AFRICAN REGIONAL GROUP
INTERNATIONAL ASSOCIATION OF JUDGES
INTERNATION ASSOCIATION OF JUDGES
Summary Report of the Meeting Held by the
AFRICAN REGIONAL GROUP
Cape Town (South Africa), 1st – 4th June 2013
SESSION OF 1st JUNE
The official opening ceremony took place on June 1st, 2013, at 9.30 a.m. During this event the
President of the I.A.J. (Mr. Gerhard Reissner), the President of the African Group of the I.A.J. (Mr.
Cagney Musi), the President of the Judicial Officers’ Association of South Africa (Mr. Nazeem
Joemath), the Secretary-General of the I.A.J. (Mr. Giacomo Oberto) and the representative of Cape
Town University (Sheikh KamieldienHamelldin) took the floor.
Thereafter the African Regional Group during all the day, as well as during the following two
days (2nd and 3rd June, 2013), dealt with the topic of the meeting: “Culture and Customs – How it
impacts upon gender based violence?” Following sub-themes were dealt with: “1. Female genital
mutilation. - 2. Gender based violence which is tolerated or promoted by other cultural norms and
customary law. - 3. Legislative measures taken by various countries to eradicate such gender based
violence. - 4. Measures taken by our Courts to eliminate such gender based violence.”
Speakers and interveners took the floor. In particular, Ms. Lisa Vetten presented the subject:
“Culture and Customs. How does it impact on Gender Based Violence?,” Judge Maumela dealt with
the theme “Female genital mutilation” and Wallace Amos Mgoqi dealt with the subject “Customary
Law: Impact of Customs and Traditions in Court.” Large discussions by the assembly, with the
participation of a local customary chief, followed the presentations and the assembly started the
discussion on the resolutions, which were to be approved on the following 3rd June.
President Musi distributed the questionnaire prepared by the Presidency Committee of the
I.A.J. on the issue of annual contributions, explaining that it should be given back to the SecretaryGeneral during the session of 3rd June. I.A.J. President Reissner took the floor in order to explain the
purpose of this questionnaire and to point out that answers given were not binding on associations.
The session closed at 16.30.
SESSION OF 3rd JUNE
After a presentation on the issue of gender violence by Ms. Carmen Lucas (Mozambique) and
the subsequent discussion, the session on 3rd June, 2013, started at 10.00 a.m. and was presided over by
Mr. Cagney Musi, Vice-President of the I.A.J., President of the African Group, with the participation of
the President of the I.A.J., Mr. Gerhard Reissner and of the Secretary-General of the I.A.J., Mr.
Giacomo Oberto, as well as of the following delegations of the associations which are members of the
International Association of Judges and of the African Regional Group:
Angola (obs.)
Benin
Dem. Rep. of Congo
Guinea
Ivory Coast
Lucia de Fatima Santiago, Joao Alberto Amaral Lopes, Tania Cascais
Gonçalves
Olivia Hungbokploca
Kuku-Kiese Nza Labaz, Taunya Wa Taunya Laurent, Isofa Nkanga,
Nsambayi Mutenda Lukusa
Halpha Seny Camara, Aly Toure
Kouassi N’Guessan Bernard, N’Dri N’Guessan Mathurin, Niamien
Eugenie Doukrou
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Lesotho (obs.)
Mali
Morocco
Mozambique
Niger
Senegal
South Africa
Togo
Zambia (obs.)
Zimbabwe (obs.)
Nkuebe Ramabele
Traore Issa, Modibo Poudiougou, Bamassa Sissoko
Abdesselem Elimani, Rachida El Barbouchi
Amina Momade Issufo Aly, Carmen Lucas, Yassin Ussene
Falalou Nassirou Mahaman Sofo, Alichina Amadou
Babacar Ngom, Magatte Diop, Abdoul Aziz Danfakha
Nazeem Joemath, Judith van Schalkwyk, Annalene Larsen, Zanekaya
Gxarisa, Bongine Mbulawa, Xhanti X.M. Zeka
Houssin Kossi, Sogoyou Pawele, Tchiajoura Sanoka
Wilfred Kopa Muma, Katrina Walubita, Muma Wilfred
Ignatio K. Mhene, Donald O. Ndirowei
1. Opening and Welcome.
The President of the Group, Mr. Cagney Musi, opened the meeting at 10.00 a.m., first of all by
thanking all the delegates in attendance. He thanked the President of the I.A.J., Mr. Gerhard Reissner
and the Secretary-General of the I.A.J., Mr. Giacomo Oberto for their presence. He welcomed all the
participants in the meeting and in particular the observers from following four countries: Angola,
Lesotho, Zambia and Zimbabwe. He informed the assembly that, out of a total number of fourteen
members of the African Group members, eleven were in attendance. Not in attendance were the
delegations from Algeria, Cameroon and Tunisia. The Secretary-General informed the Assembly that
the association of Algeria had sent a message expressing their regret for not being able to attend the
meeting, due to the fact that it had been impossible for them to get a visa in due time for South Africa
from the consular office in Algeria. Mr. Oberto informed as well the Assembly of a message sent by
Honorary President Ms. Fatoumata Diakite, announcing that for reasons of work in her office she
regretted not being able to travel to Cape Town.
President Cagney Musi then warmly thanked the South African Association and its President
(Mr. Nazeem Joemath) for the perfect organization of the meeting of Cape Town and for the very
cordial reception. In his turn the President of the I.A.J. took the floor to thank J.O.A.S.A. and to stress
the importance of the event. He ensured all his support the Group and to member Associations.
2. Approval of summary report of the Group’s meeting held at held at Washington D.C.
Mr. Musi passed to examine the points on the agenda of the meeting. He asked whether
delegates in attendance had remarks on this subject. No delegation presented observations. He asked
then if there were remarks on the minutes of the meeting of the Group in Washington D.C.,
distributed beforehand by the Secretariat. No remark was sent to the Presidency, or to the Secretariat.
The minutes of the last meeting of the African Group in Washington D.C. were approved
unanimously.
3. African Group’s President’s report.
President Musi reported on the activities of the African Group since the meeting in Washington
D.C. (November 2012). Not much has happened during the period under consideration in terms of the
Group itself. He again expressed the joy of the Group for the successful application of the Democratic
Republic of Congo’s Association. In the meantime he had received objections from SYMCO (the other
Association of judges active in Congo). But the President had objected that only one association could
be I.A.J. member and SYNAMAC was the Association that had applied and had been admitted. The
President of SYMCO contacted on the phone Mr. Musi in order to complain, but President Musi had
explained that the issue had to be settled by both Associations in their country. He added this is an old
and recurring problem. In a second phone call the President of SYMCO understood the situation and
relented. Therefore President Musi expressed the view that this would be the last time this situation had
to be dealt with.
President Musi added that the Presidency Committee had been extremely busy on various
issues. Most of those issues are resolved electronically via e-mail, whereas the Committee’s next
meeting will be at the end of June. Our colleagues of E.A.J. made suggestions on how to deal with
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more substantial issues during general I.A.J. annual meetings. Focus should be placed eminently on
substantive issues and less on formal issues. Secretary-General Oberto had already made concrete
suggestions on the organisation of I.A.J. meeting in Yalta, which were currently discussed within the
Presidency Committee.
President Musi then evoked the change of I.A.J. Constitution in Washington last year. Those
changes came however with some additional obligations. He therefore mentioned the obligation to fill a
questionnaire by 2015 on the situation of the member associations and the situation of the judiciary in
member countries, stressing that I.A.J. regards voluntariness and independence of associations as a
cornerstone for I.A.J. membership. He added that member associations which want to expose
themselves to monitoring process may anticipate the process by completing and sending the answers to
questionnaire before the end of 2013. The earlier it will be done, the earlier the proceedings will be
completed.
At the Presidency Committee meeting held in Istanbul it was decided to set up a working group
on the issue of annual contributions. Mr. Dario Dosio represents the African Group within this
working group. A questionnaire on this subject had been disseminated.
The Presidency Committee also considered the applications from Lesotho and Egypt: this issue
will be dealt with under a specific point in the agenda.
The President then pointed out that the I.A.J. website had been recently revamped. This is an
important tool to publicize the works of our organisation. He invited therefore all associations to visit
the website (www.iaj-uim.org).
President Musi then evoked the situation of the judiciary in Tunisia. He explained that, with the
assistance of Honorary President Diakite, the Presidency Committee had tried to contact Tunisian
colleagues, to no avail. Therefore I.A.J. will have to redouble efforts in that direction. He received a
copy of a letter sent by post relating to the situation in Tunisia. The letter was signed by different
people directly or indirectly linked to the judiciary. He will be reading the letter under point No. 5 of
the agenda, in order to try to see what initiatives can be done in order to re-establish contacts with
Tunisian colleagues. The letter related to a recommendation by the Minister of Justice and the
Presidency of that country to dismiss 81 judges. President Musi therefore made an appeal to all
colleagues to try to re-establish contacts with Tunisia.
He then mentioned the application by Chad. Rapporteurs had been appointed to visit the
country. Ms. Kouassi from Ivory Coast reported however that all her attempts to contact Chadian
colleagues did not have success. So she was not able to visit the country so far.
President Musi pointed out then that the next I.A.J. meeting in Yalta could comprise a
conference on the issue of High Councils for the Judiciary.
He then added that he was dissatisfied with the lack of cooperation within members of the
African Group. He underlined the importance of improving intercommunications among member
associations. He suggested inviting neighbouring countries associations to the works of each and any
national association meeting.
Mr. Musi then asked the Secretariat-General to convey our gratitude to Honorary President
Antonio Mura for the exceptional work he did as Secretary-General. He expressed thanks to the
current Secretary-General for continuing Mr. Mura’s work. He also thanked I.A.J. President Mr.
Reissner for his attendance in the meeting and commitment for the cause of the I.A.J. He finally
thanked the President of J.O.A.S.A., Mr. Nazeem Joemath and Ms. Judith van Schalkwyk for their
work for the organisation of the meeting, under very difficult circumstances.
A short debate followed the President’s report on the ways of communications within the
Group and with the Secretariat-General. Secretary-General Oberto explained that all communications
sent by the Secretariat-General are written in English and French and invited delegates to update
contacting details of delegates and associations. President Musi explained that all communications
concerning the event in Cape Town had been done in English, French and Portuguese.
As for the help that I.A.J. can provide to associations, President Musi stressed that our
organisation can only help if national associations bring problems to its attention. Each and any
association which has problems in dealing with the other powers of the State should therefore address
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the I.A.J. with a formal request for help. Many delegations took then the floor to thank the hosting
association for the efforts done for the organisation of the meeting.
4. Member association’s reports.
Benin
The delegate from Benin explained that no major events had taken place in her country
concerning justice. Only an incident had taken place about two weeks before the meeting in Cape
Town. Actually, after a judge had rendered a judgement, he was been arrested while travelling to a
neighbouring country and charged with trying to escape illegally, whereas he had spontaneously
submitted his documents at the frontier control. After a night spent in the police cells , he had been
placed under house arrest, and his colleagues had been denied for a while permission to visit him. On
this case a general assembly of Benin judges had been summoned and press communiqué had been
issued.
Democratic Republic of the Congo
The main event of the current year had been the organisation of the meeting of the High
Council for the Judiciary. A law on this body already existed since 2006, but it had not been
implemented, as the Council only met in extraordinary sessions, whereas the law provides for an
ordinary session each year. Finally an ordinary session had been organised, thanks to the pressures
exerted by the association. However the law had not been entirely complied with, because the assembly
lasted only ten days instead of thirty. The association had been invited as an observer and participated
in the works. The recommendations issued at that occasion should have been published immediately,
but they have not been published yet. Some of the recommendations had been sent to the President of
the Republic, who signed letters of appointment, dismissal or transfer of judges. The delegate from
Democratic Republic of the Congo underlined that the aim of the political power is always to destroy
judicial independence. He added that works for the organisation of the congress of the Association
were late, because the President of the Supreme Court, who is at the same time the President of the
High Council, had prevented them to make any activity, but they had rented premises for the
Association outside the justice palace, so showing their determination to go on. Upon a question by
President Reissner the delegate from the Democratic Republic of the Congo explained that the
President of the Republic can express an opinion which is different from the opinion of the Council,
but he cannot directly intervene on such decisions.
Guinea
The representative of the Association of Guinea took the floor to explain that in his country the
relations with the executive are rather good and the Minister for justice is on the side of the judiciary.
The willingness of the Association to contribute to improve the degree of judicial independence
managed to convince the President of the Republic to set up a special commission for judicial reforms,
presided over by a former judge. The current parliament recently has approved two laws. The first one
deals with the status of the judges and the second one on the High Council for the Judiciary. The
delegate from Guinea added he was sure that such laws will bring about an improvement of working
and life conditions of judges.
Ivory Coast
The delegate from Ivory Coast informed the Assembly that in his country disciplinary action
against some judges had been taken in a way which was not compliant with the procedures provided
for by the law and the Association had reacted against this. Recent new elections within the Association
had taken place and Honorary President Diakité had been re-elected President of the Association.
Local sections of the Association had undergone a process of restructuring. Some difficulties had
recently arisen, due to some judicial appointments and transfers done by the Ministry against the
opinion of the High Council for the Judiciary. Since 2008 life conditions of judges had been improved
even though some salary benefits had not been paid yet due to the situation of crisis.
Mali
The current president of the Association of Mali took the floor in order to explain the situation
in his country, where the board of the Association had changed following last elections, which had
fostered changing in the continuity. After this a coup d’état had taken place in the country. This event
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had affected the judiciary and the Association. The first effect of this coup was that northern regions of
the country had become insecure and colleagues had to leave those regions to find refuge in the capital
Bamako. Following the violence in the region they had practically lost everything. The Association is
against the idea to send them back, as security is not yet assured. The army is not yet operational and
many judges had been threatened with murder. In this framework the Association had decided to set
aside for the moment all economical claims, taken into account the very difficult moment for the
country.
Morocco
The delegate from Morocco explained that her Association had been very active in the works
for the new Constitution. Currently the President of the High Council for the Judiciary is no longer the
Minister of Justice, but the President of the Supreme Court and the Council is composed also of judges
elected by their peers. In this period the fight is for the independence of the public prosecutor’s office
vis-à-vis the Minister of Justice. The Moroccan Association is currently part of the committee which is
studying the judicial reforms.
Mozambique
The delegate from Mozambique explained her country is undergoing a period of deep reforms,
mainly focused on constitutional and penal law. The Association is involved in such process. Many
conferences had been organised by the Association in order to discuss such reforms and issue
recommendations to be submitted to the Parliament. The first of such recommendation aims at
providing a financial independence of the judiciary and the Constitution should fix a certain percentage
of the annual budget devoted to justice. The Association is as well proposing that the President of the
Supreme Court be a judge of the Court, elected by the other judges of the same Court. Currently
anyone can be appointed to that post and any lawyer or university professor with at least 10 years
experience can be appointed judge of the Supreme Court, whereas only judges could be eligible for
such posts. The Association is as well active in organising conferences aiming at explaining to the
people that activity of judges.
Niger
After Washington no major events took place. Relations to the executive and legislature are
good, even though some problems still exist in the field of security for judges. In month???? 2013 in
some eastern provinces population attacked the courts and destroyed premises and files of cases.
Judges in those areas are protected by police forces. The same problem is experienced in northern
regions, due to attacks by terrorist forces. Recently extremists tried to free some convicts from the
prison of Niamey, but they did not succeed. Some tensions arose with the legislature when a member
of the Parliament was arrested by order of an investigating judge, but the Constitutional Court said this
arrest was correct. Pools of judges specialised in the field of terrorism and financial crimes had been set
up.
Senegal
Some contrasts had taken place during the last months with the executive power. The
government formed after the presidential elections had decided not to confirm finance measures
approved by the previous government and this had caused tensions between judiciary and executive.
Some other measures have been adopted meanwhile and the judiciary is still waiting for their
enforcement. According to its current structure, the High Council for the Judiciary is presided over by
the President of the Republic, whereas the Minister of justice is its Vice President. The Association has
started a debate on this kind of organisation, as many would like to have a stronger judicial
representation within the Council.
South Africa
The President of J.O.A.S.A. took the floor to underlie the importance of the Constitution of the
Republic of South Africa. A Constitution which should be implemented through a more accentuated
separation of powers. Currently the judiciary is composed of two tiers: the higher court judiciary and
the lower court judiciary. Therefore there are two different bodies of appointment as well as two
different bodies of misconduct. The higher court system is regulated by the judicial services
commission and the lower court by the magistrates’ commission. J.O.A.S.A.’s opinion is that there
cannot be two bodies, as all the judges should be considered as public office bearers. Consequently,
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also the remuneration system should be changed, as lower courts currently do the vast majority of the
judicial work and, finally, higher and lower courts apply the same law and deliver the same justice. As
the government did not want to address this issue, the Association was forced to act, stirring strong
retaliations, as J.O.A.S.A. prominent members were charged with accusations of misconduct. This
explains also why the Ministry did not provide any financial support to the I.A.J. meeting in Cape Town
and the Minister for justice did not attend this event.
Togo
The delegate from Togo explained that no major problems were affecting the judiciary in his
country. The Association is continuing its fight for the improvement of life and working conditions for
judges. This year a new law on the judiciary has been approved by Parliament and now the Association
is waiting for the decree which will implement that law. The incumbent steering committee of the
Association will end its mandate soon this year and new elections will take place.
5. The situation of Egypt, Tunisia and Lesotho.
President Musi took the floor to explain the effects of the so called “Arab Spring.”
In Egypt the local Judges Club applied to I.A.J. The initial impression was that it was not a
voluntary body, but later on I.A.J. ascertained that it actually was a voluntary body. They invited I.A.J.
to a meeting in Egypt hosted by the Judges Club, as they have a crisis in the judiciary, because some
people were advocating the removal of a certain number of judges. I.A.J. President Reissner went to
Egypt and could talk with them. President Reissner took therefore the floor, explaining that the
occasion was a conference on the independence of the judiciary. It was a very large conference, with
500 people in attendance, among which many famous jurists. The main attacks to the judiciary can be
summarized as follows. First of all, there is a draft law reducing the age of retirement from 70 to 60
years, what will entail the retirement of 3,500 judges. The General prosecutor has been dismissed
apparently with a procedure which was not compliant with the Constitution. President Reissner
received a number of calls and e-mails trying to dissuade him to travel to Egypt, as they were saying the
scope of the conference was to avoid “corrupted judges”being thrown out. In Cairo President Reissner
explained that the way to solve the problem was not firing in that way 3,500 judges, but taking actions
against those judges who are corrupt. The general impression is that Egypt is still fighting on the
definition of relations among State powers. New elections have been postponed and there is a tension
on the judiciary. There is a strong group of judges who are represented in the Club who want to fight
for the independence of the judiciary. Mr. Reissner’s advice is that we have to go on with the procedure
on the application of Egypt Association.
President Musi then explained the current situation of the rapporteurs on Egypt application.
He then introduced the subject of the situation in Tunisia, explaining the content of a letter sent
by twelve Tunisians to the I.A.J. Secretariat-General. The signatories of this letter are judges and
lawyers from different parts of the country. They are asking for the intervention of the I.A.J., but there
was no indication that this document comes from the association which is member of the I.A.J.
President Reissner referred to information sent by our colleague Duro Sessa from Croatia. He
attended a conference in the framework of relations between the European Union and the countries of
the Mediterranean area.
President Musi added that the issue will be dealt with by the Presidency Committee.
President Musi then explained the situation of Lesotho, pointed out that the Association had
applied to become a member. Two rapporteurs had been appointed and should finalize their report
before the end of June, so to allow to the Presidency Committee to express an opinion on the report
during its next meeting in Naples.
6. Finance.
Secretary-General Oberto explained the document prepared on this subject by the SecretariatGeneral, according to which the availability at 28th May 2013 was of € 15,753.16 (the document is
annexed to this report as enclosure No. 1). Mr. Oberto added on this subject that each year the
Secretariat-General places at the disposal of the Group (as well as of the other Regional Groups) the
sum of € 3,000.00. The financial report was unanimously accepted by the assembly.
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As regards the contributions, Mr. Oberto specified that the Secretariat-General had prepared
the list of associations which are in arrears. He added that he would not cite the names of these
countries, but that concerned delegations should make all possible means to pay their dues as fast as
possible, in order to avoid the sanctions envisaged by the statutes of the I.A.J. Finally he stressed the
need that Associations which are in a situation of arrears to pay their contributions at the latest before
the meeting in Yalta.
President Reissner remarked that, according to our statutes, associations in arrears for over one
year cannot vote and associations in arrear for over than three years will lose their membership.
7. Working group on annual contributions.
The President invited all delegations to give back the answers to the questionnaire which had
been delivered on 1st June to all associations in attendance. The Secretary-General will send these
replies to the ad hoc working commission instituted within the I.A.J. and presided over by Honorary
President Mura.
8. Possible revamping of IAJ’s Central Council meetings.
President Musi pointed out again the need for the Central Council to focus more on substantive
issues than on formal ones. According to this idea, the Presidency Committee had launched the idea to
deal with the subject of the role of High Councils of the Judiciary in the protection of judicial
independence. This conference will be held in Yalta, in framework of next I.A.J. annual meeting. It will
be organised in conjunction with the Ukrainian Association of Judges and with Mr. David Vaughn of
US Aid. All member associations are warmly invited to participate in the debates.
9. Venue for next meeting of the Group.
President Musi asked whether there were associations available to host next meeting of the
Group in the spring 2014. Delegates from Congo said it would be quite difficult to organise such an
event in their country, taken into account the current situation.
Delegates from Niger took the floor to express their availability in case no other association
would be able to do it. President Musi declared therefore that the next venue for the 2014 spring
would be Niger, subject to confirmation in Yalta. The Assembly approved this proposal.
10. Miscellaneous.
The Assembly unanimously approved the Conference Resolutions, which are annexed to this
report as an enclosure (see Enclosure No. 2).
For the benefit of representatives of associations attending the meeting as observers, SecretaryGeneral Mr. Oberto took the floor to explain the main features of the I.A.J. and the procedure for
becoming a member.
Finally I.A.J. President Reissner and African Group President Musi took the floor to thank the
delegates for their presence and contribution to the debates. Special thanks went to J.O.A.S.A. and the
committee which organised the event in Cape Town.
The meeting was closed at 4.00 p.m.
The Secretary-General
Giacomo OBERTO
The President
Cagney MUSI
Enclosures:
1. Budget 2012-2013 and expenses from 1st November 2012 to 28 May 2013.
2. Conference Resolutions.
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AFR budget Cape Town
AFRICAN GROUP
Regional Group of the I.A.J.
BUDGET 2012-2013
and
st
EXPENSES FROM 1 NOVEMBER 2012 TO 28 MAY 2013
(in EURO)
total
A) Reserves
B) Contribution from the IAJ for the year 2012-13
C) Total availability for the year 2012-13 [A+B]
D) expenses
+ 12,753.16
+ 3,000.00
+ 15,753.16
0
Availability on 28 May 2013 [C-D]
0
+ 15,753.16
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CONFERENCE RESOLUTIONS
The African Regional Group of the International Association of Judges met at Cape
Town from the 31 May to 4 June at the occasion of its 18 th annual meeting. During
this meeting those present discussed how culture and customs impact on gender
based violence as well as the manifestations of female circumcision or female genital
mutilation.
The group, after extensive discussion, accepted that gender based violence is endemic
in our respective societies/communities. It therefore resolved that: We must undergo a mindset change and accept that culture is dynamic and not
static.
 Judicial solutions should be considered in conjunction with extra judicial
solutions.
 Institutions/organisations that support vulnerable groups like abused women
should be enlisted to ensure that women’s rights are appropriately recognised
and protected.
 Those who are the custodians of cultural practices should be consulted in order
to change harmful cultural practises.
 Judicial officers and members of society or cultural groups must know and
respect their culture.
 Cultural practices should be researched and documented properly.
 Language and culture are intertwined and should be respected.
 Judicial officers should endeavour to use lay assessors in order to better
understand the cultures of the people who appear in their courts.
 Legislation should be enacted to prevent the corruption of culture and to create
certainty.
 Judicial officers should be activists in order to harness the law to achieve
justice.
 When legislation is enacted to protect the vulnerable groups there must be
follow-up procedures to make sure that the legislation is implemented
properly.
 We recognise that legislation aimed at protecting survivors do not always
achieve that end or stated purpose.
With respect to the definition of the interference with the female genitalia we decided
that female genital mutilation as opposed to female circumcision is the right term.
The meeting unanimously accepted that any form of female genital mutilation is
abhorrent, unacceptable and a violation of women’s dignity and their right to
equality.
We, however, accept and recognise that every cultural practice has negative and
positive outcomes.
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