In Benin, in the lower courts, out of 164 jobs for specific grades, the personnel file in this sector indicates that there are only 128 Magistrates from grades A1-8 to A1-12 in office.
There is therefore a deficit of 36 Magistrates, a deficit to which must be added the retirement of 49 Magistrates between 2024 and 2030.
It is also noted that no Magistrate has grade A1-6 and only one is grade A1-7. When we know that it would take approximately seven years, i.e. by 2030, for the 76 magistrates currently holding grade A1-5 to reach grade A1-8 in order to occupy dedicated posts, it goes without saying that it There is a real need for staff in the lower courts since the majority of magistrates still in office do not yet meet the seniority and rank criteria required by the texts.
It is to resolve this problem that the deputies examined this Wednesday, June 19, 2024, law no. 2024-23 establishing transitional and derogatory provisions organizing the career plan of magistrates for appointments in the lower courts.
This new law, adopted without the votes of the parliamentary opposition, now provides that for a period of seven years, from its entry into force, and notwithstanding any provisions to the contrary, any Magistrate may, for operational reasons, be appointed to a employment legally corresponding to the grades immediately above his grade.
The same text specifies that, however, no Magistrate can, in application of the provisions of the text, be appointed President of a court; Attorney General at a Court of Appeal; President of a Chamber in a Court of Appeal; and President of chamber or section in specialized courts.
According to the clarifications and details contained in this text of law, it is noted that the need for services justifying the application of the new provisions adopted must be specially motivated by the Minister in charge of Justice and assessed by the Superior Council of the Judiciary ( Csm), regulates the law of a transitional and derogatory nature.
Details from the Law Commission
According to the report of the Standing Commission of the National Assembly in charge of Laws, the adoption of the text aims to somewhat resolve the shortage of senior magistrates to occupy certain positions at the level of the lower courts, linked in particular to the departure from the retirement.
For its part, the Government has indicated that this law is necessary for the Beninese judicial system to bring about a reform focused on two important ideas: deviating from the rules relating to the employment of Magistrates in the lower courts and working for the specialization of Magistrates as well as for the proper functioning of the public service of Justice in Benin.
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