The Cassation System: Its Nature and Historical Background

Etymology and Meaning

The Amharic word ሰበር (Seber) is believed to originate from the French verb casser, derived from the noun cassation. This French term traces its roots to the Latin quassare, meaning to shake, break into pieces, shatter, or smash. In a legal context, cassation refers to the act of annulling, quashing, or invalidating a judicial decision. Thus, the cassation system is defined as a mechanism “to nullify a final judgment rendered by courts at any level of jurisdiction or to eliminate its enforceability.” This process typically addresses fundamental errors of law in final judicial decisions, ensuring justice by correcting significant legal missteps.

Historical Origins in France

The cassation system originated in France, where it was formalized in 1790 during the French Revolution as part of the establishment of the Cour de Cassation (Court of Cassation). However, its conceptual roots predate this formalization. Prior to 1790, the Conseil du Roi (King’s Council) served a similar function, reviewing and examining cases finalized on appeal. The Cour de Cassation was created to ensure uniformity in the application of law across France, focusing on legal errors rather than re-evaluating factual findings. This system has since been adopted and adapted by numerous countries worldwide, including those in Europe, Africa, and Latin America, each tailoring it to their judicial frameworks.

Evolution of the Cassation System in Ethiopia

Early Beginnings

In Ethiopia, the cassation system’s early traces are noted around 1900 during the reign of Emperor Menelik II, though it lacked formal structure. The system’s historical foundation was laid during Emperor Haile Selassie’s reign with the establishment of the Crown Court. This court included sub-departments such as the Judgment Review and Cassation Hearing divisions. The Cassation Hearing division primarily advised the Emperor on legal matters, functioning within the monarchical framework rather than as an independent judicial body.

Institutional Development

A significant milestone occurred in 1980, under the Derg regime, with Proclamation No. 9/1980, which established the Supreme Court of the People's Democratic Republic of Ethiopia. Article 4/4 of this proclamation formalized the cassation system, granting the Supreme Court the authority to hear cassation cases when final judgments contained fundamental errors of law or violated procedural laws. This marked the transition of the cassation system into a structured judicial mechanism resembling its modern form.

Following the fall of the Derg in 1991, the Transitional Government enacted Proclamation No. 40/1985, which vested cassation jurisdiction in the Central Supreme Court. This proclamation also introduced an investigative division comprising three judges to handle cassation reviews, enhancing the system’s procedural rigor.

Constitutional and Legislative Reforms

The adoption of the Constitution of the Federal Democratic Republic of Ethiopia in 1995 (1987 Ethiopian Calendar) further solidified the cassation system. Article 80(3)(a) and (b) of the Constitution empowered both Federal and Regional Supreme Courts to hear cassation cases to correct fundamental legal errors in final decisions within their jurisdictions. This decentralized approach aligned with Ethiopia’s federal structure, allowing regional courts to address local judicial errors while maintaining federal oversight.

A pivotal development occurred in 2005 (1997 Ethiopian Calendar) with Proclamation No. 454/1997, which amended the Federal Courts Proclamation. This law stipulated that legal interpretations by the Federal Cassation Bench would be binding on all federal and regional courts, significantly enhancing the bench’s authority. This binding precedent system aimed to ensure consistency in legal interpretations across Ethiopia’s judiciary.

In 2021 (2013 Ethiopian Calendar), Proclamation No. 1234/2013 replaced the earlier law, introducing further refinements. These included expanded procedural guidelines for cassation reviews, increased transparency in decision-making, and provisions for public access to cassation rulings, aligning with modern judicial standards of accountability.

Contemporary Role and Challenges

Today, the cassation system in Ethiopia serves as a critical safeguard against judicial errors, ensuring the integrity of final judgments. The Federal Supreme Court’s Cassation Division, staffed by experienced judges, reviews cases involving significant legal errors, such as misinterpretations of statutes or violations of procedural fairness. Its binding precedents foster uniformity in Ethiopia’s dual federal-regional judicial system.

However, the system faces challenges, including case backlogs, limited public awareness of cassation procedures, and debates over the scope of “fundamental errors of law.” Scholars like Mehari Redai have highlighted the need for reforms to streamline processes and enhance accessibility, particularly for marginalized communities. Additionally, the cassation system’s reliance on judicial discretion in identifying errors raises questions about consistency and transparency, prompting ongoing discussions about potential legislative and procedural refinements.

Conclusion

The cassation system, rooted in French legal tradition and adapted to Ethiopia’s unique historical and political context, plays a vital role in upholding judicial integrity. From its informal beginnings under monarchical rule to its current status as a cornerstone of Ethiopia’s federal judiciary, the system has evolved significantly. While challenges remain, ongoing reforms and scholarly discourse continue to shape its development, ensuring it meets the demands of a modern, equitable legal system.

References

1. Mehari Redai, “The Cassation and its Challenges in Ethiopia,” Mizan Law Review 1 (September 2015): 175-200.

2. John F. C. Waldo, "The Supreme Court of France," American Bar Association Journal (April 1921): 171-173.

3. Ato Teshager G/Selassie, “The System of Correcting Final Judgments” (Cassation) (Unpublished, September 2000 E.C.).

4. Federal Supreme Court, "Accessibility of Cassation Decisions," Trial Volume 1; Number 3 (April 2007 E.C.).

5. Constitution of the Federal Democratic Republic of Ethiopia, Article 80(3)(a) and (b).

6. Proclamation No. 9/1980, Article 4/4, People’s Democratic Republic of Ethiopia.

7. Proclamation No. 40/1985, Article 12, Transitional Government of Ethiopia.

8. Proclamation No. 454/1997, Federal Courts Proclamation Amendment.

9. Proclamation No. 1234/2013, Federal Courts Proclamation.