Apparent Report
Apparent Report
DEPARTMENT OF LAW
ID NO: 0041/11
Above all I thank God; nothing can be done without his will. Next I want to express my gratitude
to the university of Bonga ,department of law which gives me this opportunity in due my
course . Next I would like to thanks the south west regional state kafa zone high court for their
kindness of accepting my request in applying my extern placement, support, encouragements,
patience, kindness and guidance through this externship’s work. Thank you for inspiring me to
do the best
I am thankful to my families who are always on my side by supporting and encouraging me and
contributed a lot in my life.
Introduction
The externship was carried out with in kafa Zone High Court. As this institution is part and
parcel of one of Ethiopian judicial organ, my legal practice is concentrated on activities of courts
like hearing or deciding of cases and judgeship at the beginning of the externship. I have
formulated several learning/ practicing goals based on the general objectives of the externship
program some of the objectives which I want/ expected to achieve:
Generally externship programs is considered as one core program of law schools to sharp
students’ knowledge, skill and attitude by paving ways to analyze , interpret and practice laws .
For this graduating law students are required to attained this program at the final year of their
legal study so as to:
Kafa zone high court entertains both criminal and civil case through principal and subsidiary
jurisdiction. Even if the court entertain a case through principal jurisdiction, however as per art.
20 (6) of the constitution: All persons have the right of appeal to the competent court against an
order or a judgment of the court which first heard the case. In line with such provision the kafa
zone high court also entertain a case through subsidiary jurisdiction (appeal). Such court also has
constitutionally delegated power to entertain a federal matter. As per art. 80 (4) of constitution
State High Courts shall, in addition to State jurisdiction, exercise the Jurisdiction of the Federal
First-Instance Court.
The kafa zone high court have the following objectives, those are, rendering of justice to the
people, to create good working environment in the court, to create good relationship between the
judge and the client, to give decision in the fastest way, to handle the customer in the proper
manner, to apply laws in the true manner, to respect the rule of law and the other, to respect and
protect the constitution of FDRE.
1.2. 1.The strong and weak side of the kafa zone high court.
1.2.2. The strong side.
On weekly basis there is awareness creation in the court hall, by the judges of the court. The
people learn about the right and the duties, where in the bench and before judgment, after
judgment and during execution. The effect of failure to do the duties and other event. The
judges have also teach about the preparation of statement of clam and defiance, this duets of the
Judges have not optional rather it is mandatory. The judges who employed in this court have
work based on laws, equity and evidence. The judge’s work in this court was discuses on
debatable issues each other and they solve themselves the problems related with laws. The other
strong side of this court is that the judges and other supportive workers with in the court have
been strong social relationship, including the presiding judges, if so they have cooperated among
themselves to render speedy and cheapest justice to the society, they serve cooperative the
society.
The judges who sit in both criminal and civil bench always discussed each other on issue of fact,
issue of law, on every case which came to every judge, these help for the delivery of effective
justice, since the right to access to justice is one of the constitutional right of people.
Some judges in the court have no good attitude towards the client, they use abusive words to the
client, they consider the farmer are totally ignorant and have no knowledge. Among the days
which I attend in court one judge say the client, go out, go out, go out .It was the day what I have
shocked, so this was the weak side of the judge regarding to treatment of client.
Some of judges do not know the updated proclamation and directive enacted by the federal
and regional government. So these may became most of the time the ground of appeal. So the
litigant faces for waste of time and excessive coast.
This office checks for the technical defects of pleadings and analyze cases under the role of
supportive officers. Additionally an exposure to learn how technical sufficiency of the pleadings
is checked based on Art.222 and 223 of c.p.c and also how the technical sufficiency of the
charges and the existence of a cause of action, which is requirement under Art.222 (1) (f) of
cr.p.c. However, in practice as I have observed the role of registrar is not limited to the checking
of technical requirement of pleading, it goes further by checking the legal requirements of
pleadings.
In short what I want to say is the law and practice not the same with regard to the role of registrar
office because as provided in law particularly in civil procedure and criminal procedure code the
technical requirements only checked by registrar office and the legal aspect of the pleading is
checked by the judges but this is not in practice in the kafa zone High court as I observed.
Additionally, I had been a great chance to communicate and grasp their knowledge of
experience and also it built our confidence to express our self in front of the honorable judges. In
general, we had been working there with a great excitement and pleasure. The other thing is we
also have got a chance to see a lot of dead file document, when we had free time. That also a
good opportunity to imitate the judges of high court in order to analyze and evaluate the case we
had been given. As well as we had a chance to attained trial in mean time, in the absence of
official duties. To this effect, we followed many criminal and civil cases, which gave us a good
knowledge of trial proceeding and practice kafa zone High Court.
Similarly I have seen appeal cases in criminal benches which puts simple or rigorous
imprisonment , bodily injury cases, violation of trafficking laws…….etc.
The task what I have done this observation is to draw my first perception is what the court looks
like from its previous works. And this observation also puts light to me on how the judges
perform their judicial task. And also shows to me the weak and strong part of lower court’s
decision making ability.
Generally this observation enables me to easily identify relevant facts of the case, framing of the
relevant issue that makes the party at dispute and relief sought / demand. In attending this
observation have gained a good knowledge and makes me to remind my class lecture and also
what seems law in paper and in practice.
Generally in this stage the stage answers what the law on paper is practice before the court as
compare and contrasted to theoretical conceptions of the law. Totally it is interesting to me since
it show to me how the procedural laws apply in practice
1.4. The challenge and opportunity that I faced in the institution ( kafa
zone high court )
Experience I obtained in kafa zone high court
There a lot of experience obtained while I was worked in the court for two months obtaining
knowledge about what the practice looks like, what the client looks like, how the brief are made,
what was the practical procedure from opening of suit up to closing of suit. I adopted the court
environment, the attitude of the client and the customary practice of the society and others.
Specially these externship program give me an essential confidence which is a necessary
requirement required from every judge.
Before externship programmed, I already know about law in theory, this programmed was
important, it help me to know how the practice look like. It important to understand the
interaction between law and the practice, conducting case brief by myself and with judge, create
opportunity to examine witness. In general, I obtained a lot of experience in the court especially
the judges that I worked with them.
Even if there are a number of judges which they have high degree of socialized character but
there is also a judge do not have the quality of being sociable. A field of law by itself required
sufficient communication on issue of fact and issue of law if not it will affect the justice system
of the country. One of the challenge what I have faced during externship program is some
judges are very strict and to be sociable they have less initiation.
Challenge to the institution
The institution has so many challenges, among these challenges, some of them are:-The
institution has the problem of materials starting from: court paper, chair, bureau, law books,
cassation decisions and the like. Moreover there is also a problem of intervention by the persons
and institutions for example female affairs, the government officials, city administrators and the
president of the court in the work of the judges. Lack of uniformity interpretation of laws, the
problem of incompetency of judges are among the challenge which the north Gondar high court
faces.
Chapter two
2. The legal Gap between the Law and the Practice
2.1. The gap between law and the practice in civil bench
Examination of witness in the court.
Examinations of witness are the most important weapon to elicit the truth. However, this will be
true if and only if properly done or applied as per the law (article 261ci.pr c and142 cr.
Pro.code). There are three form of questions namely, examination in chief, cross examination
and re-examination. It is the principle of evidence that the party who bears the burden of proof
has the right to begin his quotation shall only be open ended but cannot ask leading
quotation .The witness are also cross examine by the opponent parties can ask leading quotation
and lastly, the witness will be re- examined by calling parties, however at any stage if it is un
clear the court also ask quotation of clarification. From this we can understand that the law in
paper and the practices in kafa zone high court seem similar.
Brief of case
During the time I have stayed in civil bench I have seen the situation of carelessness, since in
high court every bench there is at least three judges. The rational became three judge in every of
the bench in court is to create more discussion among the judges with regard to issue of facts
and issue of law and to pass effective judgment. These help for the prevalence of justice system,
even if the objective of sitting three judges in every bench is having the above rationality but the
judges in the bench haven’t give more attention during case brief (discussion with the case
among judge before judgment). These will harm the justice system of the country, and it will
also harm the right to access to justice one of the constitutional right of people.
Arresting police officer is not willing to bring the arrested person with in 48 hour before the
court. The redundant reason that arresting police officer bring while the court ask the reason why
let are, ‘we have matting, lack of human resource and other reason, sometimes arrested persons
stay in police station more than two weeks without bring to court . Such reasons cannot justify
for breach fundamental human right.
Most arrested persons are arrested in the police station more than two weeks before reach to the
court. I think the police did not know what are the fundamental right of the person and their duty,
not to breach those rights. The court and public prosecutor halt this problem by making liable the
police officer civilly and criminally for breach of 19(3) of FDRE constitution. More over create
awareness to the arrested person to claim the right to be brought before the court with in 48 hour
and instituted charge against police officer who infringe their fundamental rights.
To solve such problem the government has to create awareness and give training to the police
officer, the judge, the public prosecutor and the community and other organ.
The more you have money the more you will be successful. Our society developed the proverb
‘’money makes money thing ‘’ Amharic, birr sinager fth zm yilal’’ e.t.c. Such practice
endangers the justice system, consequently create chaos and disorder. To avoid such problem
everyone must be participate and the government has to be great emphasis to avoid such grave
problem.
2.3. Case Analysis and Commentary
Chapter three
3. Reflections on the Outcomes of the Externship
3.1. Introduction
In this chapter the paper discus abought achievements, challenges and solutions in my stay in
the host institution. In my stay honestly achievements are materialized even if I face different
difficulties and averting solutions opted to combat defeating challenges. I my stay I achieved
my learning goals by changing theoretical part of my study in to practical one.
3.2. Achievements
My stay in the host institution pave the way to decide, attained court observations, trying /
entertaining the case, case brief, analysis and interpretation by applying the relevant substantive
and procedural laws or the mean task I have tried to understand was how to identify relevant
facts, examination of evidences, application of relevant laws after deep analysis and
interpretation and pass a balanced fair judgment for parties in dispute. My stay also helps me to
solve different difficulties and helps me to communicate with different persons who are differ
from me both age and knowledge. In general in this externship I have done what is expected
from me.
Even If, I have learned the above knowledge / skills it is difficult to become adequate/ competent
to easily solve legal problems within two month practice since it needs time to develop a full
scale practical knowledge.
Finally, I have learned/ understand that in order to be competent judge / lawyer it demands a
great effort which I shall invest and improve my skills in the future in order to be competent
judge/ lawyer.
As I try to show in the introduction part of my paper one of the aim of externship apparent is in
order to be capable to solve legal problems in real life situations so this chance creates to me to
develop my theoretical knowledge of law in to practical one and which helps me even if I am not
perfect to some extent I can solve any legal problems in real life situation.
Generally my stay in the host institution beyond giving chance to implement the law in paper in
to practical it makes me to have more confidence than my past life and I also participate in the
social life of the staffs.
During my stay in the host institution I get a chance to communicate with peoples who were
above me by age and knowledge like communication with president of the court, judges, public
prosecutors, advocates, clients and with other legal professionals. In addition to this I have also
get a chance to communicate with other administration officials.
My stay in this institution also have a contribution in order to have legal ethics mean as we
know during solving legal problems in the society we lawyers should be ethical so long as the
law demands it then ethics is a crucial aspect in advancing the role of the law in the society .
Then my stay in this institution makes me to apply/ follow law of legal ethics in practice during
and out of court activities.
In my stay in this host institution shows me different behaviors of judges within one court room
mean both in criminal and civil bench even if the majorities love their profession and done their
work with full capacity and try to invite me to have courage to do my work there are some few
judges who have no face of loving their professions they simply work for survival ship not to
give justice to the society they consider that their work imposed on them and also they try to
make me to dislike my profession by showing different problems of my profession . In such
time I did not feel good to the profession.
Chapter four
4. Conclusion and recommendation
4.1. Conclusion
The kafa zone high court has two divisions those are civil, and criminal benches. The
civil bench has one court room, the criminal bench has one court room.
In my extern ship program I was attending with the civil and criminal benches. I the first one
month and I was attained in civil bench and the remaining one month I was attained in criminal
bench. I was observed how the case was exhausted, saw the dead file, and haw the case dispose. I
was done the technicality of statement of claim, ordering summon, attaching statement of
defense, precede oral argument give answer to the preliminary objections, framing issues, and
hearing of witness and give final decision. I was given teaching for client of the court in the court
waiting room create legal awareness collaboration with the court management. Moreover, I was
consulting individual client haw statement of defense and claim prepare haw to conduct
examination to their witness and opponent witness in morning in the court hall and other. I was
introduced to produce to practice, understand what the practice looks like. These were
advantageous to me, so far after a couple of months will graduated and become a true lawyer.
The kafa zone high court is one of the Ethiopian courts which experience relatively high
case load, because these court entertain a case through principal jurisdiction and since appeal is a
constitutional right the court have subsidiary jurisdiction through appeal in most of the time. In
my stay in court there is huge case load. Therefore I have seen such redundancy of adjournment
and excessive dalliance.
To begin with arrest is an exception since it is against the fundamental human right; the right
to Liberty Art.17 of FDRE constitution any restriction on it is limited and restricted by the law.
That is why Art.19 (3) of the constitution provide ‘’arrested person have the right to be brought
before the court within 48 hours of their arrest’’. However what I am observed in kafa zone high
court practice is against law, art. 19(3) of the constitution.
There a lot of experience obtained while I was worked in the court for two months
obtained knowledge about what the practice looks like, what the client looks like, how the brief
are made, what was the practical procedure from opening of suit up to closing of suit. I adopted
the court environment, the attitude of the client and the customary practice of the society and
other. Specially these externship program give me an essential confidence which is a necessary
requirement required from every judge.
A field of law by itself required sufficient communication on issue of fact and issue of law if
not it will affect the justice system of the country. One of the challenge what I have faced
during externship program is some judges are very strict and to be sociable they have less
initiation.
The problem of intervention by the person and institutions for example female affairs, the
government officials, city administrators and the president of the court in the work of the judges.
Lack of uniformity interpretation of laws, the problem of incompetency of judges is among the
challenge which the kafa zone high court faces.
4.2. Recommendation
Recommendation to the institution (The kafa zone high court)
In order to fulfill the required knowledge and the skill of the judges the
institution should conduct case brief .The institution should organized
case brief committee whose function is check the decision the judge
and assess their legality. The institution should have created awareness
about laws to the client.
The institution should have been give technical training to judge about
the different laws of the federal and regional law.
The institution should create access to different laws and cassation
decision by opening library in the court to be every law of the country
accessible. The institution should have been fulfilling transport access,
computer stationary to the judge i.e. for the delivery of fair decision.
The institution should have create smooth relation with judge each
other and with the president of court. So far justice comes up through
coordination.
The law department should form linkage with such institution in a proper
manner.
The law department should design the way of follow up the internee.
The law department should create awareness for internee before the student go to
the court placement.
Monthly salary of the internee should be paid on time; during my externship
payment is made after a month.
Reference
Law
The Constitution of the Federal Democratic Republic of Ethiopia, Federal Negarit
Gazeta, Proclamation No. 1/1995, 1st Year, No. 1, Addis Ababa, 21st August, 1995.
The 1960 Civil Code of Ethiopia, Negarit Gazeta, Proclamation No. 1 of 1960, Addis
Ababa, 1960.
Civil Procedure Code of the Empire Of Ethiopia, Extra ordinary issue No. 3 of 1965,
NEGARIT GAZETA, 25th Year No 3 , Addis Ababa,8th October ,1965