The Emergence of Precedent over Precedent and Its Potential Conflict with the Principle of Self-rule in Ethiopian Judicial Federalism: The Case of Oromia Courts

This article is constructed based on a theoretical-deductive attempt to define theunconstitutionality of FDRE Supreme Court Cassation practices on the principle ofseparation of power, particularly its challenge to the autonomous power of statecourts on their own exclusive matters. Especially, as it is well known, theinterpretations of law by the Federal Supreme Court Cassation Division have binding effects on decisions of lower courts, including state courts. This was, for along time, theoretically debated and contested for its unconstitutionality without fruitful change. However, whatever its constitutionality debates, the Federal Courts Establishment Proclamation Nos.25/1995 and 454/2013 are in action by making the Cassation Division decisions to have binding effect on state courts, whether theissues are state matters or not. Now, the most climax debatable issue is that the Oromia Regional State Courts Proclamation No.216/2019 has come up with a new version that makes decisions of the State Supreme Court Cassation Division to have legal binding effect on lower courts of the region solely on state matters Accordingly, when we see the two proclamations (Proc.No.454/2013 and Proc. No. 2016/2019), the concept of precedent over precedent is ow emerged inaddition to the most widely used term of cassation over cassation. Unless one can conclude that there is a federal law supremacy clause in our legal system, the two versions of the proclamations overlap each other and one makes the other nonsense. But, apart from the Federal Constitutional Supremacy clause, the FDREConstitution has established the two tiers of government with their respective autonomous government institutions to decide on their own matters, which areconstitutionally guaranteed so far. However, save aside international treaties, as far as another ordinary federal law is concerned, the Federal Courts Establishment Proclamation No.25/1996 Art.6 (2) has clearly established federal supremacy clause. Concerning this area, there are different articles written in favor of or against the existence of cassation over cassation. The former approach claims that it isimportant to keep the uniformity of legal application all over the country and maintain constitutionality of decisions of courts of any level by checking itsconformity with the FDRE Constitution. Accordingly, they argue for the existence of federal supremacy clause2. But, others argued that there is only constitutional supremacy, not federal law supremacy. They confirmed that so far as there is constitutionally empowered another body, House of Federation, to save constitutional order and settle constitutionality issues, the Ethiopian courts are not entrusted to solve constitutionality issues at all. Concerning uniform application of laws, our current legal system is operating under the guise of the typology of dual court structure in which by its very nature hardly possible to think of uniformity of laws and their applications. There are also other writers, like Mehari Redea who argued against the existence of cassation over cassation in Ethiopia.3 Accordingly, this article is constructedbased on those arguments against the existence of cassation over cassation and constitutionality of the precedent effect of decisions of State Supreme Court Cassation Divisions, particularly the binding effect of Oromia State Cassation Division decisions. In addition, this article has seen not only the unconstitutionalityof precedent over precedent, but also its challenging effect on the principle of federalism, and independence of state courts. Therefore, hopefully, this article willconvince the reader(s) by forwarding sound arguments with critical analysis against theoretical and practical existence of precedent over precedent based onconstitutions of the countr

Study on Spatial Distribution of Tsetse Fly and Prevalence of Bovine Trypanosomosis and other Risk Factors: Case Study in Darimu District, Ilu Aba Bora Zone, Western Ethiopia

African Animal Trypanosomosis is one of the major impediments to livestock development and agricultural production in Ethiopia, which negatively affect the overall development in agriculture in general, and to food self-reliance efforts in particular.  Currently, about 180,000 to 200,000km2 of fertile arable land of west and southwest of the country is underutilized. Darimu district is one of the areas with such problems. Therefore, a cross-sectional study was conducted with the objectives of assessing the prevalence of Bovine Trypanosomosis and determines spatial distribution and apparent density of tsetse and other biting flies in the study area. In current study, a total of 650 blood samples were collected from randomly selected animals and subjected to Buffy coat parasitological laboratory technique and positive samples were subjected to thin blood smear followed by Giemsa staining. Out of the total blood sampled, 7.1% tested positive for trypanosomosis. Out of positive cases, Trypanosoma congolense (82.61%) was the dominant trypanosome species followed by mixed infection (Trypanosoma congolense and Trypanosoma vivax) (8.67%). Infection with Trypanosoma vivax and Trypanosoma brucei were equally prevalent 4.35% (2/46). Statistically significant difference (P<0.05) was observed in the prevalence among the species of trypanosomes. Trypanosomosis prevalence based on body conditions were found to be: 11.43%, 5.40% and 4.16% in poor, medium and good body condition, respectively and there were statistically significant difference (P<0.05) in infection rate among animals of different body conditions. The mean packed cell volume (PCV) values of parasitaemic and aparasitaemic animals were 21.18+2.91 and 28.28+3.82, respectively and was  statistically  significant (P<0.05). Furthermore, for entomological survey, a total of 1170 flies were caught by deploying 70 monopyramidal shaped traps. Of these flies, 962 (82.22%) were Glossina, whilst the remaining flies were either Stomoxys (12.56%) or Tabanus (5.21%). The overall apparent densities of tsetse flies, Stomoxys and Tabanus were 6.87 f/t/d, 1.05 f/t/d and 0.44f/t/d, respectively. Generally, this survey showed that despite frequent control strategy is implemented; trypanosomosis is still a core problem for livestock production in the study area. Therefore, the current control strategies implemented in the area should be assessed and integrated disease and vectors control approaches should be practiced. Keywords: Prevalence; Bovine Trypanosomosis; Buffy coat; Spatial distribution, Tsetse fly; Darim

Study of Strength Characteristics of Concrete with Partial Replacement of High Density Polyethylene as Fine Aggregate

Concrete is the most widely used man made construction material in construction industries. It is mainly composed of cement, fine aggregate, coarse aggregate and water. The properties of concrete are mainly affected by its ingredients types, quantity and quality. The cement is used to bind the materials in concrete. Fine aggregate and coarse aggregate will fill the most of the spaces in concrete. There are numerous materials that can replace each constituent in concrete. In this study grinded HDPE waste plastic was used to partially replace fine aggregate at 0%, 3%, 6%, 9% and 12% dosage by volume proportion to evaluate various strength parameters like compressive strength, split tensile strength and flexural strength. Concrete is strong in compression but it is weak in tension, brittle, low resistant to cracking, lower impact strength and heavy weight. Waste HDPE plastic is one of the solid wastes in our surroundings which mostly pollute the environment condition. In order to overcome such types of problems related to pollution of environment the study deals the engineering property of concrete with waste HDPE plastic. Workability, compressive strength, split tensile strength and flexural strength test were performed to determine the competence of reusing waste HDPE plastic in the production of concrete. The average of three identical sample tests for each strength was used to determine the strength of concrete and tested at 7, 14, and 28 days of curing age. All cubes were made with 150mm*150mm*150mm, cylinders with 100mm diameter and 200mm height and beams with cross-section 100mm*100mm*and length of 500mm size. The study result revealed that the density decreases for all percentage replacement, mechanical strength of concrete decreases with increasing dosage of HDPE beyond 6% and workability increases with the increase of HDPE. The optimum dosage was found to be 6%. The compressive strength increases up to 10.18%, tensile strength increases by 18.28% and flexural strength increases by 24.01% for 6% HDPE replacement in the concrete mix when compared with control concrete

A Study of Isothermal Mechanical Fatigue of Welded Reactor Steel (15H2MFA)

Abstract In material science and engineering the fatigue of metal is quite difficult to deal with and that of welded joint is an even more complex phenomenon. This complexity arises from different main factors: thermal cycles during welding, which will strongly affect the base material and induce residual stresses and distortion, the fusion process with the filler metal leads to heterogeneity to microstructure which will affect or change the original mechanical properties and chemical composition through out of the welded joint. In this study isothermal mechanical fatigue of welded reactor steel has been contemplated. The samples of the welded joint have used in this study is 15H2MFA steel type of VVER-440 reactor pressure vessel operating at Paks Nuclear Power Plant, Hungary. The reactor vessel is made of low-alloy heat resistant steel and austenitic steel with a corrosion-resistant inner (clad) surface. Reactor pressure vessel (RPV) made of 2 ¼ Cr -1Mo-V bainitic steel having a good mechanical strength and creep resistance.</jats:p

The effect of chlortetracycline treatment and its subsequent withdrawal on multi-resistant Salmonella enterica serovar Typhimurium DT104 and commensal Escherichia coli in the pig

Aims: To investigate the effect of a therapeutic and sub-therapeutic chlortetracycline treatment on tetracyclineresistant Salmonella enterica serovar Typhimurium DT104 and on the commensal Escherichia coli in pig. Methods and Results: Salmonella Typhimurium DT104 was orally administered in all pigs prior to antibiotic treatment, and monitored with the native E. coli. Higher numbers of S. Typhimurium DT104 were shed from treated pigs than untreated pigs. This lasted up to 6 weeks post-treatment in the high-dose group. In this group, there was a 30% increase in E. coli with a chlortetracycline minimal inhibitory concentration (MIC) > 16 mg l(-1) and a 10% increase in E. coli with an MIC > 50 mg l(-1) during and 2 weeks post-treatment. This effect was less-pronounced in the low-dose group. PCR identified the predominant tetracycline resistance genes in the E. coli as tetA, tetB and tetC. The concentration of chlortetracycline in the pig faeces was measured by HPLC and levels reached 80 mug g(-1) faeces during treatment. Conclusion: Chlortetracycline treatment increases the proportion of resistant enteric bacteria beyond the current withdrawal time. Significance and Impact of the Study: Treated pigs are more likely to enter abattoirs with higher levels of resistant bacteria than untreated pigs promoting the risk of these moving up the food chain and infecting man