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Name of the institution
: Administrative Section of the Supreme Court
President
:
Mrs DIALLO Kaïta KAYENTAO
Mrs Hawa SANTARA (President of the administrative section)
Address :
Supreme Court
Post Office box 07 Bamako
REPUBLIC OF MALI
Phone number
:
(223) 22.24.06 (Court)
(223) 23.03.55 (president's secretary)
Fax :
(223) 22.29.28
(223) 23.57.88
(223) 23.57.89
Composition
and structure
Number of
members :
One First President, one Vice-president, one attorney general, three
presidents of section, thirty five councilllors, two "Commissaires
du Gouvernement "and three public prosecutors.
Recruitment
procedures and incompatibilies :
The First President, the Vice-president, the attorney general, the
presidents of section, the councillors and the deputy prosecutors
are appointed by decree taken in the Council of Ministers. The First
President and the Vice president are appointed upon the favourable
advice of the Superior Council of Magistrature.
All the members are chosen amongst persons possessing a recognized
competence in judicial, administrative, or financial matters, a
moral integrity above all suspicion and a correct physical and psychical
fitness.
The functions of member of the Supreme Court are incompatible with
the functions of minister, member of parliament, director of a State
corporation, with all administrative functions and all private professional
activity, except the derogations established by the law.
Internal
organization :
The Supreme Court is composed of three sections :
- judicial section;
- administrative section
- accounting section
The judicial
section is subdivided into five chambers :
- two civil chambers
- one commercial chamber
- one criminal chamber
- one social chamber
The administrative
section is subdivided into two chambers : a chamber in charge of
public law disputes and a consultative chamber.
The accounting section is subdivided into two chambers : a chamber
of litigations and of budgetary discipline and a chamber auditing
the accounts and supervising the public corporations.
The First President is responsible for the administration and the
discipline of the Supreme Court. He is assisted by the board of
the Court. The board is chaired by the First President and is composed
of the Vice president, the attorney general, the presidents of section
and the secretary general. The President is authorized to pass accounts
and is assisted by an administrative.
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Court
functions
Jurisdiction
:
The Supreme Court is the highest judge in civil, commercial and
criminal affairs. Its function is to examine the legality of the
rulings of which it is seized.
The Court is judge of appeal of all the judgments pronounced in
first instance by the administrative tribunals. It is competent
to hear, in first and last resort, certain actions. It may be seized
of petitions for cassation against the rulings in last resort of
administrative authorities having a jurisdictional function. The
court checks the public accounts and the financial management of
the civil servants and of the private law corporations in which
the State or the public authorities possess a financial participation.
Organization
of the courts system :
The judicial section acts, in the matters for which it is competent,
as judge of cassation. The administrative section intervenes either
in first and last instance, in appeal or in cassation.
Powers of
the judge :
In civil, commercial, social and criminal matters, the Court has
mainly a power of annulment. In administrative matters, it can annul,
reverse and alward damages.
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Advisory
functions
Existence
and extent of an advisory authority :
The Court gives its advice on every bill, draft of decree or on
any other question on which its intervention is provided for by
the law. It may, on its own initiative, submit to the public authorities
any legal or administrative reform which it thinks necessary for
the general interest.
Authority
and publicity of the advisory opinions :
The advisory opinions of the Court are transmitted to the head of
the government.
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