107TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’
PAPERSPARTICIPANTS’ PAPERS

THE ROLE AND FUNCTION OF PROSECUTION
IN CRIMINAL JUSTICE
Pauline Christine Ngo Mandeng*
I. INTRODUCTION
Cameroon is a country situated incentral Africa which has a population of
approximately 14 million people, spreadover landscape with diverse physicalfeatures, on an area of about 475 square
kilometres. There are about 250 tribes
which communicate in different national
languages. This diversity has earned thecountry the appellation “Africa inminiature”.
Two official languages are spoken in
Cameroon, i.e., French and English, which
illustrate the country’s bi-cultural
historical background. The legal system
is bi-jural with the modern law inheritedfrom the British common law and theFrench civil law systems on the one hand
and the customary law on the other.
The common law system is in practicein the English-speaking north-west andsouth-west provinces of what was West
Cameroon, in the former federal republic.
In the remaining provinces of Frenchspeaking Cameroon, the civil law systemprevails in what is about eighty percent of
the country. For the purpose of thispresentation, no further reference shall bemade to the customary courts, as they haveno criminal jurisdiction. The military
tribunals and other special courts shall not
be discussed as they concern specificcategories of offences and offenders.
On 20 May 1972, the late A. Ahidjo, theformer President of Cameroon, obtained
popular consent by referendum totransform the country into a unitary state.
* Officer in Charge of Research, Directorate ofLegislation, Ministry of Justice, Cameroon.

One of the direct consequences of this reunification would be the harmonisation of
the common law and civil law systems andthe integration therein of purely
Cameroonian concepts and customs, so as
to better meet the aspirations of the people.
Needless to say, this has been a slow anddifficult process, hampered by bothtechnical and political considerations.
Considerable efforts have been made, andthe country can boast of several statues
which reflect these pre-occupations. The
organisation and functioning of the
Judiciary is regulated by one ordinance.
The laws which organise the professionsof barrister, bailiff and notary public are
all applied nationwide. Ordinance No. 72/
4 of 26 August 1972 and its subsequent
amendments have harmonised theadministrative organisation and theattributions of the courts but, more
especially, the legal department. Thereexist differences related to the mode ofcollection of evidence and the manner inwhich it is adduced in court. The personnelof investigative agencies, irrespective of theareas where they perform their functions,
receive their training in the same national
institutions. Likewise, judicial and legal
officers undergo the same academic andprofessional training in both official
languages and are initiated to thefundamental principles of the different
legal systems. The National Assembly
adopted the Cameroon Penal Code in 1967.
The draft bill of a harmonised criminal
procedure should be completed in the near
future. Sustained efforts are made to adapt
existing legislation to the ever evolvingsocial and political context, by integrating
therein different notions of human rights,

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democracy, environmental protection,
gender equality, etc.
The adoption of Law No. 96/6 of 18
January 1996 to amend the constitution ofJune 1972, amongst other innovations,significantly modified the status of the
Judiciary, which was elevated from theranks of a mere authority, to a full power,
thus becoming the third effective arm ofgovernment. A substantial judicial reform
is currently underway at the Ministry ofJustice to adapt existing legislation to thisstate of affairs, and to redefine therelationship between the Judiciary and theother powers, more especially with the
Executive.
II. ORGANISATIONAL STRUCTURE
In Cameroon, judicial power is exercisedby the Supreme Court and other ordinary
courts. The basic statutes regulating theorganisation and functioning of thesecourts are Ordinance No. 72/5 of 26 August
1972 and its subsequent amendments andOrdinance No. 72/4 of 26 August 1972d its
subsequent amendments. Judicial andlegal officers are governed by Decree no.
95/48 of 8 March 1995 on the status ofmagistracy, which regulates all issues
relating to their respective careers.
It has already been stated that
Cameroon has one penal code. The
prosecutorial systems used to implement
this code differ substantially. In thecommon law jurisdictional area where theadversary system prevails, the basic
statutes used are cited as “ ‘The Criminal
Procedure Ordinance’ Cap. 43 of the Lawsof the Federation of Nigeria” (CPO), and“The Evidence Ordinance Cap. 62 of the1958 Laws of the Federation of Nigeria”(‘Evidence Act). Under the civil law
jurisdictional area, the system adapted inreferred to as inquisitorial and theprocedure code cited as “Code d’Instruction
Criminelle’ ” (CIC).

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The term legal department is used in thegeneral sense to translate the French term“parquet” or “ministere public” i.e., thedepartment of public prosecution. The
legal department is an integral part of thecourt. It must be present during all
criminal proceedings, its presence is
optional in civil matters. Though the legal
department is a party to proceedings
initiated subsequent to the violation of
criminal law, resulting in loss to one ormore individuals and disrupting social
order, it must exercise a fair amount of
impartiality in the execution of its
functions, so as to ensure a proper
application of the law to all including thesuspect. The objective of the prosecution
must remain the fair application of the law.
The State counsel must ensure that thispolicy is reflected at all stages of theadministration of criminal justice.
A. Court Structure
The administrative set up of the courts
is based on the organisation of theadministrative units in the country. Thereis one Supreme Court, which functions asa “Cour de Cassation,” ten Courts of Appeal
at the provincial level, a High Court foreach division, and a Court of First Instanceat the level of the subdivision. In practice,
however, some High Courts cover morethan one division and some Courts of First
Instance more than one subdivision.
B. Criminal Jurisdiction of Courts
The provisions of the penal code
determine the penalties for different
offences. The classification of theseoffences constitutes the basis for thedetermination of the competence of thecourts in criminal proceedings. The
Supreme Court is a court of law and does
not go into the merits of the case, butverifies that there is no violation of the law,in the judgements from the Courts ofAppeal. If it finds that there has been such
violation, the judgement in issue is107TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
quashed and the case referred to a different
Court of Appeal to be tried afresh. A case
may thus be referred to different appeal
courts twice. If an appeal is lodged to theSupreme Court a third time, then the court
will hear the case on the merits and its
decision is final.
Appeals are filed at the Courts of Appeal
directly from the High Courts and Courtsof First Instance respectively. Under the
CPO, the Court of Appeal does not judge
facts. Its judgement on points of law rely
on findings based on facts as decided by
the trial court. Under the CIC, court
proceedings are recorded differently. The
Court of Appeal reviews both facts and law.
The High Court is competent to hear anddetermine felonies, i.e., offences for which
the minimum term of imprisonment ismore than ten years to the death penalty.
The Court of First Instance is competentto hear and determine misdemeanours, i.e.,
offences for which the maximum term of
imprisonment is ten years; and petty
offences, i.e., offences for which the
maximum term of imprisonment is ten
days. Upon conviction, the Court of First
Instance may award civil damages
amounting to more than five million francs,
which is the maximum award of damages
in civil cases. In addition to imprisonment,
the court may choose other sanctions froma wide array of other principal andaccessory penalties.
Minors, i.e., persons aged below 18 years
at the time of commission of an offence, aretried before the Court of First Instance.
These trials are conducted in camera.
However, where the offence was committed
in the company of adults, all the suspects
are tried before the High Court. In thiscase, the penalty imposed on the minor
after conviction is less severe. Complex
misdemeanours may also be tried in theHigh Court. Territorial competence isregulated by procedural rules.

C. The Characteristics of the Legal
Department
Two fundamental principles influence
the execution of prosecutorial functions bylegal officers by the legal department
namely:• subordination to instructions fromhierarchy; and• indivisibility of action by the legal
department.
1. Subordination to Instructions
from Hierarchy
The legal officers in charge ofprosecution at different levels of the court
structure, direct and control all actions
conducted by the officers in their respective
chamber. They are accountable before
hierarchy. Some or all of these functions
may be delegated to other legal officers
within the chambers under conditions set
out in the ordinances on judicialorganisation and the decree on the statusof magistracy respectively. No legal officer
may be appointed to functions which placea senior legal officer under his authority.
A relationship of subordination exists
amongst the legal officers in the samechambers, between the chambers of the
Procureur General and all the State
Counsel Chambers in the same province
and between the Minister of Justice, keeperof the seals and all the legal departments.
The Minister of Justice is a member ofCabinet.
2. Indivisibility of Action by the
Legal Department
Legal officers appointed to different
functions in the same chambers may
execute the same concurrently or insuccession, both in Chambers and before
the different courts.
Legal officers appointed to functions at
the legal department may assist or replace
other legal officers in their prosecutorial
functions in different State Counsel’s
Chambers in the same province.

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D. Legal and Judicial Officers
Magistrates in Cameroon are referred toas judicial or legal officers, the former
exercising their functions on the bench andthe latter as prosecutors within theframework of the legal department. The
term “legal department” in a strict senserefers to the office of the Procureur General
who is the head of the prosecution
department at the Court of Appeal. He is
assisted by one or more Advocate-General,
one or more Substitut-General and in somecases one or more Attaché. The different
appellations reflect the seniority of theofficers in decreasing order. They are ofequal rank as members of the bench incorresponding functions in the courts. For
purposes of protocol, the judicial officers
take precedence. At the High Court andthe Court of First Instance, the head of theprosecution department is the State
Counsel who may be assisted by one ormore deputy State Counsels. The number
of officers in the legal department depends
on the classificaiton of the courts according
to criteria determined by the Ministry ofJustice.
Magistrates working in the Ministry ofJustice or on secondment in otherorganisations are assimilated to legal
officers and are subjected to the same
regime for promotions, transfers or
disciplinary measures. The organ which
processes such files is the National
Classification Commission, while the organ
which manages the careers of judicial
officers is the Supreme Council of
Magistracy presided over by the Head ofState. The proposals and recommendations
from these two bodies if met with approval
are confirmed by Presidential decree. It is
important to note that there are no clear
cut demarcations within the magistracy;
legal and judicial officers may be appointed
to different functions on the bench or in
the legal department indiscriminately andat any stage of their respective careers,
depending on the exigencies of service.

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E. Qualification of Prosecutors
To qualify as a judicial or legal officer,
the holder of a postgraduate diploma(generally in private law though otherdisciplines are accepted), must pass ahighly competitive examination into the
National School of Administration andMagistracy (ENAM). The duration of the
training is two years and consists of eightmonths theory on ethics, draftsmanship,court management, etc. The rest of thetime is consecrated to practical training in
the courts at the Ministry of Justice, theprivate bar, the investigative agencies andother services involved in theadministration of justice. There is an
examination at the end of the training, and,if successful, the pupil magistrate is
integrated into the magistracy as a grade
one legal or judicial officer. He is appointed
to a function, which corresponds to his
grade by presidential decree. Before
assuming office, an oath is taken before theSupreme Court. Appointments andtransfers are not made for a specified term,
the periodicity of transfers depends on theexigencies of service.
III. THE ROLE OF THE
PROSECUTION AT THE
INVESTIGATION STAGE
The criminal process commences after
the commission of the offence. The victim,
witness, or any person having knowledgeof the circumstances may report themorally or in writing either to the State
Counsel, or any other investigative agency.
When the report is lodged at the State
Counsel’s chambers, the State Counsel
shall forward it to the competent
investigative agency with specificinstructions as to the manner in whichinvestigations should be conducted.
G e n e r a l l y, t h e j u d i c i a l p o l i c e i scompetent to investigate felonies andcomplex misdemeanours nationwide andparticipates in international

107TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
investigations. The public security police
investigates misdemeanours and petty
offences in the major cities and towns. The
gendarmerie conducts investigations in therural areas, where police structures are in
existence or inadequate. Specialised
agencies conduct investigations in relation
to special offences in specific sectors suchas the customs or forestry departments.
In the conduct of investigations, thepolice and gendarmes act as judicial police
officers, and assist the judiciary in theperformance of some of their duties under
the authority and control of the State
Counsel. They are “auxiliaries of justice”.
For all other considerations such as
promotion transfers, disciplinary measuresand other purely administrative matters,
they revert to the authority and control of
their superiors within the police andgendarmerie respectively.
Under the Ordinance on Judicial
Organisation, the State Counsel has
absolute power to personally conduct
investigations for all offences. However,in practice, he intervenes in relation tos e r i o u s o f f e n c e s s u c h a s m u r d e r,assassination, particularly sensitive casesor those involving senior officials. If
dissatisfied with the conduct ofinvestigations, he may instruct theinvestigator to change his mode ofinvestigation, as well as order fresh orcomplimentary measures.
The
investigative agencies are all underministries other than the Ministry ofJustice. The Prisons Department andSocial Welfare Services, which are involvedin the administration of criminal justice,also belong to different ministries. Thereis insufficient cooperation between these
services and the Ministry of Justice, whichlacks adequate resources to ensure
effective coordination of different activities.
A. Arrest and Detention
A suspect may be arrested with orwithout a warrant, after which he must be

taken to the place reserved for the receptionof arrested persons and informed of thecharges against him. He must be provided
reasonable facilities to enable him obtainlegal advice, bail where applicable, and topermit him to prepare his defence in viewof his release. The police and gendarmes
shall report to the State Counsel all persons
arrested with or without warrants within
the jurisdiction. When it is lawful ornecessary, the judicial police officers may
arrest any person suspected of having
committed an offence. In principle, aperson shall not be arrested without awarrant except in cases of “flagrant delit”.
The State Counsel may control thestructures used by investigating agencies
for the detention of suspects.
Basically, there are two types ofinvestigations: preliminary investigations
and flagrant delit investigations. Where asuspect is arrested in relation to a case offlagrant delit, the police shall conduct him
to the nearest State Counsel within 24
hours; and, if the State Counsel is notavailable, before the nearest legal officer
within the jurisdiction. The suspect may
only be detained thereafter by order of theState Counsel or the said legal officers. The
said order is valid for 24 hours and may bee x t e n d e d t h r i c e . T h e r e a f t e r, i finvestigations are not completed, thesuspect must be released. This form ofdetention is called “garde à vue,” or police
custody. In the north-west and south-west
provinces, a statement after theadministration of the words of caution isrecorded from the suspect, and if hepresents sufficient surety he may be
granted bail.
In the rest of the country, there is no
police bail. In simple cases, the police may
close the file and release the suspect in theface of insufficient evidence or where analternative solution is preferred to eventual
prosecution. Otherwise, the suspect istransferred to the State Counsel with hisfile, where he may either be remanded in

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custody awaiting trial, (preventive
detention ) or allowed to appear for the restof the proceedings as a free man.
When an offence is committed in thepresence of a legal officer within his
jurisdiction, he may arrest the suspect
himself or order for his arrest and remand
him in custody pending investigations
preceding summary trial. The State
Counsel may, if he deems it fit, byendorsement on the warrant direct that theperson be released on bail, upon his
entering into recognizance for his
appearance as may be required on theendorsement. A person suspected of an
offence punishable with death shall not be
admitted into bail, except by the judge ofthe High Court. If he is in prison custody,
the court shall issue an order of release to
the officer in charge of the prison or otherplace of detention and such officer onreceipt of the order shall release him.
The conditions under which the suspect
may benefit from bail are specific by law.
When admitted to bail, the suspect shall
only appear before the State Counsel as
directed. When the accused person isarraigned before the court, this bail issubstituted with court bail. The
prosecution may object to an accused
person being released on bail by the court,
even in respect of a bailable offence on
serious grounds. Though this objection is
not binding on the court, it is given due
consideration and upheld where thecircumstances so warrant.
B. Warrants
The State Counsel has wide powers toorder any measures necessary during
investigation to enable him obtain evidence
which will contribute to the manifestationof the truth. It is in this regard thatwarrants of arrest, search warrants
remand warrants, etc. are his prerogative.
Investigating officers do not have the power
to issue these warrants, which are however
executed either by the investigative164

agencies or with their assistance, under thesupervision and control of the State
Counsel.
IV. THE INITIATION OF
PROSECUTION
The provisions of section 23 (1) and (2)of the Ordinance on Judicial Organisation,authorise the State Counsel in criminal
matters and without prejudice to the rightsof the victim, to investigate and record
offences, conduct judicial inquiries andinvestigation, institute proceedings andinvestigations, issue arrest and detention
warrants, and refer cases to the competentcourts.
A. Prosecutorial Discretion
The State Counsel has absolute
discretion as regards initiation of criminal
proceedings. Even where there is sufficientevidence, the State Counsel may refrainfrom prosecution, if this is not the mostsuitable solution or if prosecution may
jeopardize other interests. This discretionis subject to an internal check to control
abuses by the principle of subordination tohierarchy.
The evidentiary standard required toindict a suspect is a prima facie case.
Under the CPO, when investigations arecompleted, the investigating officer
forwards the file along with any exhibits
to the State Counsel recommending what
action should be taken in his report. The
State Counsel determines the final
outcome of investigations.
Under the CIC, the file is forwarded to
the State Counsel with the suspect. The
State Counsel may release him or remand
him in custody awaiting trial. The
complete case file is then transmitted tothe competent court, so that the trial judge
may take cognizance of its contents before
the trial.

107TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
B. Preliminary Inquiry
Preliminary inquiry is the investigationof a criminal charge by an examining
magistrate, with a view to the committalof the suspect before the appropriate court.
This investigation is conducted in
Cameroon, not by a judicial officer as is thecase in most countries, but by the State
Counsel. He is assisted throughout theinquiry by a court registrar, who records
all statements and performs other clericalfunctions. The absence of the registrar
during the inquiry renders the wholeprocess null and void.
The conduct of the preliminary inquiry
is regulated by the ordinance on judicialorganisation. State Counsels, have thesame attributions under both prosecutorial
systems. Any differences, in the mode of
implementation arise essentially fromdivergencies under procedural rules.
Preliminary inquiries are, save forcontrary legal provisions, obligatory incases of felonies, and optional for
misdemeanours and simple offences. The
objective of the inquiry is to ascertain that
there is sufficient evidence to justify theaccused person being put on trial. At theend of the inquiry, the State Counsel makes
an order which either commits the accused
person before the competent court or closes
the file and discharges him. This discharge
does not bar the prosecution fromconducting another inquiry on account on
the same facts.
V. THE ROLE OF THE
PROSECUTION AT THE TRIAL
STAGE
A. In the Common Law
Jurisdictional Areas
The prosecution prefers charges for
misdemeanours and petty offences, bills of
indictment where the offence committed isa felony, or the accused person is indictedin the High Court. The charge sheet orbill of indictment is filed at the registry of

the competent court, where the chief
registrar ensures that it is registered. The
case is enrolled on the cause list at the datesuggested by the legal department and forwhich service has been effected on theparties.
When the matter is called in court for
the first time, the accused person isarraigned and his plea recorded. In mostcases, accused persons cannot afford legal
assistance, which may be obtained under
the conditions prescribed by law. Whenstanding trial for a felony punishable withdeath, the court appoints defence counsel
for the accused person from the private bar.
The cost of his defence is borne by the State.
When the accused person does not havecounsel, it is the duty of the court toascertain that the accused person
understands the legal issues at each stageof the proceedings, and that his rights areprotected.
Following a plea of guilty, the court callson the State Counsel to present the factsof the case. All exhibits including thestatement recorded from the defendant arethen tendered in evidence with leave of thecourt. The accused person is given theopportunity to make an explanation. If thecourt is satisfied from his explanation thatthe accused person fully understood theimplications of the plea, and that he is not
putting up a defence, it shall make a rulingconvicting the defendant. State Counsel
then discloses the past criminal record of
the convict to the court. The defendant isinvited to make an allocutus, which is aplea for leniency before sentencing. If thecourt finds that the defendant did notintend to plead guilty, his plea issubstituted with a plea of not guilty, and afull trial is conducted.
Where the accused person enters a pleaof not guilty, the case is adjourned to afurther date to enable the accused person
to prepare his defence. At the hearing, thewitnesses for the prosecution are called
commencing with the complainant, and the165

RESOURCE MATERIAL SERIES No. 53
investigator is usually called as the last
witness. They are led under examinationin chief by the State Counsel, subjected tocross-examination by the accused person
or his counsel, and re-examined by theState Counsel to clarify any issues whicharose under cross-examination.
There is little or no consultation andclose collaboration between the State
Counsel and defence counsel. The two are
engaged in a “legal battle” and disclose
their intentions or strategies only whenrequired to do so by the law or the court.
All evidence is adduced during the trial
with leave of court, and the other party may
object to its admissibility in evidence. The
court must make a ruling for every
application. The conditions of admission,i.e., the weight to be attached to evidence,are determined by strict exclusionary
evidential rules.
Great skill is necessary to be an efficient
prosecutor or good defence counsel, andthese skills can to a great extent influence
the final outcome of the proceedings. At
the end of the case for the prosecution, thecourt makes a finding as to whether or nota prima facie case has been made against
the accused person. When a prima faciecase has been made against the accused
person, the court invites him to make adefence and remain silent. He may testify
from the dock, or opt to testify on oath. The
standard of proof necessary to secure aconviction is beyond a reasonable doubt
and this onus rests on the prosecution andmay only shift under specific circumstances
provided by law.
Opening addresses may be made at thecommencement of the trial. This practice
is observed before the High Court, but often
omitted in the Court of First Instance. The
same applies to the closing address. In theaddress, both the defence counsel and theState Counsel summarize the facts of thecase, analyse the evidence adduced andreview the different legal issues raised in
the course of the trial. It is at this stage,

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that the State Counsel may makerecommendations relating to sentencing to
the court. The order of addresses isestablished by rules of procedure, and thedefence counsel has a right to reply.
Thereafter, any further reply can only bemade on point of law after leave of court.
It is important to note that addresses are
not part of the trial and their contents are
not binding on the court.
In cases involving petty offences andmisdemeanours, the court may pass a
verdict and proceed with sentencing
immediately after the trial. For felonies
and serious midemeanours, the court
usually adjourns to a further date forjudgement and sentencing. The sentence
is executed immediately by bailiffs under
the control of the State Counsel. However,in the event of an appeal, execution of thesentence is suspended.
B. In the Civil Law Jurisdictional
Areas
Upon indictment, the complete case file(and the past criminal record of the accused
person) is sent to the court, so that the trial
judge may take cognizance of its contents
before hearing.
When the case is called for the first time
the court proceeds to the verification of theidentity of the accused person and records
his plea. As is the case in the north-west
and south-west provinces, accused persons
usually plead not guilty. The evidentiaryrules under the CIC are not strict. The trial
is conducted in an inquisitorial manner,
where the presiding judge has wide powers
and plays an active role in the effort toarrive at the manifestation of the truth.
The standard required for conviction isabout that of a prima facie case. The
intimate conviction of the judge determines
the final verdict.
The defendant does not testify on oath,as he is under no obligation to tell the truth.
He may choose to remain silent throughout
the proceedings. The defendant is

107TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
presumed innocent until proved guilty but
the onus seems to rest on him to prove that
he did not commit the offence.
At the end of the trial, the State Counsel
makes a submission to the court similar tothe closing address under the CPO. The
defence counsel replies thereto and thedefendant is the last person to address thecourt, if he so wishes. The case is usually
adjourned for the verdict and sentencing,
and the judgement is often drafted
subsequently. The sentence is not executed
until the time allowed for appeal expires,
unless the court orders otherwise.
Judgements are executed by bailiffs under
the control of the State Counsel.
C. Suspension of Prosecution
The State Counsel may suspend
prosecution with leave of court, undervarious sections of the CPO. Section 284
refers to withdrawal by the State Counsel
following an application by the victim towithdraw his complaint. The State
Counsel may, under section 75 of the CPO
and at any time before judgement, obtainleave of court to suspend prosecution.
There are others, perhaps the mostinteresting is the Nolle Prosequi. This is
an application made orally or in writing by
the State Counsel to the court indicatingthat the prosecution does not intend thatthe proceedings continue, under section 73
of the Evidence Act. Unlike otherapplications for suspension of prosecution,
the State Counsel need not offer the court
an explanation, and the court is bound to
grant the prayer.
The effect of suspension will varydepending on the stage at which theapplication was made to the court. In allcases, the court should specify whether theaccused person is discharged or acquitted.
Generally, where the accused person is notcalled upon to put up a defence, he isdischarged; and if he is asked to make adefence, he is acquitted. The prosecution
may subsequently prefer a fresh charge on

account of the same facts following adischarge. An acquittal, operates as a bar
to prefer a fresh charge on account of thesame facts.
Under the CIC, once criminal
proceedings have commenced, they must
continue till completion. It is important tonote, that contrary to the situation under
the CPO, an accused person may be triedand convicted in absentia.
D. Plea Baragaining
There is no plea bargaining in
Cameroon.
E. Private Prosecution
Private prosecution is possible bothunder the CIC and CPO for petty offences
and some misdemeanours. In practice, thisright is not exercised in the north-west andsouth-west provinces. Details of theprocedure will not be discussed here. At
the trial, however, the State Counsel is aparty to the proceedings. His submissions
are usually limited to an analysis of thelegal issues and the impact of the offence
committed, on public order.
The “constitution de partie civil”, thougha civil law notion, applies in the north-west
and south-west provinces under theOrdinance on Judicial Organization. By
this procedure, the victim of an offence may
file a civil claim for damages for any loss
resulting from the commission of an
offence, at the same time as his complaint.
It is not the duty of the State Counsel toestablish the civil claim, he may, however,address the court on the issue in his
submissions, where the claim is justified
and make any recommendations as to thequantum of damages to be awarded to thevictim.

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VI. SENTENCING
The principles of sentencing are set out
in Book One of the Penal Code. Sentencing
is the prerogative of the Judge. The role of
the State Counsel in sentencing is to assist
the court in arriving at an appropriate
sentence, by providing it with maximum
information as to the circumstances underwhich the offence was committed and any
previous criminal record that the convict
may have. Any recommendations as tosentencing, general or detailed, are notbinding on the court.
VII. THE RIGHT TO APPEAL
Where the State Counsel is dissatisfied
with the judgement due to any violation oflegal provisions or inappropriate
sentencing, he may refer the judgement to
the Court of Appeal for review.
VIII. CONCLUSION
The harmonisation of the legal systems
and the judicial reform referred to earlier
are both ambitious and by no means easy
objectives to attain. There are numerous,
political, social and legal considerations toaddress and sometimes divergent interests
to reconcile. The political authorities at
the highest level of the State haveexpressed their commitment to see theprocess through, and laudable efforts arebeing made to secure necessary funding.
While awaiting the successful
completion of the process, the necessity forthe effective and diligent execution of theirrespective duties by the personnel involved
with prosecution at different levels cannot
be overemphasized. Moral integrity should
be a prerequisite for integration into them a g i s t r a c y, a n d t h e v i o l a t i o n o fprofessional ethics should be severely
sanctioned. Pecuniary and otherprofessional incentives should be afforded
to the personnel of the legal department
and investigative agencies, so as to prevent168

and abate corruption as well as other forms
of professional malpractice. There is a needfor increased cooperation within the
Magistracy and the investigative agencies
and greater collaboration with otherservices involved in the different phases of
the administration of criminal justice.