Chad 2018 Constitution - Page 7 of 18

Table of Contents

TITLE VI. OF THE JUDICIAL POWER

Article 146

The judicial power is independent of the executive power and of the legislative power.

Article 147

A sole order of jurisdiction is instituted, of which the Supreme Court is the highest instance in judicial, administrative, and constitutional matters, and of the control of accounts.

Article 148

The judicial power is exercised in Chad by the Supreme Court, the Courts of Appeal, the High Military Court, the tribunals and the justices of the peace.

It is the guardian of the freedoms and of individual property. It sees to the respect of fundamental rights.

Article 149

Justice is rendered in the name of the Chadian People.

Article 150

The President of the Republic is the guarantor of the independence of the Magistrature.

He sees to the execution of the laws and of the judicial decisions. He is assisted by the Superior Council of the Magistrature.

Article 151

The President of the Republic presides over the Superior Council of the Magistrature.

The Minister of Justice is, of right, the First Vice President of it.

The President of the Supreme Court is the second Vice President of it.

The other members of the Superior Council of the Magistrature are elected by their peers within the provisions established by the law.

Article 152

The Superior Council of the Magistrature proposes the appointments and the promotions of the magistrates.

Article 153

The magistrates are appointed by decree of President of the Republic after the conforming opinion of the Superior Council of the Magistrature. They are revoked under the same conditions.

Article 154

The discipline and the responsibility of the magistrates at all levels belongs to the Superior Council of the Magistrature.

In disciplinary matters, the Presidency of the Superior Council of the Magistrature is assured by the President of the Supreme Court.

Article 155

In the exercise of their duties, the presiding magistrates are only subject to the authority of the law.

They are irremovable.

Article 156

The other rules of organization, of operation, as well as the system of incompatibilities are established by a law.

Chapter I. Of the Supreme Court

Article 157

The Supreme Court is the highest jurisdiction of Chad in judicial, administrative, and constitutional matters and matters of accounts.

It attends to disputed presidential, legislative, and local elections. It sees to the regularity of the operations of referendum and proclaims the results of them.

It decides on the pleadings of unconstitutionality raised by any citizen before a jurisdiction in a matter which concerns him.

In this case, the jurisdiction postpones to decide and refers the matter to the Supreme Court, which must make a decision within a maximum time period of forty-five (45) days.

The Supreme Court is also competent to judge the President of the Republic and the members of the Government as well as their accomplices in case of high treason.

Any act infringing the republican form, the uniqueness and secularity of the State, the sovereignty, the independence and the integrity of the national territory, constitutes a crime of high treason.

The grave and characteristic violations of the Rights of Man, drug trafficking and the introduction of toxic or dangerous wastes, in regards to their transit, deposit or storage on the national territory, are understood as high treason.

The Supreme Court is composed of five (5) chambers:

one (1) judicial chamber;

one (1) administrative chamber;

one (1) constitutional chamber;

one (1) chamber of accounts;

one (1) non-permanent chamber composed of seven (7) Deputies and of four (4) magistrates of the Supreme Court elected by their peers and responsible for the cases of high treason.

The Supreme Court decides in last resort and its decisions are without recourse.

Article 158

The Supreme Court is composed of forty-three (43) members having one (1) President and forty-two (42) Councilors.

The President of the Supreme Court is chosen from among the professional magistrates.

He is appointed by decree of the President of the Republic after the opinion of the President of the National Assembly.

The other members are designated in the following fashion:

seventeen (17) chosen from among the high professional magistrates of which:
seven (7) from among the specialists of Administrative Law of which:
- four (4) by the President of the Republic;
  
  three (3) by the President of the National Assembly;
eleven (11) from among the specialists of Budgetary Law and of Public Accounting of which:
- six (6) by the President of the Republic;
  
  five (5) by the President of the National Assembly;
seven (7) from among the specialists in Constitutional Law of which:
- four (4) by the President of the Republic and
  
  three (3) by the President of the National Assembly.

The members of the Supreme Court are designated for a mandate of seven (7) years renewable.

The attributions and the other rules of organization and of operation as well as the procedure followed before the Supreme Court are determined by an organic law.

Article 159

The members of the Supreme Court are irremovable during their mandate.

Article 160

Before assuming their function, the non-Magistrate members of the Supreme Court take an oath before the Supreme Court, in the presence of the President of the Republic and of the President of the National Assembly, following the denominational formula consecrated by the law.

Chapter II. Of Customary and Traditional Rules

Article 161

Until their codification, the customary and traditional rules are only applicable in the communities where they are recognized.

However, customs contrary to the public order or those that promote inequality between citizens are prohibited.

Article 162

The customary and traditional rules governing the matrimonial regimes and inheritance may only be applicable with the consent of the concerned parties.

In default of consent, the national law alone is applicable.

It is the same in case of conflict between two [2] or more customary rules.