Decree No. 2015 - 1145 03 August 2015

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

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Ministry of JUSTICE Decree No. 2015 - 1145 on 03 August 2015 Decree No. 2015 - 1145 on 03 August 2015 ixant composition and jurisdiction of the courts of appeal, the courts of instance and the report of PRESENTATION the purpose of modernisation of Justice courts has led Governments to redevelop the Organization of the public service of Justice for better distribution and greater efficiency in order to increase its performance.

The problem of the modernization of the judicial system and its various services fits prominently among the priorities of the Emergent Senegal Plan (PES).

The repeal of Decree No. 84-1194 of 22 October 1984 establishing the composition and competence of the courts of appeal, regional courts and county courts, felt that it was necessary with the adoption of Act No. 2014-26 of November 03, 2014, establishing the Senegal judicial organization.

The new judicial organization is based on the following innovations:-the change of name of the basic courts;
-the new definition of the springs of the different courts of appeal;
-the creation of the criminal chambers in lieu of the assize courts;
-the new distribution of powers between the courts;
-taking account of the body of administrators of registries.

The District Court thus becomes the High Court and the District Court Court.

The change of name of the courts, guided by the concern to a decoupling with the administrative organisation, is accompanied by a new distribution of competences.

For a better distribution of justice, the jurisdiction of the Court has been extended in order to provide citizens with a fast, efficient, more accessible, and cheaper justice.

It is judge in the first instance of the disputes:-lease tenancies irrespective of the subject matter of the dispute and the amount of the rent;
-leases for commercial use, as provided for in article 101 of the uniform act on general commercial law, regardless of the subject matter of the dispute, and where the amount of the monthly rent is less than or equal to 100,000 francs.

During the proceedings before it, the Court is also competent to interpret and assess the legality of administrative decisions.
Furthermore, in matters civil and commercial, this Court shall first and last spring when the amount of the dispute reached 300,000 CFA francs and at expense of appeal up to the amount of 2,000,000 CFA francs.

The High Court also sees its redeveloped jurisdiction. It is now qualified:-to rule on leases for commercial use, as provided for in article 101 of the Uniform Act relating to commercial law general, when the amount of the monthly rent is greater than 100,000 francs;
-to interpret and assess, during the proceedings before it, of the legality of administrative decisions.

Such is the economy of the draft decree.

The President of the Republic, pursuant to the Constitution;
Having regard to the uniform act of 10 April 1998 on the organisation of the procedures simplified recovery and enforcement;
Having regard to the uniform act of December 15, 2010 on general commercial law;
Pursuant to law organic No. 92-27 of 30 May 1992 on the status of judges;
Pursuant to law No. 65-60 on July 21, 1965, on the penal Code, as amended;
Pursuant to law n ° 65-61, on July 21, 1965, establishing the Code of criminal procedure, as amended;
Pursuant to law n ° 2014 - 26 November 03, 2014 repealing and replacing Act No. 84 - 19 February 02, 1984 on the judicial organization;
Having regard to Decree No. 2014 - 845 06 July 2014 appointing the Prime Minister;
Mindful of Decree No. 2014-853 09 July 2014 on the distribution of the services of the State and control of public institutions, national companies and companies with public participation between the Presidency of the Republic, the Prime Minister's Office and ministries, amended by Decree No. 2015 - 299, March 06, 2015;
Considering Decree No. 2014 - 870 22 July 2014 on the powers of the Minister of Justice, keeper of the seals.
Having regard to Decree No. 2015 - 855 of 22 June 2015 on the composition of the Government.

The report of the keeper of the seals, Minister of Justice, decreed: title first. -THE courts of INSTANCE chapter first. -Composition and organization section 1. -The president of the court divides affairs according to the needs of the service.

In case of absence or incapacity, it is replaced in accordance with the organic law on the Statute of magistrates.

S. 2 - in each court, a judge designated by order of the Minister of Justice performs the functions of examining magistrate.

Its functions are laid down by the Code of criminal procedure.

It can be designated several investigating judges when the exigencies of the service so require.

If there is that a single judge at the seat of the tribunal, it served as Office of investigating judge.

S. 3. - it can be instituted with the Court a delegate of the Attorney of the Republic and the need several assistants, all charges to exercise the functions of public prosecutor, as defined by the Act, under the authority of the Attorney of the Court of first instance in whose jurisdiction is located the headquarters of the Court.

For the courts which do not have Crown, or in the absence of the delegate of the Attorney of the Republic and his Deputy, public action is exercised under the authority of the Procurator of the Republic, by the head of the Court who is vested with powers of the public prosecutor.

Chapter II. -Jurisdiction art. 4 - the courts are aware of all the facts qualified contravention, committed within the scope of their jurisdiction.

They are also offences for which the law given jurisdiction.

S. 5. - the courts know the civil action, jointly committed to public action implemented for the prosecution of offences under their jurisdiction regardless of the amount of the claim.

S. 6. - subject to the provisions of the following articles, the courts have both civil commercial of all personal or securities shares ultimately up to the amount of 300,000 CFA francs and at expense of appeal up to the amount of 2,000,000 CFA francs.

S. 7 - the courts are competent to hear first spring, regardless of the subject of the dispute, actions relating to the contract of lease of residential buildings.

The courts have also first spring, regardless of the subject of the dispute, actions relating to the lease for professional use within the meaning of the provisions of article 101 of the uniform act of December 15, 2010 on the general commercial law where the amount of the monthly rent is lower or equal to one hundred thousand (100,000) francs CFA.

Within the same limits, they also know requests permission, nullity or discharge of replevin even though there is dispute on behalf of a third party.

Art 8. -The courts know when the causes of the seizure are within their jurisdiction: 1. applications in affirmative statement, nullity or release of seizures-licensing and opposition other than those relating to wages, remuneration, salaries or income periodicals;

2. applications in nullity or termination of seizure on debtors fairground;

3. disputes regarding seizure of standing crops;

4. challenges for seizure for sale.

The courts are, moreover, competent to authorize, if applicable, seizures under this section whose causes no surplus not the limits of their competence.

S. 9 - the courts know, at first instance, regardless of the value of all actions relating to the personal status dispute.

They have such jurisdiction to entertain the claims for payment, review or abolition of alimony.

S. 10 - in the localities where there is a cadi, and, if applicable, an alternate cadi, these are integrated in the Court in the jurisdiction of which they have been appointed.

The courts may consult in matters of the Family Code, before ruling on the merits, and after having ordered all urgent interim measures necessitated by the cause. Such consultation is obligatory when the dispute relates to the estates of Muslim law.

The courts may refer the parties before the cadi or the cadi shall substitute for the purposes of conciliation attempt. The agreement is approved by order of the judge.

S. 11 - the courts know all incidents or process and implementation, difficulties, when the object of the dispute within their competence and does not exceed the sum of two million (2,000,000) CFA francs.

S. 12 - the courts are aware of all counter-claims or compensation which, by their nature or their amount, are within the limits of their competence.

They know, in addition, as of the main application itself, counterclaims for damages based exclusively on the principal demand, for any amount that they can rise.


When multiple applications, from different and unrelated causes are formed by the same party against the same defendant and gathered in a single instance, the jurisdiction of the Court is determined by the nature and amount of each application separately. When consolidated applications stem from the same cause or are related, jurisdiction is determined by the total amount of these requests.

S. 13 - the courts, during the proceedings before them, have also jurisdiction to interpret and assess the legality of the decisions of the authorities, when of this review of the legality depends on the resolution of the dispute.

S. 14. - the appeal of judgments rendered by the courts of instance in civil, commercial, personal status or simple police is brought before the courts.

The call of the judgments rendered by the courts in Correctional Affairs reserved for their competence and on the civil action taken jointly to public action in those cases is brought before the Court of appeal.

TITLE II. -HIGH courts first chapter. -Composition and Organization art. 15. - the president of the first instance court, which can still preside over the hearing when it considers it appropriate, distributes the service between judges.

In case of absence or incapacity, it is replaced in accordance with the organic law on the Statute of magistrates.

The High Court ruling in collegial formation composed of three judges.

Absence of three judges available at the headquarters level, the president can complete composition by an investigating judge or a judge of the courts of the spring through a reasoned order.

S. 16. - in each court of high instance, one of the judges appointed by Decree of the Minister of Justice, performs the functions of examining magistrate.

Its functions are laid down by the Code of criminal procedure.

It can be designated several investigating judges in a Court of major jurisdiction when the exigencies of the service so require.

In case of absence or temporary incapacity, the investigating judge is replaced in the conditions laid down in the Code of criminal procedure.

If there is that a single judge at the seat of the tribunal, it served as Office of investigating judge.

S. 17 - there is, with each High Court, a Prosecutor of the Republic to exercise the functions of public prosecutor as defined by law.

In case of impediment or absence, so acting is ensured in accordance with the provisions of the organic law on the Statute of magistrates.

Chapter II. -Jurisdiction art. 18 - the high courts know first spring of all crimes other than those which are the competence of the courts.

They also fullness of jurisdiction for judging first spring persons returned before them or by an order of the judge of instruction, or by a ruling of the indictment for offences qualified as crime and all other related offences.

S. 19 - the courts have both civil commercial of all materials which are outside the jurisdiction of the courts.

They also know all of the administrative jurisdiction and tax litigation.

In addition, during the proceedings before them, jurisdiction to interpret and assess the legality of the decisions of the various administrative, when authorities of the review of legality depends on the resolution of the dispute.

S. 20 - the judgments of the high courts for matters within their competence, are rendered at first instance in support of appeal.

S. 21 - calling of judgments rendered by the courts of major jurisdiction is brought before the Court of appeal.

S. 22 - the high courts are judges of appeal of decisions rendered by the courts in civil, commercial and simple police.

S. 23 - judgments last spring may be the subject of an appeal in cassation to the supreme court.

TITLE III. -COURTS of appeal art. 24. - the Court of appeal of Dakar has its headquarters in Dakar. Its jurisdiction extends to the high courts of Dakar, Guediawaye Pikine and Rufisque.

The Court of appeal of St. Louis has its headquarters in St. Louis. Its jurisdiction extends to the high courts of St. Louis, Matam and Luga.

The Court of appeal of Kaolack has its headquarters based in Kaolack. Its jurisdiction extends to the high courts of Kaolack, Fatick and Kaffrine.

The Court of appeal of Ziguinchor has its headquarters based in Ziguinchor. Its jurisdiction extends to the high courts of Ziguinchor, Kolda and Sédhiou.

The Court of appeal of Thies has its headquarters based in Thiès. Its jurisdiction extends to the high courts of Thiès, Diourbel, Mbour, Mbacké and Tivaouane.

The Court of appeal of Tambacounda has its headquarters based in Tambacounda. Its jurisdiction extends to the high courts of Tambacounda and Kedougou.

S. 25 - the Chambers must sit in collegial formation and in odd numbers.

In case of absence or temporary incapacity, one of the magistrates of the Court of appeal may be replaced for the service of a hearing determined by a judge of the High Court of the spring by order of the first president.

Correctional unexpectedly to a room, in the event president shall be filled by calling to serve a member of the High Court of the spring had not known of the case.

S. 26 - appellate courts are aware of the appeal of the first judgments jurisdiction by the courts of major jurisdiction in civil, commercial, criminal, administrative and tax.

They know of the appeal of the first judgments jurisdiction by the courts of major jurisdiction in criminal matters.

They also know the appeal of the first judgments spring by the labour courts.

They finally know the call of the judgments rendered by the courts in corrections for their competence and on the civil or direct action undertaken jointly to public action in those cases.

They know first spring of the electoral disputes according to the specific procedures imposed by laws and regulations.

S. 27. - first president lays down, at the beginning of each judicial year, the bearing of advisors in the different rooms after taking the opinion of the presidents of Chambers and after hearing the Attorney general.

It distributes, at the same time, the service of the Chambers between the various presidents.

He established under the same conditions the bearing of the hearings of vacation by fixing the days and times of these vacations that are brought to the attention of litigants through insertion in the Official Journal and display at the door of the courthouse.

He chairs the sittings and the general assemblies. He is also Chairman, when he deems it appropriate, any other room.

In case of impediment or temporary absence, it is replaced in accordance with the provisions of the organic law on the Statute of magistrates.

The presidents of Chambers are replaced by Councillors in order of seniority.

S. 28. - the Secretary general of the Court of appeal in accordance with the directives of the first president and under its authority:-ensures the distribution of cases between the various chambers of the Court;
-supports or replaces if unable to attend, the first president in its administrative functions.

S. 29 - the composition of the indictment and its functions are set in accordance with the provisions of the Code of criminal procedure. The president of the indictments chamber ensures the proper functioning of the training firms in the jurisdiction of the Court of appeal and seeks to ensure that procedures receive no undue delay.

It can enter the indictment so that determination by it on the continued detention of an accused detained temporarily.

For specific acts, he may delegate his powers to a judge belonging to the indictment.

S. 30 - all the functions of the Crown are specifically and personally entrusted to the Attorney general.

Attorneys and general substitutes do participate in the performance of these duties, under the authority of the Attorney general.

The service with the Chambers of the Court of appeal is distributed by the Attorney general.

S. 31 - the judgments in all matters by the Court of appeal may be the subject of an appeal in cassation to the supreme court.

TITLE IV. -PROVISIONS various arts. 32 - rules of procedure followed by the courts of appeal, courts of first instance and the courts are in civil and commercial matters, established by the Code of civil procedure and criminal, those laid down by the Code of criminal procedure, the whole subject to the application of the special rules of procedure established by the laws and regulations.

S. 33 - all courts are assisted by one or more administrators of registries or chief clerks appointed in accordance with the statutory provisions. They are responsible to hold the pen at the hearings, to retain the minute of judgments, judgments and orders and to issue the shipping.

They may be provided by one or more clerks.


S. 34. - the administrators of registries, chief clerks and clerks take oath in accordance with legal and regulatory provisions.

S. 35 - judgments must include the names of the judges who made them, those members of the public prosecutor which were required, respecting the clerk as well as those of the parties and their lawyers.

S. 36 - the courts and the district courts may, if the needs of the service so require, hold hearings outside the place where they usually sit.

They shall decide, in these mobile court hearings, the fullness of their competence and with their usual composition.

TITLE v - provisions finals s. 37 - are repealed, all provisions contrary to this Decree including Decree No. 84 - 1194 of 22 October 1984 establishing the composition and competence of the courts of appeal, regional courts and county courts, as amended.

S. 38 - the keeper of the seals, Minister of Justice and the Minister of economy, finance and the Plan shall be responsible, each in relation to the implementation of this Decree which shall be published in the Official Journal.

Made in Dakar, 03 August 2015.


Macky SALL.

By the President of the Republic: the Prime Minister Mahammed Boun Abdallah DIONNE