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204 Diagnosing Corruption in Ethiopia few provincial or state judiciaries do keep track, but the clearance and congestion rates are not as good. Appellate and adjournment benchmarks. Ethiopia’s federal courts also track appeals rates, which are relatively low, and the percentage of rulings overturned on appeal, estimated at 10 percent and 5 percent, respectively. Hence, for the federal courts, the frequent contention that “everything is appealed” would appear to be erroneous. Adjournments are also controlled, and the federal courts have set a benchmark of no more than four adjournments per case. To the extent they can meet that goal, this is a vast improvement over the experience in other African countries (such as Ghana, Tanzania, and Uganda) where frequent and lengthy adjournments create enormous delays (Amegatcher 2007; IMMMA Advocates 2008) and doubtless encourage corruption. Table 5.2, prepared by the statistical office of the Federal Supreme Court, shows some illustrative figures for the 2006–09 period. Figures for the First Instance Courts include only the Lideta Bench, which is one of the two busiest court complexes in Addis Ababa and accounts for 25–30 percent of annual First Instance filings. It also provides better time series data because it has been relatively unaffected by recent temporary closings and transfers of judges in the other 11 complexes. Challenges, boons for prosecutors. One reason for the courts’ high clearance rates is a policy of provisionally closing cases that have been adjourned repeatedly because of the absence of witnesses (or even of the defendant, in criminal cases). Half the criminal cases in the federal First Instance courts reach closure for this reason, according to interviews and court data. Unfortunately for the prosecutors, these closures also reduce their conviction rates to between 30 percent and 38 percent. In line with the business process reengineering (BPR) exercise introduced by the government for the entire public sector, the prosecutors are attempting to rationalize internal procedures and so raise their conviction rates to 50 percent, still short of what might be considered acceptable—at least 75 percent. 10 Clearly their biggest challenge here is the lack of a case tracking system (like the judiciary’s CMS) that would enable them to identify bottlenecks and individual poor performers. Fast-track courts. However, prosecutors’ efforts will be aided by another judicial innovation: the introduction of fast-track courts to
Table 5.2 Disposition of Civil and Criminal Cases in Ethiopian Federal Courts, by Instance, Clearance Rate, a and Congestion Rate, b 2006–07 to 2008–09 c Cases filed Cases disposed Clearance (C) and congestion (CG) rates Court 2006–07 2007–08 2008–09 2006–07 2007–08 2008–09 2006–07 2007–08 2008–09 SC 5,746 7,446 6,766 5,836 7,665 6,436 1.02 (C) 1.38 (CG) 1.03 (C) 1.27 (CG) 0.95 (C) 1.38 (CG) HC 9,108 11,684 10,996 12,291 14,346 11,913 1.35 (C) 1.15 (CG) 1.23(C) 1.44 (CG) 1.08 (C) 1.53 (CG) First Instance Lideta Bench only 19,039 29,565 23,581 22,786 28,489 30,301 1.18 1.34 (CG) 0.96 (C) 1.43 (CG) 1.28 (C) 1.29 (CG) Source: Statistical Office of Federal Supreme Court. Note: SC = Supreme Court. HC = High Court, C = clearance rate, CG = congestion rate. a. Clearance rates are calculated as cases disposed in one year / new entries. A figure at one or above indicates that pending cases are being reduced. b. Congestion rates are calculated as (pending cases + new cases + reopened cases) / cases disposed in one year. The higher the number, the greater the congestion. c. Statistics are calculated from May 31 to June 1. The 2008–09 figures are from only the first nine months of that period. 205
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DIRECTIONS IN DEVELOPMENT Public Se
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Diagnosing Corruption in Ethiopia P
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Contents Foreword Preface About the
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Contents vii Chapter 6 Construction
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Contents ix Map 3.1 Ethiopian Regio
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Contents xi 3.6 Summary of Corrupti
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Foreword The government of the Fede
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Preface Although many would argue t
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Preface xvii Goldie-Scot, Piers Cro
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xx About the Editor and Authors bil
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xxii About the Editor and Authors g
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xxiv Abbreviations GAC Governance a
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CHAPTER 1 Overview Janelle Plummer
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Overview 3 Focusing on Ethiopia, th
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Overview 5 for their knowledge of c
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Overview 7 and group discussion wit
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Overview 9 analysis, Goldie-Scot ge
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Overview 11 Chapter 8: Telecommunic
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Overview 13 might be explained by t
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Overview 15 The perceptions of corr
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Overview 17 Given the Ethiopian gov
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20 Diagnosing Corruption in Ethiopi
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44 Figure 2.4 Corruption Vulnerabil
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100 Diagnosing Corruption in Ethiop
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Construction Sector Corruption in E
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Table 6.7 Overview of Perceived Cor
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Figure 6.5 Drivers of Corruption Ri
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292 Table 7.1 Upstream Value Chain
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336 Figure 8.2 Current Institutiona
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CHAPTER 9 Corruption in the Mining
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Corruption in the Mining Sector: Pr
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