Proclamation No.416/2004 The Dire Dawa Administration Charter Proclamation | GOALGOOLE | Because you need Information for your goals !
7023 Bole Kifle Ketema, Addis Ababa, Ethiopia
0116616179/85 mcc@ethionet.et

Proclamation No.416/2004 The Dire Dawa Administration Charter Proclamation

PROCLAMATION No. 416/2004
DIREDAWA GOVERNMENT CHARTER PROCLAMATION

WHEREAS, the Diredawa City has been accountable to and directed by the Federal Government since 1993 as per the decision thereof until such a time that the then claims of the Somalia and Oromia Regions would be finally resolved;

WHEREAS, legal foundation that enables self-administration is necessary to ensure good governance and to expedite development in Diredawa city until a lasting solution is secured;

WHEREAS, it is necessary to create conducive conditions which capacitate the City to render trade, industry and other services for the eastern parts of the country;

WHEREAS, it is necessary to clearly legislate conditions that enable Diredawa to be governed as a modern and competitive work and residential city in which the entire well being of its residential city in which the entire well being of its residents is ensured, and efficient and cost-effective municipal service is equitably delivered,

WHEREAS, it is necessary to confer self-government power on the residents of Diredawa and to legally determined the organizational structures and operations of the city in conformity with democratic principles, good governance order and contemporary trends of growth and development;

NOW, THEREFORE, in accordance with Article 55 (1) of the Constitution of Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:

PART ONE
GENERAL PROVISIONS

1.    Short Title
This Proclamation may be cited as “The Dire Dawa Administration Charter Proclamation No. 416/2004.”

2.    Definition
Unless the context requires otherwise, in this proclamation
1.    “City” means the Diredawa City;
2.    “City Administration” means the Diredawa City Administration;
3.    “Mayor” means the chief executive officer who governs the City Administration;
4.    “Municipal service” includes water and sewerage service, road construction service, fire and emergency service, civil status records operations encompassing other day to day services for residents, Land development and management, City sanitation and beautification and other services to be designated as such by the City government;
5.    “Qebele” means second administrative stratum of the City;
6.    “Conditions of Work” means the entire relations between the City Government and its officials and employees and shall include hours of work, salary, leaves, payments due to dismissal, if any, health and safety, compensation to victims of employment injury, grievance procedure and other similar matters.

3.    Legal personality
The City Administration shall have legal personality. Organs or Power set out by this Charter and other bodies to be established by the City Council in accordance with this charter shall have their own respective legal personality as `representatives of the City Administration.

4.    Boundary
The City shall a boundary, which includes the existing urban and rural Qebeles. In the event of a need of making a change in its boundary in the future, the City Administration may delimit it as per agreements to be made with neighboring Regions.

5.    Official language
The official language of the city Administration is Amharic.

6.    Rights of Residents
1.    Without prejudice to the constitution of the Federal Democratic Republic of Ethiopia and other laws of the country the residents of the City have the right;
a)    To identify or through their representatives, deliberate and decide on policy, administrative and budgetary matters of the City Government;
b)    To seek and receive information; forward their opinions, invoke questions, and receive replies concerning matters to be decided about the city;
c)    Have the right to get services to be rendered by the City Administration in accordance tithe ht principles of quality, transparency and equity.
2.    Policies, budget, plans and directives of the City Administration must be publicized to residents.

7.    Election
The election of the City to be held according to this Charter shall be conducted according to the electoral law of the country.

PART TWO
OBJECTIVES, ORGANIZATION, POWERS AND FUNCTIONS

8.    Objectives

The City Administration shall have the objective to
1.    Institute good governance in which efficiencies transparency and accountability to the residents dwell as well as to make a city in which expedient and equitable municipal services and reliable security and social harmony ensured;
2.    Create favorable conditions of living and work as well as to facilitate conditions in which residents determine the overall operations of the City and bcome beneficiary of its development;
3.    Make a centre where Ethiopian nations, nationalities and peoples reside in equality and express their cultures;
4.    Make a city where the well-being and comfort of residents is safe kept and particularly where children, women, persons with disabilities, elderly people and other disadvantaged segments of society avail of special support;
5.    Bring about speedy economic development through the encouragement and enhancement of investment and research;
6.     Render trade, industry and various services for its surrounding areas;
7.    Make the City a naturally balanced, clean, green and favorable environment through the prevention of environmental pollution.

9.    Powers and functions of the city Administration
Having powers to make laws and exercise judicial powers specifically conferred on it by this charter as well as executive powers and functions over matters that have not specifically been included in the details of the powers and functions of the Federal Government executive organs,
1.    The City Administration shall issue and implement policies, proclamations, and Regulations as well as adopt economic and social development plans concerning the development of the city;
2.    The City Administration shall:-
a)    Establish municipal and non-municipal bodies on the City;
b)    Constitute public enterprises as legal entities on its own or in partnership with enterprises of the private sector or other third parties.
c)    Establish Qebeles, and demarcate their borders, as well as allocate budgetary subsidy to it.
d)    Determined the administration and the working conditions of employees and officials of the city Government as well as the staff of other organs of power set forth by this charter.
e)    Identify, determine and organize municipal services to be delivered at the level of the City center and Qebele; provide efficient, effective and equitable services through the use of a variety of service delivery alternatives and the participation of the people; as well as ensure that a standardized acceptable system of servicer delivery is in place;
3.    Administer, according to law, the land and the natural resources located within the bounds of the city; expropriate, in accordance with law, a private property and or clear and take over land possession designated as and object of public interest after having paid commensurate compensation;
4.    Administer, lease, develop, sale and collect incomes from houses nationalized as per Government Ownership of Urban Lands and  Extra Houses Proclamation No. 47/1995 and administered by the City Administration has built or obtained in accordance with law;
5.    The City Administration shall, in accordance with the specific provisions of this Charter,
a)    Prepare, approve and administer the budget of the city
b)    Determine and collect, according to law, taxes, duties and service charges out of the sources of income specifically given to the City Administration; revoke taxes and penalties effective as per the law; participate in income-generating activities, and receive donations and gifts;
c)    Borrow money from domestic sources at the will of the Federal Government;
6.    The City Administration may establish relations and conclude co-operation agreements with the organs and institutions of the Federal organs and institutions of the Federal Administration and the Regions of the country, the Private sector and nongovernmental organizations as well as, at the authorization of the Federal Government, with various international organizations;

10.    Structure of the Organs of Power of the City Administration
1.    The City Administration shall have organs of power to be organized at the level of the City center and qebele:
2.    The organ of powers of the City center shall be the following,
a)    City Council
b)    Mayor,
c)    City Cabinet,
d)    City Judicial organs, and
e)    The Office of the Chief Auditor of the City.
3.    The organs  of power of qebele administration are the following:
a)    Qebele Council,
b)    Qebele chief executive,
c)    Qebele standing committee, and
d)    Quebele social Court.

PART THREE
THE CITY COUNCIL

11.    Members of the City Council
1.    Members of the Council shall be elected by the residents of the city for a term of five years.
2.    The number of member of the Council shall be determined according to the electoral law.
3.    No member of the Council may be prosecuted on account of any vote he cast or opinion he express in the Council, nor shall any administrative action be taken against him.
4.    No member of the Council may be arrested or prosecuted without the authorization of the Council, unless he is caught red handed for grave offences.
5.    Members of the Council are free and their accountability shall be only to:
a)    The Constitution of the Federal Democratic Republic of Ethiopia.
b)    This Charter,
c)    Their conscience, and
d)    The residents of the City.
6.    Any member of the Council may, in accordance with the law, be discharged from his membership of the Council where the electorate has lost confidence in him.
7.    No member of the Council shall be elected in other electoral polls to be conducted pending the term of office of this council according to the electoral law, unless he has resigned or he has been discharged from membership of this Council.
8.    Any Council member should retrain himself and notify thereabout where his personal interest and that of the Council are in conflict. The details thereof shall be set out by Regulations.

12.    Power and Functions of The City Council
1.    So as to realize the powers and function entrusted to the City Administration, the City council shall have power to promulgate Proclamations on the following matter:
a)    To establish the municipal and non-municipal organs of the city.
b)    To approve the budget of the City Administration;
c)    To issue the structure plan of the City;
d)    T establish the judicial bodies of the City without prejudice to the provisions of this Charter;
e)    To levy taxes and duties, and set service charges, upon financial matters falling under the power of the city Administration in accordance with this charter.
2.    With prejudice the provisions of Sub-Article, The City Council shall have the following powers and functions:
a)    To adopt policies on matters falling within the purview of its power;
b)    To issue Regulations either according to the authorization of the Proclamations of the House of Peoples’ Representatives; or, in the absence of such authorization, where the Council of Ministers has not issued Regulations for the implementation of Proclamations of the House of People representatives;
c)    To approve the short-term and long-term economic and social development plans and annual budgets of the City;
d)    To levy taxes and duties on revenue areas and set service charges specifically indicated under this Charter;
e)    To elect from among its members the spoken person, the deputy spokesperson and the secretary of the Council and to establish the Secretariat of the Council;
f)    To elect, from among its members, the City mayor and the Deputy mayor;
g)    To approve the appointment of the members of the City Cabinet upon the nomination by the mayor;
h)     To approve the appointment of the president, the vice president and the judges of the City Appellate and first Instance Courts and the appointment of the chief Auditor as well as to establish the Judicial Administration Commission and to designate its members;
i)    To approve the appointment of presidents of other bodies having judicial powers and accountable to it and of other officials shoes appointments to be so approved by the City Council as per the law;
j)    To establish municipal and non-municipal bodies, including the public enterprises of the City;
k)    To establish the committees of the Council and to designate their members from among its members;
l)    Designate an external auditor from among 3 candidates to be proposed by the mayor at any time and where it so requires, and to examine and render decision upon the report to be submitted by the external auditor;
m)    To approve the standard of quality of municipal services and service charges;
n)    To determine the number of the members of Qebele Councils;
o)    To allocate budgetary subsidy to Qebeles according to the formula it adopts;
p)    To examine and decide upon the reports to be submitted to it by the mayor and or by organs that are accountable to its;
q)    To approve loan agreements with domestic sources as per the authorization of the Federal Government;
r)    To issue the Code of conduct of the members of the Council;
s)    To conduct investigation according to the Regulations it issues, where it is alleged that the City’s mayor, deputy mayor, the Council’s spokesperson, deputy spokesperson, deputy spokesperson, the City’s Cabinet members, of the Council have violated the Code of conduct; hear witnesses; see to it that other evidences are produced; and render decisions.

13.    Term of Office of The City Council and its meeting Procedures
1.    The term of office of the council shall be five years. The council shall have regular and extraordinary meetings and the regular meeting shall be held every three months;
2.    There shall be a quorum where more than half of its total members are present in a meeting of the Council;
3.    A decision may be passed in any meeting of the Council where more than half the members in attendance second it;
4.    The meetings of the Council shall be open to the public unless it is otherwise necessary for the protection of the city’s security and safety as well as for the interest of individuals and juridical person;
5.    The spokesperson of the council may call an extraordinary meeting; and he shall be duty bond to call an extraordinary meeting where more than half the members of the Council so demand;
6.    The Council shall issue internal Regulations that determined its operations;

14.    Records Keeping of the city Council
The Council shall have a register for its proceedings and decisions. The register shall be public unless the council decides that it endangers the security or safety of the city or that it violates public morality or the rights of others.

15.    The Accountability and Dissolution of the Council
1.    The accountability of the City Council shall be to the Federal Government and to the Residents of the City;
2.    The dissolution of the City Council may be effected by the House of Peoples’ Representatives or by its own decision. Without prejudice to Article 61(3) of this Charter;
3.    The City Council may be dissolved by the Federal Government,
a)    Where  the City Council commits an act that endangers the constitution or where the City Council fails to Control security and emergency situation, the House of Peoples’ Representatives may dissolve the City Administration, establish transitional administration and determine the duration of the transitional administration and determine the duration of the transitional period;
b)    The Prime Minister shall ensure the implementation of the decision under (a) of this Sub-Article.
4.    Where the City Council dissolves by itself,
a)    The City Council may, before the lapse of is term of office, conduct a new election;
b)    Where a coalition of political parties seizing executive power breaks up and fails to occupy the majority seats of the Council, the Cabinet shall be dissolved, and the political parties in the council shall be invited by the Ministry of the Federal Affairs to form a coalition Cabinet within a week. If the political parties fail to form a new Cabinet or to continue the coalition, however, the City council shall be dissolved;
c)    New election shall be held within six months if the City Council  is  dissolved as indicated under (a) or (b) of this Sub-Article;
d)    The new City Council shall commence work within thirty days after the conclusion of the election.
e)    The executive organ in power after the dissolution of the City Council may not make, amend, or repeal laws except executing day-to-day functions and conducting elections.

16.    The Spokesperson of the City council
Being accountable to the Council, the spokesperson shall
1.    Have a term of years of the council but he may be removed from office by resignation suspension or termination of his membership; and the details thereof shall be set out by the internal regulations of the Council;
2.    Direct the Secretariat of the Council;
3.    Represent the Council in all its dealings with third parties;
4.    Call and preside over the meetings of the Council and Co-ordinate the committees thereof;
5.    Prepare the budget of the Secretariat of the Council and implement same upon approval.
6.    Employ and administer the staff of the Secretariat of the Council in accordance with civil service law;
7.    Ensure that laws adopted by the Council are published in the Addis Negarit Gazette;
8.    Execute disciplinary measures decided by the Council on its members;
9.    Give periodical briefings to the residents and notify concerned organs about decisions passed by the City Council. He shall also ensure that the documents of the Council are available and accessible to residents;
10.    Prepare plan for capacity building of the members of the Council and implement it jointly with concerned executive bodies;
11.    Create cordial relations and exchange experiences with internal and external counterpart Councils.
12.    Perform other functions assigned to him by the Council.

17.    The Deputy Spokesperson of the City Council
1.    Being accountable to the spokesperson of the Council,
a)    He shall act on behalf of the spokesperson in the absence or incapacity of the latter;
b)    He shall perform other functions assigned to him by the spokesperson;
2.    The provisions set for the under Article 16 (1) shall be applicable to the deputy spokesperson;

18.    The Secretary of the City Council
Being accountable to the spokesperson of the Council, the Secretary of the Council;
1.    Shall prepare the agenda of the Council in consultation with the spokesperson, and record, publish and keep the minutes of the Council;
2.    Shall ensure that the minutes and documents of the committees of the Council are recorded and kept. He shall also distribute minutes in accordance with the internal Regulations of the Council;
3.    May be removed from office by resignation, suspension or termination of his membership of the Council. The details thereof shall be set out by the internal regulations of the Council;
4.    Shall perform their functions assigned to him by the spokesperson.

PART FOUR
EXECUTIVE BODIES OF THE CITY

19.    Constitution of the Executive Organ of the City
The political party occupying the majority seats by the Council or, where such does not exist, the coalition of political parties shall constitute the executive organ of the city;

20.    The Mayor
1.    Being accountable to the City Council and the Federal Government, the Mayor is the chief executive officer of the city and is responsible for the management of the city’s municipal and non-municipal undertakings
2.    Without prejudice to the generality of the provisions of Sub-Article (1) of this Article, the Mayor shall;
a)    Execute decisions, laws, annual plans and budgets adopted by the City Council.
b)    Purpose to the City Council various policies, economic and social development plans, and annual budget after consultation thereon by the Cabinet and ensure the implementation thereof upon approval;
c)    Represent the City as an ambassador thereof and sign agreements made with Sister-City;
d)    Ensure the observance of law and order in the city;
e)    Recruit and seek the Council’s approval of the appointment of Cabinet members;
f)    Propose three external auditors to the City Council where the latter resolves, as may be necessary, to appoint an external auditor;
g)    Hire the City manager by a contract of employment for a definite period of time on the basis of his professional competence and in consultation with the Cabinet;
h)    Hear pressing problems of residents and their grievances;
i)    Represent the City in national ceremonies and public holidays;
j)    Ensure, in consultation with concerned bodies, the preparation of public forums where plans, budget and work performances are presented for and commented by the public;
k)    Submit annual report to the Council. He shall also submit to Council periodical report as necessary as may be determined by the latter. Likewise he shall submit report to the Ministry of Federal Affairs according to the provisions of Article 61 (6) of this Charter;
l)    Ensure that a standardized and equitable service delivery alternative is implemented;
m)    Prepare and propose to the Federal Government the amount of support needed from the latter after consultation thereon by the City Cabinet;
n)    Prepare and propose drafts of proclamations and Regulations to the Council after consultation thereon by the Cabinet;
o)    Appoint the head of the executive bodies of the City other than those whose appointments must be approved by the Council. He shall also designate the presiding chairpersons and members of the Boards of public enterprises and other bodies of the City;
p)     Organize his Office;
q)    Award prizes in accordance with law’
r)    Perform other functions assigned to him by the City Council and by the Federal Government;
3.    The term of years of the Mayor shall be the term of office of the Council, but he may be removed from office by resignation, suspension or termination of his membership of the Council. The details thereof shall be set out by the internal regulations of the Council.

21.    The Deputy Mayor
1.    Being accountable to the Mayor,
a)    He shall act on behalf of the mayor in the absence or incapacity of the latter;
b)    He shall perform other functions as assigned to him by the mayor;
2.    The Provisions of Article 20(3) shall be applicable to the deputy mayor.

22.    The City Cabinet
1.    Being accountable to the Mayor, and for its joint decision to the City Council, the City Cabinet shall;
a)    Ensure that proclamations, Regulations, resolutions and standards adopted by the City Council and by the Federal Government are implemented;
b)    Ensure that policies adopted by the council are implemented;
c)    Initiate citywide policies and drafts of proclamation and regulations;
d)    Deliberate over the annual plans and budgets of the City and forward to the City Council its recommendations thereon as well as insure the implementation thereof up on approval;
e)    Decide on the organizational structure of the executive bodies of the City government;
f)    Issue Regulations according to the authority given to it by proclamations the council makes;
g)    Perform other functions assigned to it by the Mayor and by the Council
2.    The term of years of the Cabinet shall be the term of office of the council.

23.    The City Manager
1.    Being accountable to the Mayor, the City Manager is the executive of municipal services;
2.    Without prejudice to the generality of the provisions of Sub-Article (1) of this Article, the City manager shall;
a)    Propose to the mayor to establish municipal bodies accountable to the City manager and to implement other service delivery alternatives,
b)    Propose the appointment of the heads of municipal bodies. Upon the approval of their appointments, he shall supervise their operations and discharge them in accordance with law;
c)    Hire, administer, and discharge competent professionals as qebele managers by contract of employment for a definite period of time. He shall also receive, examine and decide upon annual reports and, where necessary, periodical reports from Sub-City managers,
d)    Prepare and submit to the mayor action plans and budget proposals concerning citywide and inter-qebele municipal services and implement them upon the endorsement thereof,
e)    Develop and propose to the mayor service delivery measurements and guidelines and implement them upon the endorsement thereof,
f)    Ensure the delivery of efficient, effective and equitable municipal services,
g)    Implement decisions concerning municipal services
h)    Prepare and propose to the mayor policy initiatives and legal drafts concerning municipal services,
i)    Recommend to the mayor the employment of the deputy City Manager and hire him upon the approval thereof.
j)    Submit to the mayor or, where he is required as may be necessary, to the City Cabinet or to the City Council work performance reports.
k)    Receive and hear as well as give replies as quickly as possible to the pleas of residents concerning municipal services.
l)    Constitute and direct a management committee consisting of under heads of municipal services.
m)    Perform other function assigned to him by the mayor.
3.    The City manager may participate without a vote in the meetings of the city Council.

24.    The Deputy City Manager
Being accountable to the City Manager, the Deputy City Manager shall
1.    Act on behalf of the City Manager in the absence or incapacity of the latter
2.    Perform other functions assigned to him by the City Manage.

PART FIVE
OTHER EXECUTIVE BODIES

25.    The Office of the City Chief Auditor
1.    There shall exist the Office of the chief auditor, which inspects and reports to the City Council the efficiency, performance effectiveness, resource utilization and administration of the City Government.
2.    The office of the Chief auditor shall perform its functions independently.
3.    The chief auditor shall  not be removed from his office before he retires, except for his resignation or for resignation or for reasons set forth below:
a)    Disciplinary fault, grave incompetence or poor performance;
b)    Proven inability to fulfill his responsibilities because of illness; or
c)    Where the City Council decudes by majority vote to theat effect.
4.    The chief auditor shall prepare and submit to the City Council the budget if his office and administer it upon the approval thereof.

26.    The Dire Dawa Administration Police Commission
1.    The Dire Dawa City Police Commission shall be established by Regulations the Council of Ministers issue in accordance with the Federal Police Commission Establishment Proclamation. The Dire Dawa Police Commission shall,
a)    Be accountable to the Federal Police Commission;
b)    Be accountable to the City Administration by delegation conferred through this Charter and the Regulations of Council of Ministers; the Mayor shall be responsible for the daily follow up of the operation of the City Police Commission;
c)    Prepare and submit its plan and budget proposal to the Mayor and to the Federal Police Commission, and implement same upon approval by the City Council.
d)    Submit annual and periodical performance reports to the mayor, and the reports shall be examined and decided by the City Cabinet and the City Council.
2.    The City Police Commissioner and deputy Commissioner shall be appointed by the Minister of Federal Affairs.

27.    The Dire Dawa Public Prosecution Office
The Public Prosecttion office shall prososecute such penal offences that fall under the jurisdiction of the city Courts and darry out other relevant function in accordance with the appropriate law.
28.    Ethics and Anti-Corruption Commission
The City Administration shall have Ethics and Anti-Corruption Commission which is to be established and to function in accordance with law the City Council makes.

PART SIX
QEBELE ADMINISTRATION

29.    Boundaries of Qebeles
1.    Without prejudice to the provisions of Article 4 of the Charter, the boundaries of Qebeles shall be delimited by the City Council.
2.    The City Council may either Qebeles taking in to account the opinions of respective residents, the suitability of service delivery, the urban development plan at stake, and the size of the population.

30.    Powers and functions of Qebele Administration
1.    Qebele Administration shall be accountable to the residents of the respective Qebele and the City Administration.
2.    The power and functions of the Qebele Administration shall be determined by the law that the City Council specifically issues.
3.    Without prejudice to the provisions of Sub-Article (2) of this Article, a Qebele administration shall
a)    Create conditions in which the residents of the Qebele avail of services in their vicinity as close as possible.
b)    Work by using the Qebele as a center of micro-and-small business enterprises, Local development, basic and primary education, and primary health care service. It shall also insure that law and order is respected in the Qebele.
4.    A Qebele shall have a Council, with its spokesperson and secretary, a chief executive, a standing committee, a manager, a social court and other municipal and non municipal bodies, their powers and functions shall be determined by law the City Council makes.

PART SEVEN
THE CITY COURTS AND OTHER BODIES WITH JUDICIAL POWERS

31.    Courts
The City Government shall have the following Courts:
1.    The Dire Dawa City Courts; and
2.    Qebele Social Courts.

32.    Other Bodies with Judicial Powers
The City Government shall have the following bodies entrusted with; judicial powers:
1.    Labour Relations Board,
2.    Civil Servants Court and
3.    Tax Appeal and Urban land Clearance Appeals Commission.

33.    Jurisdiction of the Dire Dawa City Courts
The Dire Dawa City Courts shall have jurisdiction over the following cases:
1.    Civil Jurisdiction
a)    Cases of possessory right, issuance oar land use relation to the enforcement of the City Master Plan;
b)    Cases arising in connection with the regulation with the regulatory powers and functions of the executive bodies of the City Government
c)    Suits arising out of fiscal matters set out under Article 52 of this Charter;
d)    Cases arising from the administrative contracts concluded by and among the executive bodies of the city Government or by and among the institutions under the ownership of the City Government
e)    Disputes arising between the executive bodies of the city Government and between the institutions under the City Government.

f)    Cases arising in connection with the government houses administered by the City Government;
g)    Applications to change names;
h)    Applications of succession, Guardian ship /Tutor ship, or spousal partnership certificates; and
i)    Applications for the declaration of absence and death.
2.    Criminal and Petty Offence Jurisdiction
a)    Offences committed upon fiscal matters set out under Article 52 of this Charter;
b)    Cases arising out of traffic and other petty offences;
c)    Remand in custody and bail applications but without prejudice to the jurisdiction of Federal courts on federal offences;
d)    Cases of execution of penalties imposed upon petty offences by the executive bodies of the City Government, provided that the other provisions of this Charter remain effective.

34.    Conflict or Jurisdiction and Power of Cassation
1.    The Federal Supreme Court shall decide on conflict of jurisdiction that arises between the Dire Dawa city courts and Federal Court.
2.    A party alleging a fundamental error of law in a final judgment of the Driedawa City Appeallate Court rendered on an appeal case may institute before this Court a case which is the subject matter of power of Cassation.
3.    A party alleging a fundamental error of law in the ultimate judgment of The Driedawa City Appeallate Court subject to the power of cassation may institute before the Federal Supreme Court an application for the power of cassation.

35.    Organization and Procedures of the Diredawa City Court
1.    The City Court shall have first Instance Courts and Appeallate Court.
2.    A First Instance Court shall have first instance jurisdiction over matters falling under the jurisdiction over matters falling under the jurisdiction of the City Court.
3.    The Appeallate Court shall entertain appeals over the decisions of First Instance Courts and other bodies entrusted with judicial powers.
4.    Without prejudice to the provisions of cassation under Article 34 of this Charter, Decisions rendered by the Appeallate Court shall be final.
5.    The organization of the Courts shall be determined by law the City Council makes.

36.    The Judicial Administration Commission of the Diredawa City Court
1.    The Judicial Administration Commission which directs the judicial operations of the City Courts shall be constituted; and the details thereof shall be set out by law the City Council makes.
2.    The Commission shall contain a representative of the Federal Courts.

37.    Appointments and Term of Office of Judges
1.    The city Judicial Administration Commission has the responsibility to primarily shortlist judges for appointment and solicitthe the views of the Federal Judicial Administration Commission respecting the candidates and then to forward such views to the City Council through the Mayor, together with its recommendations. If the Federal Judicial Administration Commission does not submit it views within three months, the shortlist of the candidates shall be forwarded to the city Council for appointment.
2.    No judge shall not be removed from his office except for termination by resignation or for the following conditions:
a)    Where the Judicial Administration Commission decides to remove him for violation of disciplinary rules or on grounds of professional incompetence and poor performance; or
b)    Where it decides that a judge can no longer carry out his responsibilities on account of illness; and
c)    Where the City Council approves by a majority vote the decision of the Judicial Administration Commission.

38.    Labour Relations Board
The provisions of the labour Proclamation shall apply with respect to the jurisdiction, organization and procedures of the Labour Relations board of the City Government.

39.    The Civil Service Court
1.    The Civil Service Court of the city Government has the power to entertain appeal cases of The Civil Servants of the City Government lodged before it in accordance with the Civil Service law of the City Government.
2.    The Organization and procedures of the Civil Service Court shall be defined by the Regulations the City Council issues.

40.    The Tax and Urban Land Clearance appeals Commission
1.    The Tax and Urban Land Clearance appeals Commission of the City shall have the power to entertain appeals lodged before it concerning taxes and duties collectable by the City Government and justiciabe issues under leas-hold laws.
2.    Without prejudice to the provisions of tax and leas-hold laws, the organization and the procedures of the Commission shall be defined by law the City Council makes.

41.    Qebele Social Courts
1.    Qebele Social Courts shall have jurisdiction over cases regarding property and money claims where the amount involved does not exceed Birr 2000 (Two thousand). There civil jurisdiction may, not, however, include negotiable instruments and insurance claims.
2.    The jurisdiction of Qebele Social Courts over the city hygiene and public health contraventions and other similar petty offences shall be determined by law the City Council makes.
3.    Without prejudice to the provisions of Sub-Article (4) of this Article, a party having dissatisfaction with a decisions of a Qebele social court may appeal to the respective First Instance Court of the City. The decision rendered by the latter shall be final.
4.    Where a matter decided by a First Instance Court on appeal contain fundamental error of law, it may prove to constitute ground to lodge please of power of cassation before the Appeallate Court of the City.
5.    The organization and procedures of Qebele Social Courts shall be defined by law the City Council makes.

PART EIGHT
BUDGET AND FINANCE

42.    Fiscal Year
The fiscal year of the City Administration shall be that of the Federal Government.

43.    Fiscal Powers
The City Administration shall have the following Fiscal Powers, and it shall
1.    Assess and collect, according to law, income taxes from incomes earned in employment within the bounds of the City but with the exception of the employees of the oromia Region, the Federal Government organs, including federal public enterprises.
2.    Set and collect land use fees.
3.    Levy taxes on incomes from agricultural activities in the City.
4.    Assess and collect, according to law, from individual tradesmen located in the City profit taxes, excise taxes, and turn over taxes.
5.    Receive value added taxes which shall be collected, according to law, by the Federal Government from individual tradesmen and public enterprises residing in the City.
6.    Set and collect rens/lease prices of land in the City. It shall also levy housing taxes in the city.
7.    Assess and collect, according to law, income taxes from houses and other properties let in the city.
8.    Assess and collect stamp duties from contacts and agreements as well as from ownership title registration undertaken in the City.
9.    Set road users charge and collect same from cars that use the roads of the City.
10.    Set and collect rents from houses and other properties under the ownership of the City Administration.
11.    Assess and collect, according to law, income taxes, royalties and land rents/lease prizes from mining operations undertaken in the City.
12.    Set and collect, according to law, royalty for the use of forest resources in the city.
13.    Set payments relating to the licenses and services delivered by the city Administration.
14.    Levy municipal taxes and duties as well as set and collect service charges.
15.    Assess and collect, according to law, income taxes from the gains of rentals of patent rights in the City.
16.    Assess and collect, according to law, capital gains tax from a property situated in the city.

44.    Revenues Generation
The City Administration shall
1.    Generate revenues by means of the operations of the City or by undertaking through special permit income earning activities, such as joint investment, fund investment, rentals and fund-raising from donors, so long as such is not otherwise prohibited by law.
2.    Participate through contractual commitments in a variety of remunerative activities.

45.    Borrowing
1.    The City Administration may, as per the authorization of the Federal Government, borrow directly from domestic and external sources by short-term and long-term repayment arrangement or by selling bonds.
2.    Qebele Administrations may not undertake borrowing.
3.    The City Administration may constitute, according to law, micro financing and Savings as well as Development Bank by forging partnership with governmental and non-governmental organizations as well as with Qebeles.

46.    Financial Support from the Federal Government
1.    The City Administration may be granted by the Federal Government emergency, rehabilitation and development aid where necessary, with a view to enabling it to properly discharge its responsibilities. It may also be assisted by the Federal Government with respect to expenditures for programmes having countrywide developmental impact.
2.    The Federal Government shall have power to audit and make sure whether the loans and financial supports granted by it have been properly utilized by the City Administration.

47.    Foundations
The City Administration may establish foundations and trusts as well as authorize others to establish such according to law.

48.    Decentralized finance System
1.    It shall be ensured that the revenue sharing system of Qebeles be based on a formula which encourages competitiveness an effectiveness as well as that which takes into account equity.
2.    Qebeles shall be granted by the City Council center specific grant set aside for a specific purpose and block budget. A certain portion of such budget shall be disbursed for the Qebele municipal bodies. Such a sharing should take into account service delivery and the Qebeles lagging behind in their development.
3.    The City Council may grant subsidy to Qebeles to cover expenditures of projects that it desires to exceptionally encourage.
4.    Initial capital shall be set aside for the public enterprises of the city.
5.    Those revenues to be collected and utilized directly by Qebeles shall be specified by the City Council.

49.    Financial Administration
1.    The financial Administration of the City shall be conducted according to accepted accounting norms, the country’s finance law and the law the City Council makes.
2.    The City Administration shall have an internal control system which ensures the proper handling of the resources of the City and its utilization according to law.
3.    The Mayor shall submit to the City Council annual and periodical reports.
4.    The City Administration and the Qebeles shall maintain complete original financial documents as well as accurate and complete books of accounts.
5.    All collected funds shall only be deposited in bank accounts opened as per the authorization of finance laws.
6.    The City Administration and Qebeles shall have bank accounts to be opened in their names.
7.    The City Administration shall have power to lawfully revoke taxes, interests and fines as well as to write off debts.

50.    Budget Preparation and Administration
1.    The city budget administration shall follow the budget principles of the Federal Government.
2.    The City budget shall be prepared transparently and in a manner that ensures the participation of residents. Budgetary offices and other concerned organs shall give their opinions on a budgetary proposal before it is approved. Mass media shall be employed to maximize the participation of residents. The meetings of the Council deliberating over budget proposal shall be open to residents.
3.    The city Council shall allocate contingency budget. The Mayor shall allocate the contingency budget for the required work.

PART NINE
INTER GOVERNMENT RELATIONSHIPS

51.    The city Administration and the Federal Government
1.    The City Administration shall be part of the Federal Government the City Administration shall be accountable to the Federal Government.
2.    The Ministry of Federal Affairs shall, as an agent of the Federal Government, follow up the performances of the City Administration and shall support the capacity-building undertakings of the City.
3.    The City Administration shall submit to the Ministry of Federal Affairs annual and periodical reports concerning its plans, budget and the overall status of the city.
4.    The organs of the Federal Government situated in the City have the duty to respect the Proclamations and Regulations of the City Administration.
5.    Services concerning the City and run by federal institutions shall be effected in partnership and agreement with the City Administration.

52.    Relations with Other Cities and Regions
1.    The City Administration may establish relations with other cities and regions at home as well as with cities abroad.
2.    The City Administration may co-operate and exchange experiences with cities and regions at home in respect of policies, infrastructure and service delivery in order to promote the interests of residents.
3.    The City Administration may establish relations with sister cities abroad.

PART TEN
MISCELLANEOUS PROVISIONS

53.    Public Enterprises of the City
1.    The Public enterprises of the City shall be directed by a respective board.
2.    The Public enterprises of the city are institutions which shall be governed as per the appropriate law.
3.    The Mayor shall designate board chairpersons and members from among candidates nominated by the City manager; and the accountability of boards shall be to the City manager.
4.    Public enterprises shall report to the City manager.

54.    Amendment of the Charter
The Amendment proposal on this charter may be initiated by the City Council or by the appropriate organ of the Federal Government. The Prime Minister shall present the amendment proposals for the deliberation of the Council of Ministers and, upon approval, he shall ensure that it be decided upon by the House of Peoples Representatives.

55.    Transitory Provisions
1.    The Diredawa Administration Council and Executive Committees that were functional at every level of the city before this Charter takes effect shall be dissolved at the instance of the constitution of the DIredawa City Provisional Administration in accordance with Sub-Article (2) of this Article.
2.    A provisional City Administration which shall remain in power up to one and half a year as of the effective date of this charter shall be designated by The Prime Minister. The Provisional Administration shall take over the powers and functions of the city Administration and shall have the powers and functions of the City Council and City Cabinet defined by this Charter. The Mayor of the Provisional Administration shall have the powers and functions given to the Mayor and the spokesperson of the City Council in this Charter.
3.    The provisional Administration
a)    Shall designate Qebele provisional Administration.
b)    Shall implement Qebele delimitations in accordance with this Charter.
c)    Shall reorganize municipal and non-municipal bodies, including public enterprise of the city; shall reassign, hire and dismiss their employees in accordance with the organizational structure it approves;
d)    May establish during the transition period City center and Qebele Advisory Councils in which residents and representatives of different parts of society shall participate to enhance the organized participation of residents in development, building of democracy, and service delivery as well as to render decisions which meet the interests of the public the details thereof shall be set out by the Provisional Administration.
4.    The City provisional Administration shall
a)    Adopt civil Service Law applicable for the reorganization and selection of its staff both in recruitment and appointment positions. As a result, The Federal Civil Servants laws shall not be applicable to the City Administration during the transition period.
b)    Issue labour relations regulations, which set out the details under which the Labour Relations law becomes applicable in the process of reorganizing the public enterprises of the City.
5.    The rights and duties of the organs or institutions of the city Administration replaced or amalgamated as per the law and the organizational structure to be adopted by the Provisional Administration shall be transferred to the organs or institutions established, or it shall be decided by the Provisional Administration, as the case may be.
6.    Cases pending in the Federal Courts and falling under the jurisdiction of the city Courts in accordance with this charter shall continue to be entertained by the Federal Courts. Whereas, new cases shall be brought before the appropriate judicial organs of the City Administration.

56.    Inapplicable Laws
Any law or practice in conflict with matters covered by this charter may not be applicable.

57.    Effective Date
This Charter shall come into force on the date of its publication on the Federal Negarit Gazeta.
Done at Addis Ababa, this 30th day of July, 2004

GIRMA WOLDEGIORGIS
PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA