Mr. Luel Gebremedhin
Administrator of Cassation Court

• Cassation Bench in our context is meant by a bench found in the supreme court of the regional government of Tigray set up to see the fundamental error of laws concerning regional matters decided by lower courts.
• The fundamental error of laws are cited in the cassation bench guideline no1/2013 as:
  • Mistake of interpretation of laws
  • Improper application of laws
  • When the given decision contravenes the constitution and its principles
  • When the decision is found to be encroaching the acts precluded by laws
  • Where there is contravention of a clear law
• To rectify the fundamental error of laws, three judges or, as the case may be, five judges are assigned to scrutinize the file.
• When fundamental error of law is examined:
  • It will be debated in the presence of five or seven judges as the case may be
  • The right decision will be given
  • The president of the supreme court of Tigray may direct a file to have the right interpretation of the law
• In this case:
  • The parties will debate in the presence of seven judges and get decided by them
  • The decision will be final and binding, meaning the lower courts shall observe this decision in their judicial proceedings
• The purpose of the cassation bench is:
  • To have uniform interpretation of similar matters of the region
  • To have effective interpretation of laws by rectifying the decisions of the lower courts
  • To supervise and control their decisions
  • To flourish law developments in the region
• By so doing, the service delivery would be accessible, expeditious, fair, and ensures independence and accountability of judges.
• As a result, the satisfaction of the service takers and the society at large would be enhanced.