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Monday, October 29, 2018

Justice: a principal has sanctioned three ministers of Biya

The head of the establishment objected, through the same judicial procedure, to the joint actions of the members of the government in charge of Finance, Secondary Education and Basic Education, who accused him of "forgery of the stamps" taxes and breaches of State guarantees ". Justice gives him reason.

Head of the bilingual Mimboman high school in Yaounde, Ms. Belinga Florine won the lawsuit she brought to the state six years ago. The case was settled on October 16, 2018 at the Administrative Court of Yaoundé. The head attacked a joint decision of the ministers in charge of Finance (Minfi), Secondary Education (Minesec) and Basic Education (Minedub), an order dated August 17, 2011.

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The heads of these ministerial departments took this joint act against several heads of secondary schools, including the complainant. These ministers accused them of acts of "counterfeit tax stamps and breaches of State guarantees". The tax stamps were filed on the application forms of their students applying for the official exams, session 2011. Florine Belinga challenged these charges.

According to his complaint revisited during the hearing on the case last week, it is in a statement published in the columns of the daily Cameroon forum of 31 August 2011 that the head of the school learned that she was guilty of presenting to the Office of the Baccalaureate of Cameroon (OBC), Minesec and Minedub, application forms dotted with fake stamps. Without giving him the opportunity to explain it, the joint decree of 17 August 2011, which had not yet been communicated to him, materialized the accusation and ordered compensation for damages within a week.She had been summoned to pay the services of the Minfi, 1,161 million francs without prejudice to criminal prosecution.

Late appeal

The teacher who appeared before the bar stated that after two working sessions, several practical indications were given to the school heads, concerning the organization of the collection and the repayment of stamp fees. which should appear on the application forms.According to Ms. Belinga, the Finance Officers were scheduled to visit the examination centers on a pre-established schedule, in order to proceed with the stamping of the nomination forms. Only none of them were willing to move.

The school head will then send his colleagues to the perception of Yaoundé 5, service of the Minfi located in Nkolmesseng district, to proceed with the stamping. It is only several months after the OBC will discover the presence of counterfeit stamps on the cards presented by his institution. Questioned by the court, the Minesec judge the request of the principal inadmissible. Clear and crisp information The Administration submits that its prior gracious appeal was filed late.

This reasoning was brushed aside by the teacher, who took the trouble to recall that she received communication of the order on September 31, 2011, the date from which the deadlines provided by the provisions of the law of 29 December 2006 determining the organization and functioning of administrative courts began to run. The complainant explains that the joint act that gave rise to the communiqué published in the press a month earlier violated her rights to the defense, deprived her of the right to exercise the adversarial principle and also stigmatized her. its reputation in that nationally and internationally, it was now perceived as a "forger forger".

For the various inconveniences and the discomfort that this situation caused her to suffer, she claimed compensation of 10 million francs. In pronouncing his requisitions, the magistrate intervening on behalf of the public prosecutor's office suggested to the court to annul the joint order of Minfi, Minesec and Minedub on the grounds that there was a violation of the rights of the defense. With regard to the compensation component, the public prosecutor's office decided not to take a decision because the complainant was unable to explain her case and therefore the compensation was unfounded. from his point of view. Opposition to the panel of judges, which pronounced the quashing of the contested act and awarded the plaintiff a million francs in moral damages.