The Tribunal de Paix de Gombe is structured into several key components, including two councils: a council of
magistrates composed of one president, one or several judges, and at least two assessors. There is also a council of
clerks headed by a head clerk, as elucidated by the combined reading of articles 24 and 27 of J.O.C. Code. In addition, there is a provision for a secretariat. Despite the presence of assessor judges as required by the
legislator, they are scarcely visible in the
courtroom and are seldom involved in court proceedings.
The Council of Magistrates The President of the Court The President of the Tribunal de Paix de Gombe is the head of the jurisdiction, responsible for coordinating all activities within the court. This role encompasses both administrative and judicial functions, including the allocation of cases to different chambers, setting
hearing dates, organizing conservatory seizures, and convening
plenary meetings. The President also holds disciplinary power over magistrates and plans working sessions to ensure the smooth functioning of the judiciary. In the President's absence, the eldest judge, based on the order of appointments, substitutes him.
Judges of the Peace Judges of the Peace are the magistrates entrusted with the mission to interpret and apply the law, settling disputes based on legal principles and their inner convictions. They are crucial in maintaining the rule of law and ensuring justice is served fairly and impartially.
Assessor Judges Assessor Judges are notable individuals who assist a Judge of the Peace when customary law is applicable. Appointed by the
Minister of Justice from local notables, they bring local customs and traditions into judicial proceedings, ensuring that justice is culturally relevant and community-oriented.
The Council of Clerks The Chief Clerk The Chief Clerk is a career agent of the State
public services, tasked with supervising all administrative services and coordinating the activities of the clerk's office. The Chief Clerk assists judges with certain judicial acts, manages judicial documents, and maintains records of orders, appeals, and opposition. Exercising disciplinary power over subordinate clerks, the Chief Clerk is supervised by the Divisional Clerk of the high court.
Clerk's Penal Office This office handles all repressive cases initiated by the public prosecutor or parties. It maintains the penal role (PR), submits files for hearing dates, and ensures all procedural steps are followed. The penal clerk is also responsible for typing judgments, preparing appeal inventories, and compiling annual penal matter reports.
Clerk's Civil Office The Civil Office deals with
family law matters such as adoption, guardianship, marriage, and divorce, as well as personal disputes. It records cases in the civil role (CR), forwards files to the President for chamber allocation, and sets hearing dates.
Clerk's Execution Office This office executes court decisions, primarily dealing with seizures and other enforcement actions. It maintains the process server role and ensures that all judicial decisions are implemented effectively.
Clerk's Account Office Headed by an
accountant, this office compiles statistics, collects judicial income, and manages public and private funds. The accountant works with the
comptroller from the Central Office of administrative, judicial, property income, and contributions (DGRAD) to ensure accurate financial management.
Clerk's Office of Juvenile Delinquency This office handles cases involving minors in conflict with the law, specifically children under sixteen years old. It maintains records in the delinquent childhood role (RDC) and ensures that juvenile cases are processed appropriately.
The Secretariat The Secretariat supports the court's administrative functions, such as typing documents, managing protocols, and coordinating mail, to ensure smooth communication and documentation flow within the jurisdiction.
Judicial competence The competence of the Tribunal de Paix de Gombe is categorized into penal and civil matters, each with specific material, territorial, and personal competence.
Penal or repressive matters Material competence The court handles offenses punishable by up to five years of
penal servitude and fines, including legislation on wandering, begging, and juvenile delinquency. It also authorizes preventive detention and executes its decisions.
Territorial competence The court's territorial jurisdiction is determined by the location of the offense, the residence of the accused, or their place of arrest. It can also try co-perpetrators and accomplices in related offenses within its jurisdiction.
Personal Competence The court tries all individuals without jurisdictional privileges. However, only the Judge of Peace can authorize preventive detention, except for
Supreme Court beneficiaries, whose detention is authorized by the Supreme Court.
Civil matters Material competence The court applies the Code of the Family, authorizes detention sentences and conservatory seizures regardless of the dispute value, and executes genuine acts.
Territorial competence In civil cases, only the judge from the defendant's location is competent.
Personal competence The court is competent to judge any individual without exception in civil matters. == References ==