2015 ixing the composition and competence of courts of appeal, courts of high instance and courts of instance



PRESENTATION REPORT

The objective of the modernisation of justice has led the public authorities to reorganise the organisation of the public service of justice for better distribution and efficiency in order to increase its performance.

The problems of modernisation of the judicial system and its various services are in good place among the priorities of the Senegal Emergent Plan (PSE).

The repeal of Decree No. 84-1194 of 22 October 1984 establishing the composition and competence of courts of appeal, regional courts and departmental courts was deemed necessary with the adoption of Law No. 2014-26 of 03 November 2014 fixing The judicial organization of Senegal.

The new judicial organization is based on the following innovations:

-the change in the name of the basic courts;
-the new definition of the springs of the various courts of appeal;
-the creation of the criminal chambers to replace the courts
Assizes;
-the new division of jurisdiction between jurisdictions;
-taking into account the bodies of the administrators of the registries.

The Regional Court thus becomes the District Court and the District Court of the District Court.

The change in the name of the courts, guided by the concern for decoupling with the administrative organisation, is accompanied by a new division of powers.

For a better distribution of justice, the substantive jurisdiction of the Court of Justice has been extended to provide citizens with prompt, effective, more accessible and less costly justice.

Thus, it is the first instance of the disputes relating to:

-leases for residential use, regardless of the purpose of the dispute and the amount of the rent;
-commercial leases, as provided for in Article 101 of the Uniform Act on General Commercial Law, irrespective of the subject-matter of the dispute, and where the amount of the monthly rent is less than or equal to 100 000 francs.

In the proceedings before it, the Court of Instance is also competent to interpret and assess the legality of administrative decisions.
Moreover, in civil and commercial matters, that court rules first and last when the amount of the dispute reaches 300,000 CFA francs and the amount of appeal up to the amount of 2,000,000 CFA francs.

The Tribunal of the High Court also has its material competence. It is now responsible for:

-to rule on leases for commercial use, as provided for in Article 101 of the Uniform Act relating to general commercial law, where the amount of the monthly rent exceeds 100,000 francs;
-to interpret and assess, in the proceedings before it, the legality of administrative decisions.


This is the economy of this draft decree.

The President of the Republic,

Having regard to the Constitution;
In the light of the Uniform Act of 10 April 1998 on the organisation of simplified recovery procedures and means of implementation;
In view of the Uniform Act of 15 December 2010 on general commercial law;
In view of Organic Law No. 92-27 of 30 May 1992 on the Status of Magistrates;
In view of Law No. 65-60 of 21 July 1965 on the Criminal Code, as amended;
In view of Law No. 65-61 of 21 July 1965 on the Code of Criminal Procedure, as amended;
In view of Law No. 2014-26 of 03 November 2014 repealing and replacing Law No. 84-19 of 02 February 1984 establishing the judicial organization;
In view of Decree No. 2014-845 of 06 July 2014 appointing the Prime Minister;
In view of Decree No. 2014-853 of 09 July 2014 on the distribution of the services of the State and the control of public institutions, national companies and public participation societies between the Presidency of the Republic, the Primature and the Ministries, as amended by Decree No. 2015-299 of 06 March 2015;
In light of Decree No. 2014-870 of 22 July 2014 on the powers of the Minister of Justice, Garde des Sceaux;
In view of Decree No. 2015-855 of 22 June 2015 on the composition of the Government;

On the report of the Garde des Sceaux, Minister of Justice,


Decrete:

TITLE I. -COURTS OF JURISDICTION

Chapter I. -Composition and organisation

Article 1. -The President of the Court of Instance divides cases according to the needs of the service.

In the event of absence or incapacity, it shall be replaced in accordance with the conditions laid down in the Organic Law on the Status of Judges.

Art. 2. -In each instance court, a judge designated by order of the Minister of Justice shall act as an investigating judge.

Its powers are laid down in the Code of Criminal Procedure.

It may be designated several investigating judges when the needs of the service require it.

If there is only one judge at the seat of the court, he shall serve as an investigating judge.

Article 3. -It may be instituted before the court of instance a delegate of the Prosecutor of the Republic and, if necessary, several deputies, all of whom are responsible for carrying out the functions of the public prosecutor, as defined by law, under the authority of the Prosecutor of the Republic in the jurisdiction of the High Court in whose jurisdiction the seat of the Court of Instance is located.

For instance courts which do not have a public prosecutor, or in the absence of the delegate of the Prosecutor of the Republic and his deputy, public action shall be exercised under the authority of the public prosecutor, by the head of the public prosecutor's office. Jurisdiction vested with the powers of the Public Prosecutor's Office.

Chapter II. -Jurisdiction

Art. 4. -The courts of jurisdiction shall be aware of all the facts referred to as a contravention, committed within the scope of their jurisdiction.

They are also aware of offences for which the law has given them jurisdiction.

Art. 5. -The courts of jurisdiction shall be subject to civil action, jointly engaged in public action for the prosecution of offences falling within their jurisdiction, irrespective of the amount of the application.

Article 6. -Subject to the provisions of the following articles, the courts of jurisdiction shall be aware, in both civil and commercial matters, of all personal or securities acts in the last resort up to the amount of 300,000 CFA francs and the burden of appeal Up to the amount of CHF 2,000,000.

Art. 7. -The courts of instance are competent to hear, in the first instance, whatever the subject-matter of the dispute, actions relating to the contract for the rental of buildings for residential use.

The courts of jurisdiction also know, in the first instance, whatever the subject-matter of the dispute, actions relating to the lease for professional use within the meaning of the provisions laid down in Article 101 of the Uniform Act of 15 December 2010 concerning General commercial law when the monthly rent is less than or equal to one hundred thousand (100,000) CFA francs.

Within the same limits, they also know of applications for authorization, nullity or release of garnishee, even though there would be a challenge by a third party.

Art 8. -The courts of jurisdiction shall know where the causes of the seizure are within the limits of their jurisdiction:

1. Applications for the affirmative, nullity or release of seizures-attribution and opposition other than those relating to salaries, wages, salaries or periodic income;

2. Applications for a declaration of invalidity or the release of seizure on a debtor;

3. Challenges to seizure of crops on foot;

4. Garnishment challenges.

The courts of jurisdiction shall, moreover, have jurisdiction to authorize, where appropriate, the seizures referred to in this Article whose causes do not exceed the limits of their
Competence.

Art. 9. -The courts of the instance know, in the first instance and whatever the value of the dispute of all the actions relating to personal status.

In particular, they are competent to hear requests for payment, revision or deletion of support payments.

Art. 10. -In localities where there is a cadi, and, where appropriate, an alternate, these shall be integrated into the court of instance in whose jurisdiction they have been appointed.

The courts of jurisdiction may consult them in matters relating to the Family Code, before deciding on the merits, and after ordering any interim or urgent measures necessitated by the case. This consultation is mandatory where the dispute is related to the inheritance of Muslim law.

The courts of jurisdiction may refer the parties to the cadi or the alternate for an attempt at conciliation. The agreement reached is approved by order of the judge.

Art. 11. -The courts of jurisdiction shall be aware of any incidents or difficulties of proceedings or of enforcement, where the subject-matter of the dispute falls within their jurisdiction and does not exceed the sum of two million (2,000,000) CFA francs.

Art. 12. -The courts of jurisdiction shall be aware of all counterclaims or compensation which, by their nature or amount, are within the limits of their jurisdiction.

They know, moreover, as of the main application itself, of counterclaims for damages based exclusively on the principal claim, to any amount which they may rise.

Where a number of different and unrelated cases are filed by the same party against the same defendant and brought together in the same proceedings, the jurisdiction of the court of instance shall be determined by the nature and amount of the Each application considered in isolation. Where the combined claims are in the same cause or are related, the jurisdiction is determined by the total amount of these applications.

Art. 13. -The courts of instance have, in the proceedings before them, also jurisdiction to interpret and assess the lawfulness of the decisions of the administrative authorities, where this review of legality depends on the resolution of the dispute.

Art. 14. -The appeal of judgments rendered by the courts of instance in civil, commercial, personal status or simple police matters shall be brought before the courts of high instance.

The appeal of judgments rendered by the courts of instance in correctional cases reserved for their jurisdiction and on civil action jointly engaged in public action in those cases shall be brought before the Court of Appeal.

TITLE II. -COURTS OF HIGH INSTANCE

Chapter I. -Composition and organisation

Art. 15. -The President of the High Court, who may always preside over the hearing when he considers it appropriate, divides the service between the judges.

In the event of absence or incapacity, it shall be replaced in accordance with the conditions laid down in the Organic Law on the Status of Judges.

The Tribunal de Grande Instance is a collegiate tribunal composed of three judges.

The President may, in the absence of three judges available at the seat level, complete the composition by a trial judge or a judge of the courts of jurisdiction of the jurisdiction by means of a duly reasoned order.

Art. 16. -In each High Court, one of the judges appointed by order of the Minister of Justice shall act as an investigating judge.

Its powers are laid down in the Code of Criminal Procedure.

It may be designated several investigating judges in a high court when the needs of the service require it.

In the event of temporary absence or incapacity, the investigating judge shall be replaced under the conditions laid down in the Code of Criminal Procedure.

If there is only one judge at the seat of the court, he shall serve as an investigating judge.

Art. 17. -In each High Court, there is a public prosecutor in charge of performing the functions of the public prosecutor as defined by the law.

In the event of incapacity or absence, its replacement shall be provided in accordance with the provisions of the Organic Law on the Status of Judges.

Chapter II. -Jurisdiction

Art. 18. -In the first instance, the courts of the highest instance are aware of all offences other than those of the jurisdiction of the courts of jurisdiction.

They also have the fullness of jurisdiction to decide first of all the persons referred to them either by an order of the investigating judge, or by a judgment of the indictment division, for offences classified as a crime and all Other related offences.

Art. 19. -The courts of the highest instance are aware of both civil and commercial matters which are not within the jurisdiction of the courts of jurisdiction.

They are also aware of the full range of administrative disputes of full jurisdiction and taxation.

They also have jurisdiction in the proceedings before them to interpret and assess the legality of the decisions of the various administrative authorities, when this review of legality depends on the resolution of the dispute.

Article 20. -Judgments of the High Courts for matters falling within their jurisdiction shall be made in the first instance, subject to appeal.

Article 21. -The appeal of the judgments given by the High Court is brought before the Court of Appeal.

Art. 22. -High courts are judges of appeals of decisions rendered by the courts of instance in civil, commercial and simple police matters.

Article 23. -Judgments of last resort may be appealed in cassation to the Supreme Court.

TITLE III. -CALL COURSES

Article 24. -The Dakar Court of Appeal is based in Dakar. Its jurisdiction extends to the courts of the great instance of Dakar, Pikine-Guédiawaye and Rufisque.

The Court of Appeal of Saint-Louis was based in Saint-Louis. Its jurisdiction extends to the major courts of Saint-Louis, Matam and Louga.

The Kaolack Court of Appeals is based in Kaolack. Its jurisdiction extends to the high courts of Kaolack, Fatick and Kaffrine.

The Ziguinchor Court of Appeal is based in Ziguinchor. Its jurisdiction extends to the major courts of Ziguinchor, Kolda and Sédhiou.

The Court of Appeal of Thiès is based in Thiès. Its jurisdiction extends to the major courts of Thiès, Diourbel, Mbour, Mbacké and Tivaouane.

The Tambacounda Court of Appeal is based in Tambacounda. Its jurisdiction extends to the major courts of Tambacounda and Kedougou.

Art. 25. -The rooms are compulsory in college and in odd numbers.

In the event of a temporary absence or incapacity, one of the judges of the court of appeal may be replaced for the service of a hearing determined by a judge of the high court of the jurisdiction by order of the first president.

In corrections, in the event of an unannounced difficulty in establishing a chamber, the President appeals to him to sit as a member of the Tribunal of the highest instance of the jurisdiction who did not know the case.

Article 26. -Courts of appeal are aware of the appeal of judgments delivered in the first instance by the courts of high instance in civil, commercial, correctional, administrative and tax matters.

They are aware of the appeal of judgments given first and foremost by the courts of the High Court in criminal matters.

They are also aware of the appeal of judgments delivered in the first instance by the labour courts.

Finally, they shall be aware of the appeal of judgments rendered by the courts of instance in correctional cases reserved for their jurisdiction and on civil or direct action jointly engaged in public action in those cases.

In the first instance, they are aware of the electoral dispute according to the specific procedures established by the laws and regulations.

Article 27. -The first president shall establish, at the beginning of each judicial year, the rotation of the councillors in the various chambers after having taken the opinion of the Presidents of the Chamber and after hearing the Attorney General.

It divides, at the same time, the service of the different chambers between the different presidents.

It shall, under the same conditions, establish the rotation of the sessional hearings by fixing the days and hours of such vacations which are brought to the attention of the litigants by way of insertion in the Official Journal and display at the door of the Palace of Justice.

He presides over the formal sittings and general meetings. He shall also, when he deems it appropriate, preside over any other chamber.

In the event of a temporary absence or absence, it shall be replaced in accordance with the provisions of the Organic Law on the Status of Judges.

The Presidents of the Chamber shall be replaced by the advisers in order of seniority.

Art. 28. -The Secretary-General of the Court of Appeal in accordance with the directives of the first President and under his authority:

-ensures the distribution of files between the different chambers of the court;
-assists or replaces the first President in his administrative duties in the event of incapacity.

Article 29. -The composition of the indictment chamber and its powers are settled in accordance with the provisions of the Code of Criminal Procedure. The Chairman of the Indictments Chamber shall ensure the proper functioning of the investigating chambers within the jurisdiction of the Court of Appeal and shall endeavour to ensure that the procedures do not receive any undue delay.

He or she may refer the matter to the Indictments Chamber for a ruling on the detention of an accused person who is provisionally detained.

It may, for specific acts, delegate its powers to a judge of the seat belonging to the indictment chamber.

Article 30. -All functions of the Public Prosecutor are specifically and personally entrusted to the Attorney General.

Advocates-General and General Substitutes participate in the performance of these duties only under the authority of the Attorney General.

The service to the chambers of the Court of Appeal is distributed by the Attorney General.

Article 31. -Judgments rendered in all matters by the Court of Appeal may be appealed in cassation to the Supreme Court.

TITLE IV. -MISCELLANEOUS PROVISIONS

Article 32. -The rules of procedure followed before the courts of appeal, before the courts of the High Court and before the courts of jurisdiction, are in civil and commercial matters, those established by the Code of Civil Procedure, and in criminal matters, Laid down by the Code of Criminal Procedure, subject to the application of the rules of procedure laid down in the laws and regulations.

S. 33. -All jurisdictions are assisted by one or more registrars or chief registrars appointed in accordance with the statutory provisions. They are responsible for keeping the pen at hearings, keeping the minute of stops, judgments and orders, and delivering the expedition.

They may be supplemented by one or more clerks.

Article 34. -Registrars, Chief Clerks and Clerks are sworn in in accordance with legal and regulatory provisions.

Article 35. -Judgments must refer to the names of the magistrates who have given them, those of the members of the public prosecutor who have requested, that of the Registrar and those of the parties and their lawyers.

Article 36. -Courts of jurisdiction and the courts of high jurisdiction may, if required by the service, hold hearings outside the place where they usually sit.

They shall, in the course of these proceedings, rule in the fullness of their competence and with their usual composition.

TITLE V. - FINAL PROVISIONS

Art. 37. -Are repealed, any provisions contrary to this Decree, in particular Decree No. 84-1194 of 22 October 1984 laying down the composition and competence of the Courts of Appeal, the regional courts and the departmental courts, as amended.

Article 38. -The Garde des Sceaux, Minister of Justice and the Minister for the Economy, Finance and Plan shall each have responsibility for the execution of this Decree, which shall be published in the Official Journal.

Done at Dakar, August 03, 2015.


Macky SALL.

By the President of the Republic:


The Prime Minister
Mahammed Boun Abdallah DIONNE