Bu'a-qabeessummaa Mana Murtii Hawaasummaa Gandaa Mootummaa Naannoo Oromiyaa

  • Azzanee Indaalammaa
  • Abdii Tasfaa

Abstract

The 1995 Constitution of Federal Democratic Republic of Ethiopia and Oromia National Regional State Revised Constitution of 2001, in addition to formal courts,
advocate for establishment or recognition of religious and customary court by the legislative organ of respective governments. Besides, the Revised Constitution of Oromia National Regional State established social court as one of government office at kebele level. However, not only the establishments, but also effectiveness of these institutions in delivering judicial service is paramount important towards the realization of right to access to justice. This article is limited to assessing the effectiveness of Social Courts of Oromia National Regional State in delivering judicial service to local residents in the region. Towards the assessment, the objectives, rules, and principles under Proclamation for Re-establishment and Determination of Power of Social Courts No.128/2007 are used as parameters. The study is undertaken using both qualitative and quantitative methodology. About 108 in-depth interview is conducted with clients, staff of administration office from kebele to regional level, chairperson of presiding judges of social courts, president of courts from District to Supreme Court of Oromia, house speaker of council of people of Woreda, and staff of Office of Caffee Oromia. Besides, about 102 judges from kebele social court to Supreme Court of Oromia are addressed via questionnaire. And 79 files of social courts but collected from all levels of courts in the region are closely analyzed. All data collected and analyzed briefly claim a finding that in delivering judicial service kebele social courts are ineffective in its actual estate, but good in handling the
conflict of residents in customary ways in a method not portrayed under the Proclamation mentioned above. Hence, the article suggests for replacement or readjustment of kebele social court with other courts having customary nature both in procedure and substantive.

Published
2021-01-18