Tag: legislative drafting

Consolidated Ethiopian Laws (1942-1961 E.C.) Volume II

Consoludated Laws v.2
Consoludated Laws v.2

Sometimes ago I posted the first volume of the consolidated laws. Here is the last and second volume.

Consoludated Laws  v.2_Part1

Consoludated Laws v.2_Part2

Consoludated Laws v.2 Part3

Consoludated Laws v.2_Part4

Consoludated Laws v.2_Part5

Consolidated Ethiopian laws (1942-1961 E.C.) Volume 1

Consolidated laws

“The provisions relating to the law on a given subject matter are often found in a series of Acts. As a consequence, investigation of the law on a given subject requires simultaneous reference to a number of separate Acts. This problem can be solved by a re-enactment of the scattered provisions into one Act Consolidation is thus the process whereby several Acts of Parliament are brought together in a single, comprehensive Act.

Consolidation is a process of combining the legislative provisions on a single topic into one coherent enactment. The earlier Acts of Parliament are repealed. In their place is substituted a single Act which embraces the subject matter of the earlier Acts. The aim of consolidation is to allow for easy access to a particular subject matter on which there would have been numerous amendments to the law at different times.”

(V. C. R. A. C. CRABBE, Legislative Drafting, P185)

“….important development in the history of legislations in Ethiopia is the Consolidated Laws of Ethiopia. The purpose of the project of the Consolidated Laws “is to provide a useful source and reference work on the laws of Ethiopia”. The Consolidated Laws of Ethiopia initially contained laws which were, in effect, included at the end of the Ethiopian year 1961 (September 10, 1969). A supplement was issued in 1975 in which were included as laws which were, in effect, proclaimed at the end of the Ethiopian year 1965 (September 10, 1973). Since then, no supplement has been issued. Besides, the Consolidated Laws “contains numerous tables. And other means of assisting the user to find the legal provisions he is searching for”.17 This important work was begun by the former Institute of Public Administration of the Ethiopian Government but was later on turned over to the Faculty of Law of the Haile Selassie I University (now the Addis Ababa University). The work was completed in October by Mr. William H. Ewing, who was a member of the staff of the Faculty of Law and the project’s head. The other laws and regulations relating to Addis Ababa appeared in the Consolidated Legislations of Addis Ababa”

(Sileshi Zeyohannes and Fanaye G/Hiwot, Legislative Drafting Teaching Material [Sponsored by the Justice and Legal System Research Institute] P25-26)

Volume I and II of the consolidated laws are now available. (Unfortunately only the Amharic version is available)

Due to the size of the file, I split up Volume one in to five parts.

I will upload Volume two in my next post.

Consolidated Laws  v.1_Part1

Consolidated Laws  v.1_Part2

Consolidated Laws v.1_Part3

Consolidated Laws  v.1_Part4

Consolidated Laws  v.1_Part5

Spelling “Parlament”

You don’t write Parlament for Parliament. I just used that term to indicate the lawmaker’s lack of attention to spelling in legislative texts.

The House of People’s Representatives should have its own language editor. The English version of the legislative text is full of spelling errors. Recently I was working on statutory definitions of Ethiopian legal terms. What I realized is that the extent of the problem requires some attention by the law maker or the drafters.

Here are some examples of serious spelling errors in the English version of the legislative text.

P and R stand for Proclamation and Regulation respectively

The numbers represent the number of the proclamation and regulation and year of enactment.

e.g. R173/2009 represents Regulation number 173 of 2009

P372/03 stands for proclamation number 372 of 2003

The word with a spelling error is indicated in red followed by the correct word in bold

Pension [Pensione] (R173/2009) means an establishment offering lodging and breakfast services to tourist and other clients

(According to the Oxford Dictionary 8th ed. Pensione is small hotel or boarding house in Italy)

Documentary Film (R66/99) means a film recorded with the objective of broadcasting or disseminating natural, historical, cultural, political, economical, [economic] social conditions and other factual materials through television, cinema or other electronic screen transmissions

(According to the Oxford Dictionary 8th ed. Economical means giving good value or return in relation to the resources or money expended. Economic is defined as “of or relating to economics or the economy” Similarly, Political means “of or relating to the government or public affairs of a country” and Social is defined as “of or relating to society or its organization” Therefore economic not economical should be taken as the right word for the definition)

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

Academic Staff (R132/2007) means any employee of the University College engage [engaged] in teaching or research activities

Accident (P273/03) shall mean an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, in which:

(a) a person is fatally or seriously injured as a result of:

1) being in the aircraft, or

2) direct contact with any part of the aircraft, including parts which have come detached from the aircraft, or

3) direct exposure to jet blast, except when the injuries are from natural causes, self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to the passengers and crew; or

(b) the aircraft sustains damage or structural failure which:

1)  adversely affects the structural strength performance or flight characterstics [characteristics] of the aircraft, and

2) would normally require major repair or replacement of the affected component, except for engine failure or damage when the damage is limited to the engine, its cowlings or accessories; or for damage limited to propellers, wing tips, antennas, tires, brakes, fairing, small dents or puncture holes in the aircraft skin; or

(c) the aircraft is missing or is completely inaccessible

Animal (P267/02) means for the purpose of this proclamation domestic and wild animals includs [includes] sea animals and bees

Aviation personel [personnel] (P273/03) shall mean any individual who engages as pilot in command, co-pilot or flight engineer or any other member of the flight crew of an aircaft [aircraft] or who is involved in the inspection, maintenance, overhaul or repair of aircraft, aircraft engines, propellers or components or who serves in the capacity of air-traffic controller or aircraft dispatcher

Beekeeper (P660/09) means a person who is engaged in keeping of honeyhee [honeybee] colonies in hives

Commercial representative(P67/97) means any person who is not domeciled [domiciled] at the place where the head office of the business enterprise or business person he represents is situate, bound to such enterprise or business person by a contract of employment, and entrusted with the carrying out of only trade promotional activities on behalf and in the name of the business enterprise or the business person he represents without being a trader himself

Committee (R135/2007) means a property valuation committee established persuant [pursuant] to the Proclamation

Conciliation(P377/06) means the activity conduced [conducted] by a private person or person appointed by the Ministry at the joint request of the parties for the purpose of bringing the parties together and seeking to arrange between them voluntary settlement of a labour dispute which their own efforts alone do not produce to utilize a given State forest for a defined period of time

Conditions of work  (P361/03)  means the entire relations between the City Goverment [Government] and its officials and employees and shall include hours of work, salary, leaves, payments due to dissmissal, [dismissal] if any, health and safety, compensation to victims of employment injury, grievance procedure and other similar matters

Contraband (P60/97) shall mean the act or an attempt of or providing assistance of importing goods beyond the first or exporting beyond the last customs station in contravention of laws and regulations or possessing, selling or transfering [transferring] of such goods in a commercial level and it includes cooperation in such activities

Council of Inquiry (P250/01,) shall mean the Council of Constitutional Inquiry of the Federal Goverment   [Government]

Customs Station (P60/97) shall mean any place designated as customs office at the port of entry or exit of goods, transit routs or at customs area for the controll [control] of import and export goods, collection of duties and taxes

Employer(R91/2003) means any government, private or non-governmental institution or international or regional orgnaization [organization] or person employing graduates of higher education institutions including self-employed graduate of the same

Fish (P315/03) means any fish species, crustanceans, [crustaceans] mollusks, including their eggs, spawn fries or fingerlings

International Animal Health Certificate (P267/02) means a certificate issued by the vererinary [veterinary] administration of the exporting country certifying the state of good health of animals, semen, embryo/ova, and hatching-eggs destined for export

Psychotropic Substance (P176/99) means any substance subject to control according to psychotropic Substances Convention of the United Nations ratified by Ethiopia. This shall also included [include] a substance that is categorized as psychotropic substance by the Authority

Public Private Partnership (P649/09) mean [means] investment through private sector participation by a contractual arrangement between a public body and a private sector enterprise, as the concessionnaire, [concessionaire] in which the concessionnaire [concessionaire]:

a) undertakes to perform or undertake any construction project or service or lease concession;

b) assumes substantial financial, technical and operational risks in connection with the performance of a public function or use of government property; and

c) receives consideration for performing a public function or utilizing government property, by way of fees from any public funds, user levies collected by the concessionnaire [concessionaire] from users or customers for a service provided by it, or a combination of such consideration

Restricted Seed (R16/97) means seed prohibited from being imported into Ethiopia or exported from Ethiopia or seed put under resetriction [restriction]

Road (P80/97) means highway or any other road classified and disignated [designated] as part of the national road network and includes bridge on those roads

Serious Ethical Violations (P433/05) means any ethical violation entailing dismissal as per appropriate code of conduet [conduct] regulation

Corrigenda to proclamations and Regulations

DOWNLOAD the pdf version of Corrigenda to proclamations and Regulations.

“A corrigendum of a legislative text is conventionally thought of as a mere rectification of obvious typing mistakes. It is done after the publication of a legislative text. Its purpose is to realign the published legislative text with the original will of the legislative body by removing mistakes that occurred in the publication process. A corrigendum does not contain any provisions on validity or entry into force. It derives its authority from the text it rectifies, including its legitimacy, legal force and the provisions on its temporal application.” Corrigenda in the Official Journal of the European Union: Community Law as Quicksand (Michal Bobek)

The term corrigendum (plural corrigenda) generally refers to an error that is to be corrected in a printed work after publication. It may also be used to denote list of errors in a printed work as a separate page of corrections, known as an errata page.  Merriam Webster(online dictionary)  defines corrigendum as “ an error in a printed work discovered after printing and shown with its correction on a separate sheet” \

In the following list you will find corrrigenda to proclamations and regulations. According to article 11(b) of House of Peoples’ Representatives working procedure and members’ code of conduct (amendment) proclamation no. 470/2005 the power to ‘undertake the technical correction, where deemed necessary’ is an exclusive power of the speaker of the house. There is no monitoring procedure to ensure that any ‘correction’ introduced by the speaker  does not alter or change the substantive content of the proclamation. What is worse, those errors to be rectified by the speaker are not the ones which are detected after publication. Article 11(b) of proclamation no. 470/2005 empowers the speaker to make correction prior to the publication of the proclamation in the Negarit Gazetta. This in effect means that the speaker of the house holds a law making power in the name of correcting errors. Any error before publication is an exclusive matter to be dealt to the house itself. Even though the basic purpose of corrigenda is to ensure that the published text is similar with the draft approved by the house, Ethiopian law making procedure deviates from the basic rules and principles of legislation acceptable in all legal systems.

The Council of Ministers does not have any legislative procedure which is official to the public and approved by law. Hence, no knows who actually makes correction to regulations.

Corrigenda to proclamations 

1. Corrigendum No. 1/1998 English version

[Repealed by Property Mortgaged or Pledged with Banks (Amendment) Proclamation No. 216/2000]

[Business Mortgage Proclamation No. 98/1998]

Property Mortgaged or Pledged with Banks Proclamation No. 97/1998 is hereby corrected by:

1. omission of the “,” after the word “buyer”, in Article 3, and insertion thereinafter of the phrase “or to take over the property, in consideration of its estimated value as specified in the contract of loan, and have the ownership thereof registered in its own name; in cases where bidders fail to appear upon a secon4 public auction having been held.”; and

2. omission of the “.” at the end, of Article 4, and addition thereinafter of the phrase “or take over the property, in consideration of its estimated value as specified in the contract of 19an,and have the ownership thereof registered in its own name; in cases where bidders fail to appear upon a second public auction having been held.”

2. Corrigendum No. 2/1999 Amharic and English version

[Ethiopian National Archives and Library Proclamation No. 179/1999]

The “2%” in “Article 8(2)” under Article 2(2) of the Investment (Amendment) Proclamation No. 168/1999 shall read “27%”.

3. Corrigendum No. 4/2009       Amharic and English version

[Federal Government of Ethiopia Financial Administration Proclamation No. 648/2009]

The statement under Article 60 of the Ethiopian Building Proclamation No. 624/2009 stated as “This Proclamation shall come into force upon the date of its publication in the Federal Negarit Gazeta” shall be read as “This Proclamation shall come into force after one year from the date of its publication in the Federal Negrit Gazeta.”

4. Corrigendum No. 4/2009   Amharic and English version

[Ethiopian Building Proclamation No. 624/2009]

In this Proclamation the statement under Article 60 stated as “ This Proclamation shall come into force upon the date of its publication in the Federal Negarit Gazeta” shall be read as “This Proclamation shall come into force after one year from the date of its publication in the Federal Negrit Gazeta.”

5. Corrigendum No. 5/2009 English version

[Transaction of Precious Minerals Proclamation No.651/2009]

The English version of Article 23 (1) of the Banking Business Proclamation No. 592/2008 which reads in its second line as “…. The international financial statements standards ….” Is hereby corrected and shall be read as “…international financial reporting standards..”

6. Corrigendum No. 6/2009   English version

[Transaction of Precious Minerals Proclamation No.651/2009]

The English version of the Micro-Financing Business Proclamation No.626/2009 writes the number Article “25” two times, accordingly the latter Article “25” is hereby corrected as Article “26”. Similarly the English version of this same Article 26 in the last paragraph of its sub article (1) which reads as “Birr 500,000” is hereby corrected and shall be read as “Birr 50,000

7. Corrigendum no. 1/2001 Amharic and English version (Amharic corrigenda is from the English corrigenda)

[Ethiopian National Security Council Establishment Proclamation No. 257/2001]

The Fuel price stabilization Fund Establishment Proclamation No. 247/2001 is hereby corrected as

follows: The word “from” after “working days” in Sub- Article (2) of Article 5 is deleted, and the phrase’ ‘of the month next to” is inserted therein.

8. Corrigendum No. 1/2002   Amharic and English version (Amharic corrigenda is from the English corrigenda)

[National Agricultural Input Authority Establishment Proclamation No. 288/2002]

The “Five (5) years” after the word “next” in sub-Article (1) of Article 28 of the Income Tax Proclamation No. 286/2002 shall read “three (3) years.”

9. Corrigendum No. 7/2010   Amharic and English version

[Income Tax (Amendment) Proclamation No.693 /2010]

Article  38  of  the  Definition  of  Powers  and  Duties of  the Executive Organs of  the Federal Democratic  Republic  of  Ethiopia which  reads  “This Proclamation shall come into force a year after  its  publication  in  the  Federal  Negarit  Gazeta.”  is hereby  corrected  and  shall  be  read as  “This Proclamation shall come into force on the  date  of  publication  in  the  Federal Negarit Gazeta.”

Corrigendum to Regulations

Corrigendum No. 1/1999   Amharic and English version

[Electricity operations Council of Ministers Regulations No. 49/1999]

The Customs Tariffs Council of Ministers (Amendment) Regulations of 25 December, 1998 is hereby corrected as follows:

a) the issue number “5thyear No. 27” shall read “5th year No. 51″; and

b) the page numbers “942” and “943” shall read “1025” and “1026” respectively.

Repeal of Corrigendum No. 1/998

Property Mortgaged or Pledged with Banks (Amendment) Proclamation No. 216/2000

The Property Mortgaged or Pledged with banks Proclamation No. 97/1998 is hereby amended as follows:

I) The correction made to Article 3 of Proclamation under paragraph (1) of Corrigendum No. 1/998 is hereby deleted and the phrase “or if no buyer appears at the second auction, to acquire the property at the t100r price set for the first auction and have the ownership of the property transferred to it” is inserted after the word’ ‘buyer” on the eighth line of the Article.

2) The correction made to Article 4 of the Proclamation under paragraph (2) of Corrigendum No. 1/1998 is hereby deleted and the phrase’ ‘or if no buyer appears at the second auction, it may acquire the property at the floor price set for the first auction and have the ownership of the property transferred to it” is added after the word.. “buyer” at the end of the Article.

ማረሚያ በአማርኛው ቅጂ ላይ

ማረሚያ[i]

[አዋጅ ቁጥር 351/1995 የከፍተኛ ትምህርት አዋጅ]

1)  አዋጅ ቁጥር 354/1995 ከገጽ 2368-2373 ተብሎ የወጣው የኢሚግሬሽን አዋጅ ገጽ ቁጥሩ የተጻፈው በስህተት ስለሆነ ገጽ ቁጥሩ ከ2268-2273 ተብሎ ይነበብ፡፡

2)  የኢትዮ-የመን የኢኮኖሚ የሳይንስ፤ የቴክኒክ ትብብርና የንግድ ግንኙነት ስምምነት ማጽደቂያ አዋጅ ቁጥሩ 174/1962 ተብሎ የተባለው በስህተት ስለሆነ አዋጅ ቁጥሩ 174/1991 ተብሎ ይነበብ፡፡

ማረሚያ ቁጥር 1/1994

[አዋጅ ቁጥር 257/1994 የኢትዮጵያ ብሔራዊ ደህንነት ምክር ቤት ማቋቋሚያ አዋጅ]

የነዳጅ ዋጋ ማረጋጊያ ፈንድ ማቋቋሚያ አዋጅ ቁጥር 247/1993 ከዚህ የሚከተለው እርምት ተደርጎበታል

በአንቀጽ 5 ንዑስ አንቀጽ (2) “እ.ኤ.አ.” ከሚለው ቀጥሎ “የሚቀጥለው ወር” የሚል ተጨምሮ ይነበብ

ማረሚያ ቁጥር 1/1994

[አዋጅ ቁጥር 288/1994 የብሔራዊ የግብርና ግብዓት ባለስልጣን ማቋቋሚያ አዋጅ]

የገቢ ግብር አዋጅ ቁጥር 286/1994 የሚከተሉት እርማቶች ተደርገውበታል፡፡

  1. አንቀጽ 13 (መ) “ከገቢ” ከሚለው ቀጥሎ “ግብር”የሚል ቃል ተጨምሮ ይነበብ
  2. አንቀጽ 87 ከንዑስ አንቀጽ (2)(ሀ) ቀጥሎ፤ “ለ) 20 ሺ ብር” የሚል ተጨምሮ ይነበብ::

ማረሚያ ቁጥር 2/1991

[አዋጅ ቁጥር 179/1991 የኢትዮጵያ ብሔራዊ ቤተ መዛግብትና ቤተ መጻሕፍት አዋጅ]

በኢንቨስትመንት /ማሻሻያ/ አዋጅ ቁጥር 168/1991 አንቀጽ 2(2) ስር ባለው “አንቀጽ 8(2)” “2 ፐርሰንት” የሚለው “27 ፐርሰንት” ተብሎ ይነበብ

የኢንቨስትመንት (ማሻሻያ) አዋጅ ማውጫው ስር የእንግሊዝኛው ቅጂ 373/2003 የተባለው በስህተት ስለሆነ 375/2003 ተብሎ ይነበብ

ማረሚያ ቁጥር 4/2001

[አዋጅ ቁጥር የኢትዮጵያ ሕንጻ አዋጅ]

በዚህ አዋጅ አንቀጽ 60 “ይህ አዋጅ በፌደራል ነጋሪት ጋዜጣ ታትሞ ከወጣበት ቀን ጀምሮ የጸና ይሆናል” የሚለው “ይህ አዋጅ በፌደራል ነጋሪት ጋዜጣ ታትሞ ከወጣበት ቀን ጀምሮ አንድ ዓመት ካበቃ በኋላ ተፈጻሚ ይሆናል” በሚል ይነበብ፡፡

ማረሚያ ቁጥር 4/2001

[የኢትዮጵያ ፌደራል መንግስት የፋይናንስ አስተዳደር አዋጅ 648/2001]

በኢትዮጵያ የህንጻ አዋጅ ቁጥር 624/2001 አንቀጽ 60 “ይህ አዋጅ በፌደራል ነጋሪት ጋዜጣ ታትሞ ከወጣበት ቀን ጀምሮ የጸና ይሆናል” የሚለው “ይህ አዋጅ በፌደራል ነጋሪት ጋዜጣ ታትሞ ከወጣበት ቀን ጀምሮ አንድ ዓመት ካበቃ በኋላ ተፈጻሚ ይሆናል” በሚል ይነበብ፡፡

ማረሚያ[ii]

[አዋጅ ቁጥር 374/1996 ቅርስን በሕገወጥ መንገድ ከሀገር ማስወጣትን፣ ወደሀገር ውስጥ ማስገባትንና ባለቤትነት ማዞርን ለመከላከል የተደረገውን ዓለም አቀፍ ስምምነት ለማጽደቅ የወጣ አዋጅ]

የኢንቨስትመንት (ማሻሸያ) አዋጅ ማውጫው ስር የእንግሊዝኛው ቅጂ 373/2003 የተባለው በስህተት ስለሆነ 375/2003 ተብሎ ይነበብ፡፡[iii]

ማረሚያ ቁጥር 7/2003

[የገቢ ግብር /ማሻሻያ/ አዋጅ 693/2003]

የኢትዮጵያ  ፌዴራላዊ  ዲሞክራሲያዊ  ሪፐብ ሊክ  አስፈፃሚ  አካላትን  ሥልጣንና  ተግባር  ለመወሰን  በወጣው  አዋጅ  ቁጥር 691/2003 አንቀፅ “8  “ይህ አዋጅ በፌዴራል ነጋሪት ጋዜጣ  ታትሞ ከወጣበት ቀን ከአንድ አመት  በኋላ  ጀምሮ  የፀና  ይሆናል፡፡”  የሚለው  “ይህ አዋጅ  በፌዴራል  ነጋሪት  ጋዜጣ  ታትሞ  ከወጣበት ቀን ጀምሮ  የፀና ይሆናል፡፡”  ተብሎ  ይነበብ፡፡


[i] ማረሚያው ቁጥር የለውም

[ii] ማረሚያው ቁጥር የለውም

[iii] ማረሚያው በአማርኛ ሆኖ የሚያወራው ግን ስለ እንግሊዝኛው ቅጂ ነው፡፡