“Modernize justice in all its aspects, today it is time for Gabon to digitize procedures”, Ernest Akendengue Tewelyo

Libreville, Friday November 24, 2023 (Gabon News) – The magistrate believes that all the evils that undermine justice must be carefully examined during this convention of the Gabonese judicial system.

Gabonese justice is at the time of reform. Lawyers, magistrates, constitutional judges, clerks and bailiffs are reflecting in Libreville on proposals aimed at reforming the entire Gabonese judicial system. Among the 300 jurists present at this convention initiated by the transitional authorities, Ernest Akendengue Tewelyo who answered questions from our editorial staff on the issues at stake in this meeting. The digitalization of procedures, the establishment of a commercial appeal court, the reintegration of prisoners, the duration of legal proceedings are the different subjects that he addresses in this interview.

Infos Gabon: What is the merit of this Gabonese justice symposium?

Ernest Akendengue Don’t be afraid : What must be remembered is that this initiative is the will of the authorities which aims to modernize justice. Modernize justice which must be done in all its aspects with the digitalization of procedures today. I particularly mentioned, for example, the criminal record extract which, like countries like France, must be obtainable in one click. Or from home you can connect, order your document and receive it at home. Whether we are in Libreville, Port-Gentil, Franceville, in fact wherever we are we can obtain our criminal record.

But it must be understood that the judicial sector is transversal, so this modernization of the system desired by the highest authorities naturally involves others. You see the corollary of the criminal record, it is the birth certificate at this level must also undergo an evolution, because when there is for example a modification of the name at the court level on a birth certificate, this judgment should be able to be transcribed in town halls. Hence this transversal aspect which must be taken into account. Also, this reform must also affect procedures, if we take the case of lawyers who today maintain delaying actions to defend their clients. These delaying actions should therefore be changed.

Infos Gabon: In what way or at what level should they change?

Ernest Akendengue Don’t be afraid : Firstly by applying the texts that we have which reduce return times, etc. But they must also be strengthened, even within the framework of this reform. To speak specifically about the judicial sector in which I work as an economic judge, where I said earlier that if today with law 008 of January 5, 2019 we had specialized commercial and labor courts, and there is no However, with the entry of professional judgments at the level of the commercial court, the State will have to manage to create a commercial court of appeal with the same justice system.

Parallelism of form, the proof that when you receive a decision and you go to appeal, how does it happen, when you go back to the commercial chamber? So with the old system. Whereas normally, by form parallelism you should have the same thing. This is why I call for the creation of a commercial court of appeal, as well as the creation of a commercial chamber at the level of cassation where cases over which OHADA and the CJA do not have jurisdiction .

Info Gabon: Many users are victims of the slowness of procedures, particularly those of minors in detention. The Prime Minister even recalled this at the opening of this forum. What do you think as a magistrate, what could be at the origin of this heaviness?

Ernest Akendengue Don’t be afraid : This problem does not only affect children in detention. The Prime Minister’s questioning actually evokes a general fact. It is true that by talking about that of minors he touches a sensitive point for everyone. In reality, what the head of government notes is real, the procedures are long, whether you are a child, adult, professional, or legal person. Take the case of a company, one year in the life of a company is a long time. At the end of the year, she must pay taxes and other debts. If she has to wait for a court decision to be compensated in order to settle these various debts, how does she survive?

Infos Gabon: The question is asked to you?

Ernest Akendengue Don’t be afraid : … (the answer surely during the debates of this symposium, editor’s note). … Another equally important question that I believe we must also debate is that of the reintegration of people released from detention. How can we give them a new life after their time in prison? Especially for those who had no job when they returned to prison. Elsewhere these people graduate, others with knowledge of a profession.

FIN/INFOSGABON/SM/2023

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