THE FORMA PAUPERIS PROCEDURE IN AMHARA REGION: AN APPRAISAL OF THE LAW AND PRACTICE

Abstract

Forma pauperis is a procedure reserved for persons who cannot afford to pay court fees. The mechanism is devised to address the possibility of real or perceived denial of access to justice due to economic barriers. However, the use of the mechanism and the application of its underlying principles in Ethiopia, particularly in Amhara Region, is controversial. The confusion over the powers of Kebelie Social Courts and the ordinary courts in the determination of who is entitled to benefit from the forma pauperis procedure is one of the main reasons for the lack of clarity on the use of the procedure. The lack of clarity on the powers of the two institutions has led to the misuse of the procedure resulting in the undermining of the principles behind the mechanism. The present article examines the use of the forma pauperis procedure in Amhara Region and the role of Kebelie Social Courts and Ordinary Courts in the determination of such principle. The article reviews and analyses the relevant literature, laws, case reports and data gathered through interviews.The article discusses the finding that the lack of clarity on the role of Kebelie Social Courts and Ordinary Courts on the determination of who can benefit from the forma pauperis procedure is leading to the misuse of the procedure against its underlying principles. It will argue that there is a need to avoid this ambiguity on the procedure and on the concept of pauper in the region in order to apply the procedure in line with its underlying principle of avoiding the denial of access to justice due to economic reasons.