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An Introduction to the Legal System and Legal Research in Chad

By Nadjita F. Ngarhodjim

Nadjita F. Ngarhodjim holds an LLB (University of N'Djamena), and LLM (University of Pretoria).  Nadjita
is a Legal Expert at the African Commission on Human and Peoples' Rights.

Published December 2007

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Table of Contents

Introduction: Historical Background

The Constitutional Framework

The law Making Process

Sources of Law

The Constitution

International Treaties

Acts of Parliaments

Acts of the Executive Branch: Rules and Regulations

Ordinances

Customary Law

Main Legislation

The Judiciary System

Legal Education and Legal Research

Some Websites Relevant to Legal Research

 

Introduction: Historical Background

The landlocked state of Chad is situated at the junction of Central, North East and West Africa. The
colony of Chad became a Republic on 28th November 1958 within the French Community established by
the Constitution of 4th October 1958 inaugurating the French Fifth Republic.

On 11th August 1960, the Republic of Chad became an independent State under François Tombalbaye,
its first President. A new Constitution came into force on 28th November 1960. The political and legal
system established by this new constitution, like those of many other former French colonies in Africa,
was very similar to the French Fifth Republic. The main differences with the French system were that all
the executive power is concentrated in the hand of the President, that the Parliament comprised only
one House, the National Assembly, and that there was no Constitutional Council. The 1960 Constitution
was repealed by the Constitution of 16th April 1962 which established one-party system.

On 13 April 1975, President Tombalbaye was killed in a military coup perpetrated by a group of army
officers. On 15th April 1975, a High Military Council, chaired by General Felix Malloum, and a Provisional
Government were established. The 1962 Constitution was suspended. The coup inaugurated a period of
political instability in Chad. Very soon, the new military regime had to face armed rebellions, especially
in the northern part of the country. A series of talks led to the formation of a Transitional Government
of National Unity (Gouvernement d'union nationale de transition - GUNT) under the leadership of
Goukouni Weddei, a former rebel leader, supported by Libya. The formation of the new government did
not succeed in bringing the situation to normalcy as the country was divided into several regions
controlled by armed factions. Furthermore, the relationship between Goukouni Weddei and his Prime
Minister, Hissein Habré, himself a former rebel leader, was tense. The Libyan troops supporting
Goukouni Weddei left N'Djamena in 1981, and a year later, in 1982, Goukouni was overthrown by
Hissein Habré, who set up an authoritarian regime where fundamental rights and freedoms were
suspended.

In 1990, Hissein Habré was toppled by his former right-hand man and Chief of Defense Staff, Idriss Déby.
The new President proclaimed a democratic regime with the restoration of civic rights and freedoms. In
1993, an inclusive National Conference was held, which inaugurated a transitional period culminating in
the adoption a new Constitution and the holding of general elections. There has been, since then, three
presidential elections (1996, 2001 and 2006), all held under poor conditions of transparency. The last
election, organized during a period where the regime was faced with armed rebellion in the north and
the east, was boycotted by major opposition parties.

Under the pressure of the international community (especially France, the European Union, and the
United States of America), the regime initiated dialogue with the political opposition, and with the
armed groups. An agreement was entered into with the political opposition in August 2007 to work
together on the framework for fairer and freer elections.

The Constitutional Framework

The current Constitution of Chad was adopted by referendum on 31st March 1996. It was amended by
the Constitutional Act 08/PR/2005 of 15th July 2005. The Amendment abolished the Senate, one of the
two Houses of the Parliament, established an Economic, social and cultural council, and removed the
limitation of presidential terms in office, allowing President Déby to run for a third term in 2006.

In terms of the 1996 Constitution Chad is a Republic founded on the principles of democracy, the rule of
law and justice. The separation of powers is entrenched in the Constitution, which established an
Executive made up of a President elected directed by the people for a renewable five-years term, and a
Government led by a Prime Minister appointed by the President. The Government is responsible before
the Parliament comprising a single House, the National Assembly. The National Assembly can pass a vote
of no confidence, obliging the Government to resign. The President has the power to dissolve the
National Assembly in the situation of persistent conflicts between the Executive and the Legislative or
when, twice in a year time, the National Assembly has dismissed the Government. The Judiciary is
independent from the Executive and the Legislative branches of power. It includes the Supreme Court,
the Courts of Appeal, the Tribunals and the Justice of the Peace.

Other institutions include the Constitutional Council, the Economic, Social and Cultural Council, the High
Council of Communication and local institutions (regions, departments, communes and rural
communities with their own legislative and executive branches).

The Law Making Process

Passing laws in Chad is not the monopoly of the Parliament. Such power belongs concurrently to the
Parliament and the Executive Branch. There is a reserved legislative domain defined by the Constitution
(Article 121). All other matters that have not been expressly identified to be within the ambit of the
reserved legislative domain fall under the executive domain. Existing legislation on matters belonging to
the executive domain can be modified by a decree taken after consultation of the Administrative
Chamber of the Supreme Court. Any subsequent intervention of the Parliament in the executive domain
shall be established by the Constitutional Council before its eventual modification by decree.

During the discussion of a Bill, if the Government is of the view that a proposal or an amendment falls
outside the reserved legislative domain, it can draw the attention of the Parliament by raising the
inadmissibility (irrecevabilité) of such a proposal or amendment. In case of disagreement between the
Parliament and the Government, either party can defer the matter to the Constitutional Council that
shall take a decision within eight days (Article 132 of the Constitution).

Sources of Law

Sources of law in Chad include the Constitution, international treaties ratified by Chad, Acts of
Parliament, Regulations, ordinances, and customary law.

The Constitution

The Constitution is the supreme law of the land. All the other sources of law shall be in conformity with
its provisions.

International Treaties

Chad is a Civil Law Country. International treaties are dealt with under Title XIV (Articles 217 to 221) of
the Chadian Constitution. International treaties are negotiated and ratified by the President of the
Republic. Some treaties shall necessarily be ratified, and their ratification requires the authorization of
the Parliament. These include peace treaties, defense treaties, trade treaties, treaties relating to the use
of the national territory or the exploitation of natural resources, agreements relating to the
international organization, treaties involving state finances, and treaties relating to the status of
persons.

Treaties involving the transfer, the exchange, and the addition of territory need the consent of the
people to be expressed by means of referendum.

Other treaties are negotiated by the Government. The President of the Republic shall be informed of
such negotiations.

International treaties and agreements shall be compatible with the Constitution. If the Constitutional
Council, at the request of the President of the Republic or the Speaker of the National Assembly, finds
that a provision of a treaty is not compatible with the Constitution, such a treaty cannot be ratified
unless the Constitution is amended. Once a treaty is lawfully ratified and published, it has an authority
that is superior to national legislation.

Acts of Parliaments

Acts of Parliaments in Chad are passed by the National Assembly. Such Acts may originate from the
Government (projet de loi) or from a Member of the National Assembly (proposition de loi). Once a bill
is passed, it is sent on to the Government and signed into law by the President of the Republic within 15
days (8 days in case of emergency). During these 15 days, the President can send the bill back to the
National Assembly for more deliberation. 

The Constitution identifies a domain where the Parliament can intervene by means of legislation. Within
this domain, there is a distinction between matters for which the Parliament sets the rules and those for
which it only determines the fundamental principles that need to be subsequently complemented by
rules and regulations to be taken by the Executive Branch.

The Parliament can pass laws to regulate civic rights and fundamental guarantees for the exercise of
public freedoms, taxation, citizenship, the status and the capacity of persons, matrimonial regimes,
inheritance and liberal gifts, the determination of criminal offences and applicable sentences, criminal
proceedings, amnesty, the establishment of new courts, the status of judges, etc.

The Parliament determines the fundamental principles of the administrative organization of the
territory, the organization of national defense, the autonomy of local institutions, public health, social
affairs and child rights, private properties, the protection of the environment and the conservation of
natural resources, labor law, public estate, etc.  

Acts of the Executive Branch: Rules and Regulations

The Executive intervenes in the law making process principally by regulating matters within the
executive domain, and secondarily by taking measures to complement the matters for which the
Parliament has determined the fundamental principles.

Both the President of the Republic and the Prime Minister has statutory power. The President signs all
the decrees deliberated by the Council of Minister. Such decrees are countersigned by the Prime
Minister. The President also signs other decrees. The Council of Ministers shall determine, within the
executive domain, matters on which the Prime Minister exerts his statutory power.

Ordinances

The Government may, for the implementation of its program, request the National Assembly to allow it
to legislate, by ordinance, on matters that are normally within the scope of the reserved legislative
domain. Such an authorization is time-bound, and the Government shall table all the ordinances that it
has passed during the authorized period before the National Assembly when the latter is sitting. Failing
to do so makes the ordinances null and void. Ordinances are passed by the Council of Ministers, which
shall request for the opinion of the Administrative Chamber of the Supreme Court.[1] 

Customary Law

Customary and traditional rules are applicable in communities where they are recognized, provided that
they are not in conflict with the law. Customary and traditional rules promoting inequality between
citizens are prohibited, and those governing matrimonial regimes and inheritance require the consent of
the parties concerned.[2]

Main Legislation

Upon its accession to international sovereignty, the Republic of Chad chose to maintain colonial pieces
of legislation, until such a time that they are replaced by national laws. The most important such a
colonial piece of legislation is the Civil Code. Chad is still using the 1958 edition of the French Civil Code.
In 1999, the government drafted a Persons and Family Code (Code des personnes et de la famille) which
is yet to be validated and passed into law by the Parliament to replace the Civil Code.

Other important pieces of legislation include: the Labor Code (Act n° 038/PR/96 of 11th December
1996), the Penal Code and the Penal Procedure Code (Ordinance n°12 ET 13/PR/MJ of 9th June 1967),
the Political Parties Charter (Act n° 45/PR of 1994), Ordinance n° 27 of 28th July 1962 Regulating
Associations, the Press Regulation Act n°029 of 12th August 1994, the Investment Code (Ordinance
n°025/PR/87 of 8th December 1987) the Mining Code (Act n°011/PR/95 of 20th June 1995), and the
Anti-Corruption Act (Act n°044/PR/2000 of 16th February 2000).

The Judiciary System

The judiciary is independent from the Executive and the Legislature. Judges remain in function on a
permanent basis, and they are only subject to the law in the exercise of their function. The judiciary
comprises the Supreme Court, Courts of Appeal, Tribunals and the Justices of the Peace.  The
administration of the judiciary (including the appointment, promotion, discipline and responsibility of
judges, etc.) is the responsibility of the High Council of the Judiciary (HCJ). The HCJ proposes Judges to
the President for appointment and promotion. The Council is chaired by the President of the Republic,
with the Minister of Justice and the Chairperson of the Supreme Court respectively as first and second
Vice-Chairs. The other members of the HCJ are judges elected by their peers. When sitting on
disciplinary matters, the HCJ is presided over by its second Vice-Chair.

Besides the regular Courts, the 1996 Constitution established a Constitutional Council to control the
conformity of laws and international treaties and agreements with the Constitution. The Constitutional
Council also entertains disputes arising from presidential and legislative elections. It also monitors the
lawfulness of the referendum operations and proclaims the result of the same. The membership of the
Constitutional Council includes nine Counselors (three judges and six highly qualified lawyers) jointly
appointed by the President of the Republic and the Speaker of the National Assembly for a non-
renewable 9-year term in the course of which they are irremovable.

The Constitution also provides for the institution of a High Court of Justice, which is competent to try the
President of the Republic and Members of the Government in case of high treason. The membership of
the High Court of Justice includes 10 Members of Parliament, 2 Members of the Constitutional Council,
and 3 Judges of the Supreme Court.

Legal Education and Legal Research

There are two main universities in Chad with a faculty of law: the University of N'Djamena and the Adam
Barka University of Abéché. None of them have a functional law reporting system.

The Chadian Legal Database (Banque tchadienne des données juridiques), hosted by the Center for
Development Study and Training (Centre d'étude et de formation pour le développement - CEFOD)
contains laws, codes, decrees, and the Chadian Law Review (Revue juridique tchadienne) which is
available online.

Acts of Parliament, Decrees, and other official sources of law and documents are published in the Official
Gazette of the Republic of Chad (Journal officiel de la République du Tchad), edited by the National
Printing House of Chad (Imprimerie nationale du Tchad).

All legal information about Chad (including the Constitution, Codes, Acts of Parliament, Ordinances,
Decrees, jurisprudence, Official Gazette, law review, etc.) can be found at the Chadian Legal Database
(Banque tchadienne des données juridiques) located within the Center for Development Study and
Training (Centre d'étude et de formation pour le développement - CEFOD). Some of these resources are
accessible on the Website of the CEFOD.

Some Websites Relevant to Legal Research

State Institutions' Official Websites

Presidency of the Republic (French)

Government (French)

Ministry of Finance, Directorate General for Tax (French)

The College for the Control and Monitoring of Oil Resources (French)

US Embassy

Legislation and Jurisprudence

Chadian Legal Database (French)

Droit francophone (French)

Association des Hautes Juridictions de Cassation des pays ayant en partage l'usage du Français (French)
Business Law

OHADA (French)

Human Rights

Amnesty International

FIDH

Human Rights Watch

[1] Article 125 of the 1996 Constitution.

[2] Articles 161 to 163.

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