Title VI. Of the Judicial Power
Article 141
The judicial power is independent of the executive power and of the legislative power.
Article 142
A sole order of jurisdiction is instituted of which the Supreme Court is the highest instance.
Article 143
The judicial power is exercised in Chad by the Supreme Court, the Courts of Appeal, the Tribunals and the Justices of the Peace.
It is the guardian of the freedoms and of individual property and sees to the respect of the fundamental rights.
Article 144
Justice is rendered in the name of the Chadian people.
Article 145
The President of the Republic is the guarantor of the independence of the Magistrature.
He sees to the execution of the laws and of the decisions of Justice.
He is assisted by the Superior Council of the Magistrature.
Article 146
The President of the Republic presides over the Superior Council of the Magistrature. The Minister of Justice is[,] of right[,] the First Vice President of it.
The President of the Supreme Court is the second Vice President of it.
The other members of the Superior Council of the Magistrature are elected by their peers within the conditions established by the law.
Article 147
The Superior Council of the Magistrature proposes the appointments and the promotions of the magistrates.
Article 148
The magistrates are appointed by decree of President of the Republic after the conforming opinion of the Superior Council of the Magistrature.
They are revoked under the same conditions.
Article 149
The discipline and the responsibility of the magistrates at all levels belongs to the Superior Council of the Magistrature.
In disciplinary matters, the presidency of the Superior Council of the Magistrature is assured by the President of the Supreme Court.
Article 150
The presiding magistrates are only subject in the exercise of their functions to the authority of the law.
They are irremovable.
Article 151
The other rules of organization, of functioning as well as the regime of incompatibilities are established by a law.
Chapter I. Of the Supreme Court
Article 152
The Supreme Court is the highest jurisdiction of Chad in judicial and administrative matters.
It equally takes cognizance of disputes [concerning] local elections.
It is composed of two chambers:
- A judicial chamber;
An administrative chamber;
Article 153
The Supreme Court is composed of twenty-one (21) members having one President and twenty (20) Councilors.
The President of the Supreme Court is chosen from among the high magistrates of the judicial order.
He is appointed by decree of the President of the Republic after the opinion of the President of the National Assembly.
The other members are designated in the following fashion:
- eleven (11) selected from among senior judges from the judiciary, including:
six (6) by the President of the Republic; five (5) by the President of the National Assembly; nine (9) chosen from among the specialists of Administrative Law of which: five (5) by the President of the Republic; four (4) by the President of the National Assembly;
The members of the Supreme Court are designated for a mandate of seven (7) years.
They are irremovable during their mandate.
The attributions and the other rules of organization and of functioning as well as the procedure followed before the Supreme Court are determined by an organic law.
Chapter II. Of the Court of Accounts
Article 154
A Court of Accounts is instituted in the Republic of Chad. The Court of Accounts is responsible for the control of the execution of the Budget of the State. It assists the Government and the National Assembly in the control of the execution of the laws of finance.
The Court of Accounts judges the accounts of the public accountants. It verifies the regularity of the receipts and the expenses and verifies [s’assure] the employment of the credits, funds and values administrated by the services of the State or by the other juridical [morales] persons of public law. It assures the verification of the accounts of administration of the public enterprises and of the organs with public financial participation. It declares and audits the de facto administrations. It sanctions the faults of administration committed vis-à-vis the State, of the local collectivities and of the organs submitted to its control.
The Court of Accounts includes five (5) Chambers:
- a Chamber of Finance and Budgetary Affairs;
a Chamber of control and of audit; a Chamber of budgetary discipline; a Jurisdictional Chamber; a Consultative Chamber.
The Court of Accounts is composed of thirty-one (31) members having one President and thirty (30) Councilors.
The President of the Court of Accounts is chosen from among the high level members [hauts cadres] of Budgetary Law and of Public Accounting. He is appointed by decree of the President of the Republic after [the] opinion of the President of the National Assembly.
The other members are designated in the following fashion:
- thirteen (13) chosen by the President of the Republic from among the specialists of administration, of the economy, of taxation, of Budgetary Law and of the Accounting Examination [Expertise Comptable]:
eleven (11) chosen by the President of the National Assembly from among the specialists of administration, of the economy, of taxation, of Budgetary Law and of the Accounting Examination: six (6) chosen from among the magistrates of the judicial order of which; three (3) by the President of the Republic; three (3) by the President of the National Assembly:
The members of the Court of Accounts are designated for a renewable mandate of five (5) years.
The other rules of organization and of functioning as well as the procedure to follow before the Court of Accounts are determined by an organic law.
Article 155
Before entering into [their] functions, the non-Magistrate members of the Court of Accounts make an oath in these terms:
“I swear to well and faithfully fulfill my functions, to exercise them in all impartiality in respect for the laws and to protect the secrecy of the deliberations.”
Chapter III. Of Customary and Traditional Rules
Article 156
Until their codification, the customary and traditional rules are only applicable in the communities where they are recognized.
However, the customs contrary to the public order or those that promote inequality between citizens are prohibited.
Article 157
The customary and traditional rules governing the matrimonial regimes and inheritance may only be applicable with the consent of the parties concerned.
In default of consent, the national law alone is applicable.
It is the same in case of conflict between two [2] or more customary rules.
Article 158
The customary and traditional remedies may not be made an obstacle to public action.
