ORDINANCE No. 72/6 OF 26 AUGUST 1972

Ordinance establishing a public institution or administrative reorganization. The document establishes a new administrative structure or modifies the organization of a public service in Cameroon.

Establishing the Organization of the Supreme Court

THE PRESIDENT OF THE UNITED REPUBLIC OF CAMEROON

Having regard to Article 42 of the Constitution of 2 June 1972,

ORDERS:

CHAPTER I SEAT, JURISDICTION, COMPOSITION

ARTICLE 1 – 1) The Supreme Court shall sit at YAOUNDE.

Its jurisdiction shall extend to the entire territory of the Republic.

ARTICLE 2 – 1) The Supreme Court shall comprise:

— A President, — Titular or alternate Justices, — An Attorney General, — An Advocate General, — Deputy Attorneys General, — A Chief Registrar and Registrars.

Subject to the provisions relating to the composition of the said Court in administrative matters, any matter submitted to the Court shall be adjudicated by five Magistrates, members of the Court.
However, as required by the needs of the service, three Magistrates of the Court may rule on behalf of the said Court on appeals brought before it.
By way of derogation from the preceding paragraphs, the President of the Supreme Court or his delegate shall rule alone on interim procedures and orders upon request.

ARTICLE 3 – In all cases where the Court sits as a full bench, the presidency shall be held by the Magistrate of the Court who is the most senior in the highest grade.

ARTICLE 4 – 1) When the Supreme Court rules pursuant to Articles 7, 10 and 27 of the Constitution, it shall be supplemented by five personalities appointed for one year by the President of the Republic on account of their competence and experience.

Members of the Government and of Parliament, and officers and officials in authority in active service, may not be appointed pursuant to the preceding paragraph.
The term of office of the personalities thus appointed shall be automatically extended until their successors are appointed.
In the event of the absence or incapacity of the titular holder, the President of the Republic shall appoint, under the same conditions, an alternate for each of the personalities designated above.

CHAPTER II JURISDICTION

ARTICLE 5 – The Supreme Court, in addition to the functions provided for in Articles 4, 10 and 27 of the Constitution, shall have jurisdiction:

To rule on appeals in cassation against decisions rendered by Courts of Appeal in all cases where the application of the law is at issue.
To rule on all administrative litigation.

ARTICLE 6 – Any judicial act emanating from a Court of Appeal and tainted with a violation of the law may be referred to the Supreme Court by its Attorney General:

a) in the sole interest of the law, at the initiative of that Magistrate. The parties may not then rely on the cassation. b) on the order of the Minister of Justice. The cassation shall then take effect with respect to all parties. However, in criminal matters, cassation may only be pronounced in the interest of the finally convicted party.