functioning of labour and social security courts as well as commercial courts. Thus, to overcome
these difficulties, the president of the Court may adjudicate alone.
54. The second innovation in the new Code on the organization of the justice sector relates to the
competence of the Magistrates Courts and High Courts in dealing with civil matters. The litigant
may bring a case before the Magistrates Court if the amount involved is less than or equal to
five hundred thousand (500,000) CFA francs. In excess of this amount, the case must be brought
before the High Court.
55. Moreover, Chadian law recognizes customary and traditional rules provided they do not
adversely affect public order and are applied in a consensual manner in communities where they
are recognized. It should be noted that in matrimonial or inheritance matters, Chadians almost
exclusively refer to traditional laws.
B. OTHER INSTITUTIONS
Constitutional Council
56. Chad has a Constitutional Council as provided for in Title VII of the revised Constitution of 31
March 1996 to regulate the activities of public authorities and the functioning of institutions.
The Constitutional Council is composed of nine (9) members, including three (3) judges and six
(6) high-level legal experts, all appointed equally by the President of the Republic and the
Speaker of the National Assembly. They are appointed for a non-renewable term of nine (9)
years. The members of the Constitutional Council are irremovable during their term of office.
The President of the Republic and the Speaker of the National Assembly may refer matters to
the Constitutional Council as well as citizens as a defence or an objection. It hears all electoral
disputes except matters relating to local elections, adjudicates on the constitutionality of laws
and settles conflicts of responsibility between State institutions.
Court of Auditors
57. The recently created Court of Auditors reviews public accounts. It verifies that all revenue has
been received and all expenditure incurred in a lawful and proper manner and ensures that the
credits, funds and assets managed by State services or by other legal persons governed by public
law are properly used, in accordance with the revised Constitution. The Court of Auditors also
audits the corporate accounts of semi-public organizations. It divulges and audits de facto
management. It imposes penalties for management errors committed against the State, local
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