CI-NEWS

Ad Hoc Working Group to discuss lawyers’ problems.

2019-09-10

No: 446

Ad Hoc Working Group to discuss lawyers’ problems.

Below is the final Communiqué at the end of the meeting of 04 September 2019 in Yaounde.

“In the year two thousand and nineteen and the fourth of September, The Minister Delegate to the Minister of Justice, Keeper of the Seals, chaired a working session in the conference hall of this Ministry, in the presence of the following officials:

The Secretary of State to the Minister of Justice in charge of Penitentiary Administration;
The Representative of the Minister Delegate to the Presidency of the Republic in charge of Defence;
The Representative of the Secretary of State in charge of the National Gendarmerie;
The Representative of the Delegate General for National Security;
The Cameroon Bar Council led by its President, accompanied by the President of the General Assembly, former Bar Council Presidents (Barrister Charles Tchoungang, Barrister Eta Besong Junior), Barrister Emmanuel Tang, former members of the Bar Council and the President and Vice-President of the Commission on Human Rights and Freedoms of the Bar.

The Secretary General of the Ministry of Justice, the Inspector General of Penitentiary Administration, the Technical Adviser N° 2, Inspectors of the Inspectorate General of Judicial Services, Directors and Heads of Division, the President of the Court of Appeal and the Procureur General at the said Court also took part in the deliberations.

This working session followed the Resolution of the Bar Council in its session of Saturday 31 August 2019, by which the Bar Council:

Decided that all Lawyers should observe a five (5) day nationwide sit-in strike from 16 to 20 September 2019:
Decided that after this period any further steps shall be taken if necessary;
Called on all the representatives of the President of the Cameroon Bar Council to ensure the strict compliance of Lawyers with this resolution in their respective jurisdictions.

For the following reasons:

Trials are conducted in languages other than those of the persons being prosecuted;
The appearance of naked detainees at public hearings;
The extortion of confessional statements through torture and fraud;
Prolonged illegal detention;
The illegal transformation of police custody into administrative custody;
Situations of abusive detention despite release orders;
Silence concerning some complaints made by Lawyers, the refusal to give acknowledgement receipt of correspondences with written proof thereof.

At the end of sustained, free and constructive debates, the parties agreed, on the one hand, on urgent measures to be taken and on the other hand, on those to be examine within the framework of an ad hoc working group.

Urgent measures

The Minister Delegate reassured the Bar that written instructions will be urgently given to Procureurs General to put an end to obstacles observed in the free exercise of the profession of Lawyers in their respective jurisdictions.

The representatives of MINDEF and SED/CGN reassured the audience on instructions they will give as soon as possible to their collaborators in the Regions for strict compliance with the legal provisions in force governing police investigation, especially the rights of suspects to be assisted by Lawyers of their choice.

The SED/CGN through his representative, expressed his readiness to meet the Bar Council as early as possible.

With respect to the said measures, the Secretary of State in charge of Penitentiary Administration (SEAP) gave the same assurances with regard to access by Lawyers to their detained clients (accused or convicts) in conformity with the provisions of CPC.

Mid and long term measures

It was agreed that these measures should be subject to further discussions within the framework of an ad hoc working group to be set up as soon as possible. Members of the ad hoc working group shall be designated by the various public administrative Bodies concerned and the Cameroon Bar Association.

At the close of the discussions, the President of the Bar Council on behalf of the Bar, expressed gratitude to the Minister of State, Minister of Justice, Keeper of the Seals, for initiating this working session which is laudable for participative dialogue which is necessary for the proper functioning of the public service of Justice.

To conclude the deliberations, the Minister Delegate began by commending the joint approach of the President of the Bar Council and of the Bar Association during the debates. He then underscored that Judicial and Legal officers, Lawyers, Judicial Police Officers and Penitentiary Administration personnel belong to the same judicial family and that continuing to guarantee the public service of Justice is a necessity.

Finally, the minister Delegate expressed the wish to see the Bar Council reconsider its decision to observe a nationwide sit-in strike from 16 to 20.”

Done at Yaounde, on 4 September 2019.

The following persons have signed: Colonel MBOCK MIOUMNDE Paul (Representative of the Secretary of State to the Minister of Defence in charge of National Gendarmerie), Police Commissioner ONANA A. Théophile (Representative of the Delegate General for National Security), Colonel SIPA Didier (Representative of the Minister in Charge of Defence), DOH Jerome PENBAGA (Secretary of State to the Minister of Justice in charge of Penitentiary Administration), MOMO Jean de Dieu (Minister Delegate to the Minister of State, Minister of Justice, Keeper of the Seals; TCHAKOUTE Patie Charles (President of the Bar Council).

DECREE N° 2019/3178/PM OF 02 SEPTEMBER 2019 TO SPECIFY THE PROCEDURES FOR IMPLEMENTING THE STATUS OF ECONOMIC DISASTER AREAS AND CONDITIONS FOR RELATED TAX BENEFITS PROVIDED FOR BY THE PROVISIONS OF ARTICLES 121 AND 121A OF THE GENERAL TAX CODE.

The Prime Minister, Head of Government, hereby decrees as follows:

Article 1:

This decree specifies the procedures for implementing the status of economic disaster areas and the conditions for benefiting from the related tax benefits, in accordance with the provisions of Sections 121 and 121a of the General Tax Code.
(2) An economic disaster area should be understood as a pre-defined geographical area in which economic activity is structurally and durably affected by insecurity or disasters of any kind, such as floods, famine, drought, etc.
(3) The designation of an area as an economic disaster area and its withdrawal shall be established by decree of the Prime Minister, Head of Government. Such status may be withdrawn when the effects of the disaster that justified it have ceased;

Article 2:

Companies that carry out new investments in an economic disaster area shall be exempted from the following taxes and duties:

In the installation phase that may not exceed three years:

Business licence tax waiver;
Value added tax on purchases of goods and services;
Registration fees on project establishment – related property transfers;
Property tax on buildings used for the project.

During the first seven years of operation:

Business licence tax;
Company tax and minimum collection;
Taxes and contributions on salaries paid to staff.

To be granted the tax benefits referred to in paragraph 1 above, the investments must meet the following alternative criteria:

Lead to the creation of at least ten (10) direct jobs;
Use the raw material produced in the said area, where necessary.

Where new investments are carried out by an old company, the exemptions provided for in paragraph 1 above shall apply only to operations and profits related to such new investments. In such a case, the company shall be bound to keep separated accounts.
Enjoyment of this system provided for in paragraph 3 above shall be subject to prior approval of the planned new investments by taxation authorities and the granting of an approval signed by the Minister of Finance.
Based on the actual implementation of the investment plan, the taxation authorities shall issue a discharge at the end of each financial year for the renewal of the above-mentioned tax incentives.
In case of non-compliance with the approved investment programme, the company shall lose the tax incentives granted and shall settle unpaid taxes and duties, without prejudice to late penalties and interests.

Article 3:

Companies that make investments to restore their production facilities in an economic disaster area shall receive a tax credit of 30% of the expenses incurred. It is capped at one hundred (100) million CFA francs and is chargeable up to a maximum of three financial years following the one in respect of which the expenditure was incurred.
Expenditure eligible for the tax credit is that which directly contributes to the rehabilitation of the production tool or to its reinforcement.
Expenditure that gave rise to the recognition of a tax credit is subject to prior validation by the tax authorities.

Article 4: The benefits referred to above may not be combined with those provided for by any other special tax regime or incentive.

Article 5: This decree repeals all other previous provisions that are contrary.

Article 6: This decree shall be registered, published according to the procedure of urgency, and inserted in the Official Gazette in English and French.

Yaounde 02 September 2019

(s) Joseph DION NGUTE

Prime Minister, Head of Government

DECREE N° 2019/3178/PM OF 02 SEPTEMBER 2019 TO GRANT THE STATUS OF ECONOMIC DISASTER AREAS TO THE FAR-NORTH, NORTH-WEST AND SOUTH-WEST REGIONS.

The Prime Minister, Head of Government, hereby decrees as follows:

Article 1: The status of economic disaster areas is accorded to the Far-North, North-West and South-West Regions, pursuant to the provisions of section 121 and 121a of the General Tax Code.

Article 2: This decree shall be registered, published according to procedure of urgency and inserted in the official gazette in English and French.

Yaounde 02 September 2019

(s) Joseph DION NGUTE

Prime Minister, Head of Government

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Ad Hoc Working Group to discuss lawyers’ problems.