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LEGAL SYSTEMS
suspending proclamation was that "it was necessary that arrangements
be made before full effect could be given to the 1962 Proclamation. 24
1967] www.abyssinialaw.com
It has never been put into effect and one can only speculate on the
reasons for this. Perhaps the two essential reasons were the opposition
from the provincial governors to the abolition of the Talday Guezat
Courts and the widespread belief that the Awradja and Woreda Courts,
as constituted, were not competent to handle cases involving the
amount of money within their new jurisdiction.
As was noted earlier, the distinction between the executive and the
judiciary was not accepted by the provincial governors. They contended
that they had to have judicial power and some control over the
courts to properly administer the province. The abolition of the
Taklay Guezat Courts would remove the governors from the judicial
process. The main court in the province would be the High Court,
controlled by the Ministry of Justice. The judges would look to the
iinistry rather than to the governors for advancement; thus, they
would not be subject to their influence. The desire of the governors
to have some control over judicial administration in the province
should not necessarily be considered as improper. In the past, the
governor did control the administration of justice in his province and
it could legitimately be contended that depriving him of this power
would impair his ability to maintain order there. The governor of a
province is in a very difficult position. He must administer the affairs
of the province, often with insufficient personnel; he is responsible to
the central government and at the same time must have the cooperation
of local leaders. Taking the responsibility for the administration
of justice from him could seriously affect his prestige and authority in
the province and thereby limit his effectiveness.
On the other hand, a judiciary under his control could not be truly
independent. The existence of a Taklay Guezat Court meant that, in
all likelihood, the governor would have a degree of control. He could
insist on a voice in the appointment of judges, and as long as a court
was designated as a Taklay Guezat Court, the people probably would
assume that the judges were responsible to the governor. To prevent
this and to create the concept of an independent judiciary, it was
absolutely necessary to abolish the Taklay Guezat Courts. But the
248 The Proclamation was put into effect in Eritrea. At the time of the enactment
of the Proclamation, Eritrea had just been incorporated into Ethiopia, ending
its federated status. It abolished the former court system and implemented the new
Proclamation on its effective date, May 5, 1963. With suspension, Eritrea had no
system to which it could return. It is reported that the Minister of the Pen sent
a letter to the governor-general of Eritrea permitting the Proclamation to continue
in effect with the consent of the Emperor.