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Judicial functioning: Growing calls for two parallel systems.
Judicial functioning: Growing calls for two parallel systems.
The central issue the Judicial System Committee of the Major National Dialogue debated during its work was whether the Common Law and Civil Law judicial systems in Cameroon should be harmonized or maintained to run parallel and the overriding proposed solution is for the two systems to run side by side but common elements can be harmonized, Hon. Joseph Mbah Ndam one of the Vice Chairpersons of the Committee disclosed to the press at the Yaounde Conference Centre on October 2, 2019.
The committee chaired by Benjamin Itoe, on the first day of work, identified problems raised by the Common Law lawyers in 2016, solutions proposed by government, issues for which solutions were not proposed and evaluated the impact of the solutions that were proposed on the crisis. The committee members also identified other issues that were raised by the lawyers later on but which had not yet received the attention of government. They then examined the reports presented by rapporteurs.
One of the members, Alfred Forgwei Mbeng, said one key issue debated was that the creation of the Common Law Section in the National School of Administration and Magistracy did not solve the problem raised by the Common Law lawyers because those who are admitted are not necessarily form the North West and South West Regions. Concerning the Common Law Section created at the Supreme Court, he said, “objections were raised to the fact that lawyers argue that it is not enough. By creating just a Section, it looks as if they are reducing the Common Law into just a single unit, meanwhile the Common Law System also has many other Sections.” They therefore want that Common Law Bench to be created in the Supreme Court that will come with its own Sections. Another key issue raised was that the ban on the associations of lawyers that took place in 2016 should be lifted so that they should be able to function as they were doing before. Mr Forgwei said with regard to proposed solutions, there were people who felt that the two legal systems should be allowed to runs side by side but elements that are common can be harmonized. This is because in the Ministry of Justice there has been the principle of harmonizing the two systems but lawyers argue that there are some elements that cannot be harmonized for they are legal systems based on principles that are diametrically opposed to each other. There has to be a recommendation concerning constitutional amendment to reflect the two judicial systems.