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Guinean Legal System and Research

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Guinean Legal System and Research Search UPDATE: Guinean Legal System and Research By Ibrahima Sidibe Ibrahima Sidibe is Professor of Law at the University of Lansana Conte of Sonfonia-Conakry, Departement Droit Public Et d'Anglais, Centre Universitaire de Kindia, Kindia, Republique de Guinee, West Africa. Published November/December 2018 (Previously updated in April 2012 and November/December 2015) See the Archive Version! Table of Contents 1. Introduction 2. Executive Power 2.1. Status of the President of the Republic 2.2. Prerogative of the President of the Republic 2.3. The Prime Minister 2.4. The General Secretariat of Presidency of the Republic 2.5. The General Secretariat of Government 2.6. The General Secretariat of Religious Affairs 3. Legislative Power 3.1. Organization of the National Assembly 3.2. Responsibilities of the National Assembly 3.2.1. Session 3.2.1.1. Ordinary Legislative Procedures 3.2.1.2. Special Procedure 3.2.2. National Budget Act 3.2.2.1. Deadline 3.2.2.2. Voting the Budget 3.2.2.3. Legislation Voted on by the Guinean National Assembly 4. Judicial Power 4.1. Constitutional Court 4.2. Court of Account 4.3. Supreme Court of Guinea 4.4. Ordinary Courts (Court of Auditors) 4.5. Courts of First Instance 4.5.1. Justice of the Peace 4.5.1.1. Jurisdiction in Civil and Commercial Matters 4.5.1.2. Jurisdictions of Justice of the Peace in Penal Cases 4.5.2. Tribunals of First Instance 4.6. Second Instance Court 4.7. The Courts of Exception 4.7.1. Courts For Minors 4.7.2. High Court of Justice 4.7.3. Court of State Security 4.7.4. Military Tribunal 4.7.5. Tribunals of Labor 4.8. Chamber of Arbitration of Guinea 4.8.1. The Council of Administration 4.8.2. Committee of Arbitration 4.9. Administrative Bureau 4.10. Guinean Legal Process 4.10.1. Penal Proceedings in the Guinean Legal System 4.10.1.1. Identifying the Offender 4.10.1.2. Application of Law 4.10.1.3. Means of Redress 4.10.1.3.1. Appeal Before the Court of Appeal 4.10.1.3.2. Appeal for Annulment or Cassation 4.10.1.3.3. Appeal for Revision 4.10.2. Civil Proceedings 4.10.2.1. Jurisdiction in Civil Proceedings 4.10.2.2. Means of Redress in Civil Proceedings 4.10.2.3. Rejoinder 5. Economic and Social Council 6. Publication of Decision 7. Guinean Law Publishers, Law Schools and Websites 7.1. Publishers 7.2. Law Schools 7.3. Websites of Guinea 8. Conclusion 9. References 1. Introduction The New Guinean Constitution has 162 articles regrouped in 19 titles (Chapters). This constitution that was adopted after the death of Guinea’s second president, General Lansana Conte, on December 22nd, 2008 and the ensuing takeover by the army led by Captain Moussa Dadis Camara a few hours later asserts Guinea’s adhesion to the ideals and principles of the United Nations, the Universal Declaration of Human Rights, the conventions and international covenants on human rights, the Constituted Act of African Union, the African Charter of Human and Peoples’ Rights and its additional protocols relating to human rights as well as the revised treaties of ECWAS and its protocols of democracy and good governance. It guarantees the separation of powers and dedicates 22 articles to the rights and duties of the citizens. It provides for the possibility of the National Assembly being dissolved by the President of the Republic. It marks the beginning of Guinea’s Third Republic. This Constitution, as mentioned before, provides for the separation of the powers of Government. As it will be observed, there are discrepancies in this separation, hence the necessity of discussing the powers of the government. 2. Executive Power The executive power is vested with the President of the Republic who is elected for five years renewable once, and a Prime Minister. His status and prerogative are provided by the Constitution. 2.1. Status of the President of the Republic He is the first personality of the State; he is politically not responsible for acts accomplished in exercise of his duties. He can only be brought to justice (before the High Court of Justice) for high treason (haute trahison). In case of vacancy of power (for impeachment, physical incapacity or death), the President of the National Assembly (the Speaker of the Parliament) takes over as the interim president. If the latter is also impeached, physically incapable or dies, one of the four Vice-Presidents of the National Assembly by order of precedence is designated to be the interim President. The interim president will exercise the power for not more than sixty days during which a fresh presidential election will be held. Within that period, the Interim President cannot hold any referendums; he can neither dissolve the National Assembly nor take the initiative of the constitutional amendment. He cannot exercise the presidential pardon. The former Presidents of the Republic come after the President in Office in official ranks. They are, by right, members of the Economic and Social Council. 2.2. Prerogative of the President of the Republic He is the custodian of the Constitution and the guarantor of national independence, territorial integrity and the respect of international treaties. He appoints Guinean diplomatic representatives and receives foreign ambassadors accredited in Guinea. He is the head of the army and exercises exceptional authorities. He can submit to referendum bills in limitedly determined areas for adoption. He can take the initiative of bills to be submitted to the parliament and the constitutional review. He appoints and dismisses Ministers and other administrative officials; determines and conducts general policies of the nation. He has at his disposal the authority of regulation He can dissolve the National Assembly once certain conditions are met. He has authority of executive clemency. He is the President of the Superior Council of the Judges. He has the authority of sizing the Supreme Court for the control of constitutionality of laws. He appoints the President of the National Council of the Communication as well the President of the Economic and Social Council. His Mandate is incompatible with any other occupation, be it public or private. 2.3. The Prime Minister The Prime Minister, the Head of the Government, is appointed by the President of the Republic and can be revoked by the same. The Prime Minister is responsible of leading, supervising, coordinating and impelling the actions of Government of which he proposes the structure to the President of the Republic.[1] In the Constitution of the second Republic, the position of the Prime Minister was not provided even though several official have been appointed as Prime Minister. A jurist consult, M. Alhassan Makanera Kake stated that the constitutional practices in Guinea combined with the interpretation of article 39 gives the constitutional ground for the post of Prime Minister in Guinea.[2] This Article stipulates that the President of the Republic appoints Ministers. He can determine by decree the prerogative of every Minister. He can delegate part of his authorities. The ideologists interpreted this article as allowing the President of the Republic to appoint a Prime Minister to assist him in carrying out his responsibilities. The history shows that Prime Ministers have been at times appointed without regard to the constitutional processes: Lansana Beavogui appointed by the Presidential decree 113/72/PRG of April 26 1972, he was not the Head of Government. After the change of regime in 1984 through a coup d’état, a Prime Minister, Head government was appointed; he was Diarra Traore. The post was to be scratched out on December 18, 1984 to be re-established by Presidential decree no. D96/098/PRG/SGG of July 9, 1996, naming Mr. Sidia Toure the Prime Minister, in charge of the economy and finance portfolio. Later in 1999, a new prime minister, Lamine Sidime, was appointed only to be responsible of coordinating the actions of the government. In 2004, another Prime Minister, Francois Lounseny Fall, was appointed but resigned few months later. He has been followed by Cellou Dallin Diallo. All these prime ministers except the one before the adoption of the constitution, as observed, were appointed on the ground of article 39. But Lansana Kouyate appointed Prime Minister at the beginning of the year 2007 as part of the deal that ended the general strike that, according to the report of Human rights organizations, claimed about 183 lives including largely among civilians. It was called up by the main Trade Unions. The agreement reached on the January 27, 2007 quelling the unrest provided for the appointment of a Prime Minister, Head of government. He was replaced one year and half after by Ahmed Tidiane Souare in June 2008. After the death of the President of the Republic, General Lansana Conte and the subsequent overthrow of the Government, Captain Moussa Dadis Camara appointed Mr. Komara as Prime Minister and Head of the Government. Under the present Constitution, the position of Prime Minister is guaranteed. Article 52 stipulates that a Prime Minister and Head of Government be appointed by the President of the Republic. After the election of the present President of Republic, the professor Alpha Conde, Guinea has a New Prime Minster, Mohamed Said Fofana. 2.4. The General Secretariat of Presidency of the Republic Under the authority of the President of the Republic, the General Secretariat of the Presidency of the Republic's missions are: the implementation of government policy in the areas of operation and coordination of activities of the Presidency of the Republic.
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