by Valentin Siméon Zinga, Cameroon, October 1997
THEME = JUSTICE
Judges are appointed by the President of the Republic and they are presently all having an extremely hard time from various pressure groups. They put up with this sort of thing with great difficulty. As for the people - they show complete ignorance of the law.
If you want to know anything about judicial power in Cameroon, go back to the basic legal texts and to the daily operating of the legal system.
Appointments to the judiciary come under a presidential decree dated 8 March 1995. It is stipulated here, that over and above the usual conditions for anybody coming into the public service, prospective judges must have:
- A Masters Degree in law or an equivalent diploma from another country.
- A diploma from the National School of Administration and Law (ENAM).
Candidates with a law degree who are accepted by ENAM but who, after the two-years' course have not been able to obtain their diploma, are considered to be "associate members of the judiciary" and can become full members of the judiciary after an appropriate training period. They must, by then, have at least five-years' professional experience either as a lawyer, a qualified teacher in law, a sheriff's officer, a clerk of court or a solicitor. In every case, judges are appointed by the Head of State, as guarantor of the judiciary's independence. They are not obliged to follow any further training. They can, however, be selected by the Justice Minister, as he thinks fit, to follow up- dating courses (mostly sharing experiences with their seniors).
A judge is a civil servant, appointed by the President, who, in fact, has everything to say concerning the judge. This is directly opposed to the Constitution, which clearly spells out the independence and separation of the judiciary from the executive and the legislative powers. Being a civil servant means a Cameroonian judge can only dream about not being moved. There's a current practice in vogue, whereby a civil servant can be replaced, in a more or less astute manner, by another. This means a judge can be "eased out" from a case.
Wherever he works, a judge is paid according to the civil service scale. In 1993 came the Structural Adjustment Programme, and judges, like any other civil servant, had a drastic 65% reduction in their salaries. But on 22 January 1997, a presidential decree brought about a number of improvements. Judges now receive a "special allowance" in addition to their basic pay. This varies from 30,000 CFA francs per month, to 130,000 CFA francs per month, ranging from magistrates to Supreme Court judges. The same decree gives them free housing. Those judges who do not have an official residence, receive a special monthly housing allowance, of anything between 50,000 and 200,000 CFA francs. The public purse also pays their domestic telephone, water and electricity bills.
The Supreme Court president and the Attorney-General received what can only be described as "spectacular" treatment. Their monthly salaries were multiplied tenfold! (Presently, they receive 1,150,000 CFA francs, and 1,050,000 CFA francs respectively). Both of them can have a secretariat, an official car, a personal bodyguard and private hotel accommodation (running costs here can be anything up to 750,000 CFA francs each quarter) plus a vehicle and three servants. The State looks after their domestic telephone, electricity and water bills.
Judges were delighted with the Head of State's decisions. But not all sections of public opinion and the independent Press were so effusive in their welcome. Many were astonished that the pay increases were given just a few months before the parliamentary elections - elections which were thought to be giving the ruling Democratic Rally of the Cameroonian People (RDPC) a certain number of headaches!
Paul Biya was suspected of trying to mollify the judiciary, especially the Supreme Court justices, who, according to the Constitution, should form a Constitutional Council ("should", because as yet, they have not yet been asked to do so). A Constitutional Council is important in the electoral process: It promulgates the results; it can cancel the elections, either wholly or in part. In spite of all the election frauds discovered by the Opposition during the 17-18 May parliamentary elections, only three constituencies out of 74 had their results cancelled - which just goes to show that those who criticise the present set-up, are not all that wrong!
Another category of judges (e.g. Examining Magistrates), serves with the Attorney-General's Office. They follow the same training programme as their colleagues "on the Bench". It's usual for judges to begin their career in the Attorney-General's Office. They receive the same salary arrangements as judges on the Bench, but when it comes to responsibility, they are answerable to a legal hierarchy which stretches down from the Head of State, the Assistant Attorney-General, via the Justice Minister, the Attorney- General's staff and the Attorney-General. Because of this, they can't shut their eyes as to what's happening around them (Politics, religion, ethnic situation all have to be kept in mind). The same applies to the police who prepare the cases for the Examining Magistrate. Because their careers are to a large extent controlled by the Executive, the police make certain that nothing rocks the boat.
Judges on the Bench, however, are free to make their own decisions and are answerable only to themselves and their consciences.
There are a number of safeguards against arbitrary arrest:
- A suspect can only be kept in custody for a limited period - 24 hours, which period can be renewed twice by the Attorney-General or his deputy;
- A suspect can take out a counter-summons against his arrest.
In any case, anyone under arrest needs the help of a lawyer, chosen and paid for by himself. (Law of 15 July 1987).
There are many obstacles to the correct administration of justice.
- 1. The omnipresence of the Executive over the judiciary.
- 2. Judges are under severe temptation to fall victim to the "demon money".
- 3. There are ethnic and religious pressures which judges find hard to resist (and they're the first to admit this). "Even if we're able to guarantee the free administration of justice, we've always got the thought at the back of our minds that "they" (i.e. the Executive) are looking over our shoulders. We can't escape this mentality".
- 4. Most people can't afford court costs. Professor Eboussi Boulaga says in his book: Transitional Democracy in Cameroon: "Taking a case to court can cost as much as 100,000 CFA francs; then there's the necessary expert information which has to be gathered which could cost as much as 150,000 CFA francs; and of course there's a tax to be paid - at least 18,000 CFA francs. A lawyer will cost you at least 300,000 CFA francs and a barrister 50,000 CFA francs minimum. Obviously, under these conditions, access to the courts is reserved to the privileged few".
People are ignorant about the law and their rights. (e.g. How many know that they can have legal assistance if they can't afford to pay for a lawyer). A lot still has to be done to ensure that one day, true justice sees the light of day in our country, Cameroon.
END