Tag: House of People’s Represenatatives

Statutory Definitions | Ethiopian Legal Brief

Statutory Definitions | Ethiopian Legal Brief.

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Statutory Definitions, is a new page added to the blog. It is placed next to the About page on the Home menu. It contains alphabetical list of some statutory definitions.

The statutory definitions are taken from a compilation titled “Dictionary of judicial and Statutory Definitions of Legal Terms” (Unpublished, 300 Pages). The compilation comprises of all words and phrases defined by the House of People’s Representatives and the Council of Ministers. It also includes judicial definitions by the Cassation Bench of the Federal Supreme Court and definitions found in the CODEs.

Brief note on how to use:

1.      Abbreviations

P=Proclamation

R=Regulation

Hence:

(P331/03) is to mean Proclamation Number 331/2003 and (R17/97) stands for Regulation Number 17/1997.  A Table of Legislation is provided in the compilation to identify the full title of proclamations and regulations.

2.      Terms having similar definitions are separated by a comma. For instance, the statutory definition for academic staff is provided in the following way:

Academic Staff

(R60/99, R61/99, R62/99, R63/99, and R68/01) means any employee engaged in teaching or research activities

This indicates that academic staff is defined similarly in regulations number 60, 61, 62, 63 and 68.

3.      When one word is defined differently, the definitions are listed in their order of publication on the relevant statutes.

For instance, here is how the definitions of ‘beneficiary’ are listed.

Beneficiary

(R91/2003, R154/2008) means a student at a public higher education institution pursuing higher education or training and who has entered into an obligation with the concerned institution for the future payment of the cost of his/her education or training and other services

(P653/09) means a Head of State or Government, Senior Government Official, Member of Parliament or Judge who is enjoying or entitled to the rights and benefits under this Proclamation

(P690/10) means a person entitled to receive the benefit packages under the social health insurance scheme

(P714/2011) means a public servant or his survivor who receives benefits or fulfils the conditions for receiving benefits in accordance with this Proclamation

(P715/2011) means an employee of private organization or his survivor who receives benefits or fulfils the conditions for receiving benefits

(P780/2013) means a person who receives benefits or profits, or is designated as the recipient of funds or other property 

This shows that similar definitions are provided for beneficiary in regulations number 91 and 154. However, the term is defined differently in proclamations number 653, 690, 714, 715 and 780.

  1. No changes have been made to spelling and grammatical errors that appear on the statutes. However, when such errors are likely to create ambiguity, an alternative spelling has been provided. The word or phrase with a spelling error is also included in within a bracket.

For instance let’s have a look at the statutory definition of Rights to Lien:

Rights to Lien (P372/03) it is a preferential rights of the warehouse man over the goods stored in a warehouse or over the pledgee [pleadgee] of warehouse receipts [recipts] or over the bailer or his transferee on the proceeds earned from sale of the goods, in relation to the cost incurred pursuant [persuant] to the provision of this proclamation to store, deposit prepare pack, transport, insure and for Labour and professional work and incurred to properly [preperly] handled the goods and sale including [includily] the unpaid and remaining warehouse cost

The words pleadgee, recipts, persuant, preperly, includily all appear on the legislative text (i.e. proclamation number 372/03).

Legislations update (August-September 2014)

Here are some of the proclamation and regulations enacted during the month of August and September 2014.

Remember you can receive this and other up to date legislation through your email by becoming a member. Click HERE to get further information and details about registration.

Proclamations

Proclamation No. 839-2014 Classification of Cultural Heritage into National Regional Cultural Heritages Proclamation   DOWNLOAD

Proclamation No. 861-2014 Higher Education (Amendment) Proclamation DOWNLOAD

Regulations

Regulation No. 310-2014 Ethiopian Toll Roads Enterprise establishment Council of Ministers Regulation DOWNLOAD

Regulation No. 312-2014 Investment Incentives and Investment Areas Reserved for Domestic Investors Council of Ministers (Amendment) Regulation DOWNLOAD

Regulation No. 313-2014 Ethiopian Investment Board and the Ethiopian Investment Commission Establishment Council of Ministers Regulation DOWNLOAD

Regulation No. 315-2014 Adama Science and Technology University Establishment Council of Ministers (Amendment) Regulation  DOWNLOAD

Regulation No. 316-2014 Ethiopian Water Works Construction Enterprise Establishment Council of Ministers Regulation DOWNLOAD

ጥቂት ስለ ህጎች ተደራሽነት

ዳኞች በተሻረ ህግ ውሳኔ ሰጥተዋል የሚባለው የጭምጭምታ ወሬ ከተራ ሐሜት ወደ ቁንጽል እውነት የመሸጋገሩ ነገር ከተገቢ ጥርጣሬ በላይ ባይረጋገጥም በአዲስ አዋጅ መዘግየት ምክንያት ፈጣን ፍትህ ለመስጠት መቸገራቸው ግን ገሃድ የወጣ ሐቅ ነው፡፡ አልፎ አልፎ የሚያጋጥም ቢሆንም ክስተቱ የአገሪቱን የህግ ሥርዓትና የህግ የበላይነት ጥያቄ ውስጥ የሚያስገባ ጥቁር ነጥብ ነው፡፡ ከሁሉም በላይ አዲስ የወጣ ህግ እንዲደርሳቸው የሚገባው ፍርድ ቤቶች ቢሆኑም እዛም ቤት ችግር መኖሩ የችግሩን ስፋትና ጥልቀት ይጠቁመናል፡፡ በተለይ ከአዲስ አበባ ውጭ ርቀው የሚገኙ ፍርድ ቤቶች አዲስ የወጣ አዋጅ በየጊዜው ስላልደረሳቸው ብቻ የመውጣቱን ዜና በጥቅሉ ከሚዲያ ሰምተው ለዚሁ ሲባል የያዙትን ጉዳይ ለሌላ ቀጠሮ ማስተላለፋቸው ለማስተዋል ተችሏል፡፡

ግልጽነት በኢ.ፌ.ድ.ሪ. ህገ-መንግስት እንደ መሰረታዊ መርህ ቢቀመጥም እውነታው ግን በወረቀት ከተፃፈው ጋር ሊጣጣም አልቻለም፡፡ የመንግስት አስተዳደርን በተመለከተ የዜጋው መረጃ የማግኘት መብት እስከአሁን ድረስ በተግባር አልተረጋገጠም፡፡ እዚህ ላይ ለመድረስ ገና ብዙ የሚቀረን ነው የሚመስለው፡፡ ይህን ለመረዳት ብዙ ርቆ መሄድ አያስፈልግም፡፡ እንኳንስ ከመንግስት መስሪያ ቤት መረጃና ሰነድ ማግኘት ቀርቶ የግድ የሚለውን የአገሪቱን ህጎች በቀላሉ ለማግኘት አስቸጋሪ የሆነበት ደረጃ ላይ ደርሰናል፡፡ Continue reading “ጥቂት ስለ ህጎች ተደራሽነት”

New Proclamations and Regulations 2013/14

Click the link below to access all 2013/4 proclamations

2013/4 proclamations

Proclamations

Proclamation No. 808/2013 Information Network Security Agency Re-establishment Proclamation DOWNLOAD

Proclamation No. 810/2013 Energy Proclamation DOWNLOAD

Proclamation No. 811/2013 Trucks Demurrage Proclamation DOWNLOAD

Proclamation No. 812/2013 Export – Import Bank of China Loan Agreement Periods Additional Loan for Addis Ababa Adama Toll Motorway Design and Build and a Loan for Addis Ababa Toll Motorway Phase II Project Ratification Proclamation DOWNLOAD

Proclamation No. 815/2013 Bilateral Air Service Agreement Between the Government of the Federal Democratic Republic of Ethiopia and the Government of the Republic of Senegal Ratification Proclamation DOWNLOAD

Proclamation No. 818/2014  Urban Land Registration Proclamation DOWNLOAD
Proclamation 823/2014 International Development Association Financing Agreement for Financing the Second General Education Improvement Project II, Ratification Proclamation DOWNLOAD

Proclamation 824/2014 International Development Association Financing Agreement for Financing the Sustainable Land Management Project II , Ratification Proclamation DOWNLOAD 

 

 

Regulations

 

Regulation No. 298/2013 Public Service Employee’s Transport Service Enterprise Establishment Council of Ministers Regulation DOWNLOAD

Regulation No. 299/2013 Food, Medicine and Health Care Administration and Control Council of Ministers Regulation DOWNLOAD

Regulation No. 300/2013 Insurance Fund Administration Agency Establishment Council of Ministers Regulation DOWNLOAD

Regulation No. 301/20 13 Ethiopian Public Health Institute Establishment Council of Ministers Regulation DOWNLOAD

Regulation No. 302/2013 Ethiopian Electric Power Establishment Council of Ministers Regulation DOWNLOAD

Regulation No. 303/2013 Ethiopian Electric Utility Establishment Council of Ministers Regulation DOWNLOAD