Bradley Mining Co. Porter, Ct. Mortensen, Sup. Michaud, Sup. Superior Court, Sup. Southern Pacific Ry. Magee, Sup. Claude, Sup. Cranston, Ct. McDonald, Sup. United States, Ct. Altheimer, Dist. Illinois, Burke v. Owens Illinois Glass Co. Waterman S. Bigelow, Sup.
Brewer, Sup. Stern Agency v. York, 54 Derderian v. Union Market National Bank, Sup. MacDougall, Ct. Nichols, St1p. Columbia Packing Co. Aetna Life Insurance Co. Hammer, Ct. Cl1ristionson, U. Crandall Horse Co. Kansas City Public Service Co. Bisanz Bros. Alderson, Sup. Morris, Sup. Vance, U. Walsh, Dist. Winsconsin, 44 Gulf Oil Corp. Gilbert, Sup. Fort Wayne Corrugated Paper Co.
Pawloski, Sup. Baker, Ct. Duggas, Ct. Boren, Ct. Wells Ct. Greyhound Corp. Kentucky, Legget v. Lohn1an v. Edgewater Ilolding Co. Maine Lu. Stepl1ens Ltd. Maine, Maryland, Sup. United Slates, Sup. Shering Corp. Leach, Sup. Northeast Mutual Life Insurance Co. Brandet1berg, U. Rodgers, Oklahon1a, Sup. Brickn1an, U. Iiggins, Ct. Great Western Packing Co. Gongalez, Ct. Cosby Sup. Caeron, Sup. Jordan, Ct.
Green, Ct. Dewey, Iowa Sup. Bar11es Foundation, U. Sill, Sup. England, Cl. Gist, U. Lambert, Sup. Washington National Banlc, Sup.
Talbert Drainage District, Ct. Moser, Sup. Motyl, Connecticut SuJ. Great Norther11 Ry. Carolina Peat1ut Co. City of Hutchinson, Sup. Levine, Sup. Bright, Ct. Mathias Ekwane et al Ct.
Ran1otu Ogunbiye et al Ct. J 05 Art. J 78 2 Art. Civil Code Art. Commercial Code Art. However, tl1e rights, privileges and d11ties tl1at exist tinder s11cl1 law will ean not]1jog unless they can be enforced.
This is why adjective law is jt1st as important as the substantive law, indeed if not more so. Tl1e person wl10 initiates a civil case is called tl1e plai11tiff; the person wl10 is sl1ed in a civil case is called the defendant. The opposite of a civil case is a pe11al prosec11tion. The definition of civil procedure and tl1e material dealing with tl1e distinction between civil and criminal cases is take11 from R.
Field an d B. Kaplan, Materials orz Civil Proceclure , pp. A legal person refers to an e11tity otl1er than a physical person wl1icl1 can be the subject of rights a. See Civ. See the definition of the ptirpose of pena 1 law in Pen.
The Criminal Procedure Code was pron1ulgated in Note that the same act n1ay constitute botl1 a penal offence and a civil wrong. If Ato A attacks Ato B, he l1 as committed a penal offense ; 7 he has also committed a civil wrong against tl1e person of Ato B, for whicl1 Ato B may claim redress.
Civil procedure is the procedure tl1 at is eployed in sucl1 cases, and it is tl1 at kind of procedure with wh. Tl1e purpose of procedure is to insure that legal disputes will be l1 andled in a fair and orderly way and as expeditiously and econo1nically as possible. Where a dis. Tl1e clai1ns of both parties m11st be l1eard in an orderly n1 anner.
Tl1e issues for decision must be clearly presented to tl1 e co11rt. Proced t1 re is but 1nea11s to a11 e11d; it is 11ot a11 end in itself. Procedure l1 as utility ly insofar as it e11 ables tl1e court to alce a fair a11d proper disposition of a case before it. Procedure exists solely to ins11re tl1e proper e11forceent of rigl1ts, privileges and d l1ties existing llnder the st1bstantive law. In order for procedure to be effectively employed, lawyers must be trained to use it.
Thus, at tl1e time wl1en, f oJlowing the Restoration, Etl1iopia bega. Tl1 e Adn1inistration of J t1stice Procla 1nation of , 12 wl1icl1 established a systen1 of cot1rts, a t1thorized the courts to promulgate procedural rules with the approval of tl1e Minister of Se e Pe S ee Civ. Se e Ch apter II. Se e Rev. Professors Field and Kaplan list the. Field and B. Kapl an, supra, note 2 at pp.
Ad1uinistration of Justice Proclam ation, , Proc. Many of tl1e new :provisio11s were ba. Court Procedtrre Rules, , Leg. Supreme Imperial Cou. The major problem has bee11 the delay in tl1e :final disposition of the case. The master text was drafted in English and then translated into An1J1aric. The Civil Code, for example, was drafted by Professor Rene. Thjs code was used as a model for the procedural codes of some Britisl1 colonies in Africa st1cl1 as the Suda11, and was of widespreacl application.
Tl1us, some prov1s1ons of the new code tl1at are based on the rules are indirectly based on the lnd. See the Preamble to the Civil Procedure Code. Decree No. It was publ. Under Art. Upon publication in the Negar1t Gazeta, sucl1 leg1slat1on bas t. Since substan. Com ent ctm ena of e dat the at g din pen es cas all to ive and applicable See the Preamble to tl1e Civil Procedure Code. As to the effect of such a repeals provision, see G. Studies, vol. Tl1e topics. A Table of Contents by article is appe11 ded.
Two features of the Code deserve s1 ecial co1ru11 e11t. Seco 11 dly, the Minister of JL1stice is give 11 tl1e power to ake r11les tl1at a. Tl1e operatio1 1 of tl1e Code ca11 be careft 1lly observed, and needed changes can be ade expeditiot1sly. Tl1e Civil Procedure Code nst be rea. We will clisc11ss these probles of interaction in tl1e co11text of tl1e areas of procedttral law in wl1ich tl1 ey arise. See, for example, Civ. He sh all a. When there is do11bt as to the rneani11g of a prov1s10? E,1 e11 i11 co 1tries w]1ere co11rts are not bo1rnd by decisions of higher co11rts or by tl1eir previo11s decisions,30 tl1ere is a tendency to look to past decisio11s and freqt1ently to follow tl1e In the first place, we.
Relevant cases would be cases fron1 cou11tries l1aving tl1e same kind of civil J rocedure code as Etl1iopia. As we said earlier, a nber of provisions have been based on corresSee the discL1ssion of tltls metl1od of interpretation in M. Planiol, Treatise on tl1e Civil Lalv 12th ed. In common law countries coLrrts n1ust follow the decisions on questions of law en1anating from hierarcl1ially superior coL1rts.
This would have the effect of 1ntrodL1crng b1od1ag precedent 1n Etl11op1a, but the Proclan1ation is now suspended. David and M. As to the tend:ncy of courts to follow tl1e1r prior dec1s1ons and arrive at established solt1tions, see M.
Plan1ol, supra, note 29 at p. In addition, no organized system of case reporting exists, altl1ougl1 selected cases are reported in the Jour11al of Ethiopian Law. Any sucl1 writings n1ust be related t? Although a detailed discussion of the differet1ce between procedt1re in common law and civil law cot1ntries is beyond the scope of this book, 34 it is proper to observe that common law countries place mucl1 greater emphasis on procedure tl1an do civil law cot1ntries.
Tl1e 1naterial contained in Section A a. The Etl1iopia11 Civil Procedure Code clearly follows tl1e common law approacl1 and contains the kind of pro, 1isions tl1at are found in tl1 e procedural codes of common law countries.
Tl1erefore, cases con1 ing fron1 sucl1 countries 1nay be relevant in i 11 ter1Jreting the Etl1 iopian Code. But, in each situation, tl1 e Ethiopian court n1ust be st1re tl1at tl1 e provisio11 of procedt1ral law on whicl1 the decision of t11e foreign court is based is sin1 ilar to tl1 e JJrovision co11 tained in tl1e Etl1iopian Code. Moreover, tl1 e fact tl1at st1cl1 cases are relevant only n1ea11s that they may be l1 elpft1l in eoabling tl1e Ethiopian court to decide tl1 e procedt1ral question before it.
Sucl1 decisio 11 s ca11 l1 ave bindi11g effect. Tl1is ay be a. Bt1t each question tl1 at arises l1ere 11 1L1st be co1 1sidered in tl1e Etl1iopian context, wl1 icl1 n1 ay require a different solutio 1 1 in a particular case. We ,vill consider a 11 11n1ber of foreign cases in detail and make reference to any otl1 ers. Tl1ey are illi,strative of the legal problen1 s that arise in the proced11ral area and l1 ow st1cl1 problems l1 ave been resolved by cot1rts in otl1er countries.
As stated in tl1 e Preface, this book is not intended to be a cor11mentary on tl1e Civil Procedure Code. Tl1e first qt1estion may suit be brougl1t? The cot1rt i n which suit power to l1 ear t11 e case: tl1is n1 eans that it 1nust have the clefenda11t or his property to its processes, it must be able. II be found m R. David ru1d M. The list of. This is not as simple a question as it mi0ol1 t first appear.
Chapter IV deals witl1 parties and the dimensions of the dispute. Once the plaintiff knows where l1e is to file suit and whom he is to sue the next question is l1ow l1e is to bring tl1e defendant before the court.
TJ1e plaintiff m11st institute his case in accordance witl1 a prescribed procedure, and the defendant m11st be notified that a st1it has been filed agai11st lum. Chapter V covers institt1tion of suit and service of process. After a suit l1as bee11 instituted, the parties must place tl1eir respective contentions before the court.
We will discuss pleading in Cl1apter VI. After the pleadings l1ave been filed, the case is prepared for trial. These proceedings will be discussed in Chapter VII. How do the parties prese11t the merits of their case to the court, and l1ow does the co11rt decide who sl1all prevail? All that went before c11lminates in the trial. We will consider review in Cl1apter IX. This 1s the q11est1on of executiorz of judgll1ents, which will be disct1ssed in Chapter X.
Even after the case I1as been closed, a question may arise as to the effect of the judgment upon fut11re litigation. In Chapter XII. Tl1e judicial power of Etl1 iopia is vested in the courts establisl1ed by law. Otl1er tribL1nals ay perfor. Tls, altl1ougl1 a11 adn1inistrative agency st1cl1 as tl1 e Labour Relations Board ,1y in so11 1e instances be adj11dicati11g cases, 4 it is 11ot a court i11 tl1e constitutio1Jal se11se.
It js 11ot established as a court in tl1e laws allocating judicial po,ver, a11d its e1nbers are not j11dges as tl1 e ter is 11sed in tl1e Constit11tio Clulot is not a cot1rt in tl1e legal se11 se of tl1 e ter Since tl1e Su1Jree I1nperial Co11rt is provided for in tl1 e Constitt1tion, it can never be abolisl1ed by legislation, altlgl1 its jurisdiction, as tl1a. The proclan1atio. See Labour Relations Decree, , Art. Unlike the courts, the Board is directed to conciliate ancl arbitrate disputes as well as to adjudicate them.
Its jurisdiction in civil cases is detern1i11ed by Art. See U. Sill Sup. Adnlinistration of Justice Proclamation, 2, Proc. It is beli. In Negar1t Ga eved that this was acco1nplisl1ed p ubl1shed by a! Tht1s, it is tech11ically correct t? Tl1at proclamatio11 has been suspended1o except for Eritrea,11 and was not reinstated, so tl1ose co11rts contin11ed to exercise jurisdiction in civil cases in accordance witl1 tl1e Procla1natio11 and the s11bsequent circular.
The Civil Proced11re Code, like the Crinlinal Proced11re Code, did not vest any j11risdictio11 in those courts, a11d for all practical purposes they I1ave been abolished.
We n1ay now consider these co11rts in more detail. The S11preme Imperial Cot1rt has always exercised only appellate jt1risdiction, hearing appeals from cases originating in or varied by the High Cotirt. It should be noted that governors- general, governors ancl n1islenies were authorized to sit as presidents of the T aklay Guezat, Awradja Guezat and Woreda Guezat CoL1rts respectively.
For the most part, this power J1as rarely been exercised, particularly in recent years. Courts Proclamation, , Proc. Courts Amendment Proclamation, , Proc. It was to go into effect only upon special order from the Mtruster of Justice, and no such order has been issued. Following the promulgation of Proc. W1tl1 the enactment of the Civil Procedure Code, the problem ceased to exist. The 1 JU clic1a1 d ut1es. All references. S edler, A S. Jur1sd1ct1on m Eth1op1a, J. In stlch a case the Court would be exerc1s1ng.
It sits in divisions, consisting of three judges, usually presided over by the Afe Negi. Wl1e11 tl1e panel is not un. Now judges are appointed to tl1e Supreme Jn1perial Court for indefinite periods, a]tl1ot1gl1 they retain the ra11k of a jL1dge of the Higl1 Cot1rt.
Tl1e Higl1 CoL1rt is a court of nationwide jurisdiction. It has origi11al jL1risdictio11 i11 tl1e 1nore in1porta11t cases and appellate jurisdiction over cases con1ing fro tl1e Awradja G11ezat Cot1rts. In a sense it was an atten1pt to formalize tl1e traditional Etl1jopian instit11tion of the sl1amagile elder , altlgl1 in practice today tl1ere is soetin1es conflict between the A. The procla1nation provides Administration of Justice Proclan1atioo, supra, note 6, Ar i. Administration of Justice Proclan1at.
Civ Pro. The Atbia Danias are appointed by the Minister of Justice from lists submitted by the Presidents of the Awradja G11ezat and Woreda G11ezat Courts, who are to consult witl1 local elders. They are not paid by the Governn1ent, and reportedly son1e charge fees for their services, altl1ough tl1ey are not supposed to do so.
A final question concerns tl1e status of Mohammedan religio11s co11rts. Such courts were established in ,24 and 11nless abolished by s11bsequent legislation, they constitute courts authorized by law witl1in the meaning of Art. The Proclan1ation provided for three levels of courts: Naibas Co11ncils, Kadis Co11ncils and t11e Court of Shariat, wl1icl1 is the court of last resort. Tl1e Minister of Justice was authorized to fornlate r11les of proced11re and to define tl1e territorial j11risdiction of the Naibas and Kadis Councils.
Like other judges, the judges of these cot1rts are appointed by tl1e Emperor. Tl1e Proclamation has never been expressly repealed, and neither tl1e Courts Proclamation nor the Civil Procedure Code n1akes any reference to these co1trts. The more serio11s q11estion is w]1ether the Procla.
Kadis and Naibas Councils Proclamation, , Proc. This repealed the Kadis Courts Proclan1ation of l , Proc.
No s1m1lar prov1s1on was inserted w1tl1 respect to the Mohammeda. TI1e Penal Code of , A! See C1v. It would follow then that the Proclamation is impliedly repealed by the Civil Cod.
Tl1 ese courts continue to ftctio11 today - in fact the Court of Shariat sits as a brancl1 of the Supreme In1 perial Co11rt - and new j11dges l1ave been appointed to fill vacancies. TJ1ere are also local judges who l1ear cases of a very minor 11 att1re, ,,1l1ich may be tried over again in tl1e Woreda Guezat Co11rt. Moham edan courts contin11e to f11nction, although there is a q11estion as to whether tl1e Proclan1 ation establishing tl1em has been impliedly repealed by tl1 e Civil Code.
I l1 ave discussed chilot in greater detail elsewl1ere,30 and the discussion in tlus sectio11 is based on the previous writing.
In approaching tl1 e n1 atter, we n1ust first consider the ki11 d of legal institution that cl1 ilot represe11ts. Is it a court? So the question is what choices are available to the newly installed government whenconfronting the evils of the past.
Of all the transitionaljustice mechanisms, namely truth commissions, lustration, amnesty, prosecution,and reparation, the Ethiopian government chose prosecution as the main means fordealing with the horrendous crimes committed by the Derg regime.
This book will be of great relevance to academics and practitioners in the areas ofgenocide studies, international criminal law and transitional justice. Students in thefields of international criminal law, transitional justice and human rights will alsofind relevant information on the national prosecution of politicide in particular andthe question of confronting the past in general. Product Details : Genre : Author : Etiopia impero.
All Rights Reserved. Politics affects administration in different ways. The point here is that administrative officials are subject to the overall control of the political executive cabinet and ministries and the legislature Parlia- ment. This greatly affects the administrative process within public organizations. They are also responsible for the administration of policies and the activities of civil servants and other public officials working under their control.
Administrators constitute the civil ser- vant and the administrative executive branch. They are responsible for policy implementation. They report to the political executives. This means that the administration of the country is held accountable to the electorate through its politically elected heads. Administrators are career officials civil servants and are not expected to be involved in partisan politics or exercise their own individual political interest within their office. Politicians, on the other hand, are interested in policy making and realizing the inter- est of the electorate.
They give the order to the administration and control their work. Therefore, it is sometimes difficult to differentiate politics from administration. It is important to recognize the interre- lationship between politics and administration. This is because pol- icy implantation and policy formulation are highly interrelated. The policies developed by politicians are implemented by administrators.
What is public administration? It can be identified with the executive branch of government, but this does not rule out the fact that public administration is also related in important ways to the legislative and judicial branches 2.
It is identified with the formulation and implementation of pub- lic policies, and thus, it is closely associated with private groups and individuals. In this sense, public administration is concerned with the major goals of the society and with the development of resources for achieving those goals within the context of a rapidly changing political environment; 3.
It is identified with human behavior and cooperative group ef- fort; 4. It is identified with the production of public goods or services; 5. It is identified by Promoting "public-ness" - public administration has to be explicitly "public" in terms of democratic values, power- sharing and openness 6.
Goals have to be clearly set; planning, pro- gramming and projections have to be followed step by step; and project management in all its ramifications has to have top priority in government. The centralized, insu- lar bureaucracy does not fit in with the contemporaneous socio- administrative reality.
Public administration in modern times has to be proactive, more adaptable to changes, more open to new insights, innovative, risk-taking, and often adventurous and has to be learning organization. The word Planning means the working out in broad outline the things to be done, the methods to be adopted to accomplish the purpose.
Organization means the establishment of the formal structure of authority through which the work is sub-divided, ar- ranged, defined and coordinated. Staffing means the recruitment and training of the personnel and their conditions of work.
Direct- ing means making decisions and issuing orders and instructions. Coordinating means inter-relating the work of various divisions, sections and other parts of the organization.
Reporting means in- forming the superiors within the agency to whom the executive is responsible about what is going on. Budgeting means fiscal planning, control and accounting.
Briefly, efficiency refers to the utilization of resources and involves the relationship between inputs and outputs.
Effectiveness deals with the extent to which the agency achieves the goals or objectives of the organization or program. Many have argued that the fourth pillar stands for equity or social equity Frederickson, ; Nalbandian, ; Wooldridge, ; Svara and Brunet, This disconnect seems to be representative of the fact that social equity is indeed a concept central to the ideals of public administration and needs to be among the pillars or main values of the field.
Schafritz and Russell define social equity as equal treatment by the political system or fairness in delivering public ser- vices. The concept of social equity is extremely relevant to the field of public administration for a variety of reasons. To begin, justice, fair- ness and equality are central issues in public administration.
First, implementation of the law is the work of public administrators and is the reason the field is often said to be the "law in action". Sec- ond, the law is rarely so clear and precise that it can uniformly be applied from case to case.
Third, if public administration is the law in action, then it inevitably requires interpretation and discretion in its applications. The distinction between the public and the private sector is however, greatly influenced by the political philosophy of each nation.
In the USA, for instance, the private sector plays a very important role in the American economy and society. The public sector is in many ways dependent on the private sector for the supply of goods and services. But in developing countries like Ethiopia the private sector is too weak to assume such a responsibility. Considerations of general welfare should be the common concern of both public and business administration.
Private management can ignore the larger public interest only at its peril. At the other end, public administration can hardly ignore the needs of efficient management. By contrast, business administration is basically oriented toward earning profit for the business proprietors.
Inability to earn profit will soon drive a private enterprise out of business. Adherence to law brings in a degree of rigidity of operation in the public sector.
There is always the fear of audit or accountability that acts as a constraint on performance. On the contrary business administration is relatively free from such con- straints of law and regulations.
There are of course general laws regulating business, but individual business firms have consider- able flexibility to adapt their operations to changing situations. An achievement rarely gets publicity, but a lit- tle fault hits the newspaper headline organizations like the police have to be on their toes to make sure that their operations do not incur the public wrath. This wide publicity is not to be found in business administration. Nor is it so very closely watched by the public and the media.
Hence, the administrators are to be very consistent and impartial in their dealings with the public. In business administration, discrimina- tion is freely practiced due to competitive demands. In the choice of products and in fixing prices, business administration overtly practices discrimination which is almost a part of business culture.
There are many pulls and pressures, many minds have to meet and discuss, consultations go on in sev- eral rounds of meetings before decisions are taken. Activities in one department have ramifications that spread over several other departments. By contrast, business administration is, generally speaking, much more well-knit and single minded in operation.
There is much less complexity in organization and operations. The pressures are certainly almost non-existent. Any unit of gov- ernment administration is tied up with a network of allied public organizations and has to work in close interaction with them. A private organization by contrast, has more compactness, insularity and autonomy of action. It is therefore, much more value oriented.
Business organizations have to follow the guidelines laid down by the public authorities. To explain in a more detail, the following are also basic difference between public and private administration: Environment: The foremost feature which distinguishes public administration from private administration lies in the environment within which the former necessarily functions.
Public administration inevitably operates within political environment. It is the political context of public administration which makes it necessary for it to lie down and adhere to elaborate rules and regulation and comply with time-consuming procedures.
Private administration decided the course of action on the basis of cost-benefits analysis at least, this is the belief-but in public administration the ultimate test is po- litical. This is how the government remains close to the people and citizens get maximum satisfaction. Nature of Functions: However, big and diversified, no private organization can match public administration in the range, variety and scale of function.
No private sector organization can boast of managing such a vast range of function. The task to be undertaken by public administration is also very complex in nature. Take the case of rural development. Rural development programs being taken up by the government entail so many variables; and no private sector organization may even nearly match them in terms of their complex- ity.
According to Felix A. Negro, its real core is "the basic service which is performed for the public, such as police and fire protec- tion, public works, education, recreation, sanitation, social security, agricultural research, national defenses, and other.
It is for this very reason that the field of public administration is so broad, because each of these services arises out of different needs which press them- selves upon individuals in modern society.
This feature, indeed, follows from the political environments subject to public con- trol and scrutiny. Such awareness makes it necessary for the govern- ment to keep elaborate records of all its decision-making.
As the government has necessarily to justify its action before parliamentary committees and other bodies which may be set up to scrutinize pub- lic action this induces a certain behavioral pattern among public per- sonnel a tendency, for instance, to become more procedure-minded rather than more goal-oriented. In the words of Appleby, "Govern- ment administration differs from all other administrative work by virtue of its public nature, the way in which it is subject to public scrutiny and outcry.
In the case of private administration, the criterion of efficiency is simple and universally accepted. It is profit. On the other hand; it is difficult to evaluate efficiency in a government or- ganization. Generally, governmental organizations do not work for profit: they are engaged in non-profit activities. They, for instance take up service functions to perform promotional, developmental or regulatory tasks where it is difficult to evaluate efficiency.
The ab- sence of a balance-sheet in government and quasi-government orga- nizations tends to make public personnel unresponsive to the logic of efficiency and economy. So, the basic aim of governmental activities is not to maximize profit, but to promote community welfare. Legal Safeguards: Public administration is less efficient than pri- vate administration functions strictly in accordance with legal safe- guards.
This implies that the government official, much more so than his private counterpart, operate within a framework of general and specific laws limiting his freedom of individual action. His work must conform to special laws operating in the country, all the poli- ties and instructions of higher authorities, prevailing customs and general public relations requirements.
Service and Cost: In public administration, there is an intimate relationship between the service rendered and the cost of service charged from the public. Here expenditure exceeds income. On the other hand, in private administrative income often extras expendi- ture, otherwise there would be no profit. Consistency of Treatment: Public administration should be con- sistent in procedure and uniform in dealing with the public.
It cannot accord preferential treatment of some segments of the community to the exclusion of others. Private administration can and very often does practice discrimination in selling its services.
Anonymity: The public official bears the impress of anonymity. He acts in his official capacity, and is protected from harm or criticism by the well-known convention of ministerial responsibility for all his acts so performed.
External Financial Control: Public administration is subjected to external financial control. It is the legislature that passes the accep- tance, authorizing the executive branch to spend money. The latter cannot collect or spend money on its own will.
There is, thus, a di- vorce between administration and finance, this kind of separation is absent in private administration. Monopoly: Many activities of public administration are monopolis- tic in nature; and absence of competition has endowed it with many special features.
This is because of the greater opportunity of serving the people that the public service offers. Indeed, service to the community be- ing the fundamentals urge characterizing public administration; the latter needs people having ability and willingness to promote and protect public interest. Personnel Practices: The personnel practices in the government are elaborate and rigid, and are even designed to serve multiple goals, thereby adding to the complexity of the task.
In Ethiopia, for instance, the public personnel practices are based on merit and treat disadvantaged sections in the society in a special manner.
On the other hand, private administration enjoys a much larger measure of initiative and flexibility in regard to its personnel practices. Wide Publicity: Actions and deeds of public administration are exposed to the public notice to a degree which people in private sector can never imagine to have. The media is ever interested in getting even the smallest details about the public officials. Public administrations verily operate within a glass house and its activities are all open to the public.
In general, public administration has acquired certain distinctive feature differentiating it form private administration. Public account- ability is its hallmark; consistency of treatment is its watch-world; and consciousness of community service, its ideal.
Nevertheless, public and private administrations are not two distinct entities. They are two sides of the same coin. Criteria Public Administration Private Administration Purpose Serves the general public, welfare Serves private owner, profit Mode of Operation According to the law, rules and regulations Relatively free and flexible to adopt Control Continuous gaze by the public Not so by the public but by the owners Public Relations Impartial and even handed equal to all Openly discriminatory unequal Complex, many pulls and pressures, many Involvements Well-knit and single minded operation minds involved Needs political direction at the core of public Needs less of that, profit is at the heart of Politics administration business administration Table 1.
All these have their own effects on the administrative system of a given country or organization. Thus, pub- lic administration has always to keep on with close scrutiny and be aware of what is going on or what exists in both the internal and external environment.
The following is a brief description of the environment of public administration classified as internal and ex- ternal. This may include the organiza- tion itself and groups and individuals within the organization, the material, financial, and other resources available for the organization and so on.
The organizational structure and the pattern of authority in the formal hierarchy, the purpose and tradition of the organization, his- torical legacies or traditional practices of the administrative systems, the internal network and working procedures have influences on the administrative efficiency and effectiveness of a given organization or country.
The behavior and structure of formal and informal groups like peer groups, labor unions, and advisory council have also strong influence on the style of administration. The type and sufficiency of materials, skills, knowledge, and finance are considered as environ- mental factors internal to the organization, that highly determine the administrative style and the accompanying success or failure of ad- ministration. External environment on the other hand is that, which is out- side the control of the administration but having major impact in shaping the features and determining the success or failures of the overall objectives that public administration wants to achieve.
The external environment can be generalized as demographic, political, economic, natural, social, technological and international forces, each of which reflected in many ways. Public administrators operate in an intense and perva- sive political atmosphere. This is natural since public administra- tion is part and parcel of the political process. Lining, duct Duct lining including materials such as adhesive, insulation, coating and film used to line the inside surface of a duct, fan casing, or duct plenum.
Plenum chamber An air compartment connected to one or more distributing ducts. Register A grille and damper assembly covering an air opening. Service agency An agency capable of providing caliber testing, or manufacture of equipment, instrumentation, metering, or control apparatus, such as contractor, laboratory, or manufacturer. Smoke An air suspension aerosol of particles, usually but not necessarily solid often originating in a solid nucleus, formed from combustion or sublimation. Also defined as carbon or soot particles less than 0.
Temperature, dry-bulb The temperature of a gas or mixture or gases indicated by an accurate thermometer shielded from effects of radiation. Temperature, mean The temperature of a uniform black enclosure in which a radiant body or occupant would exchange the same amount of radiant heat as in the existing non-uniform environment. The operative temperature can be taken as average of mean radiant temperature and dry-bulb temperature.
Temperature, wet-bulb Thermodynamic wet-bulb temperature is the temperature at which water liquid or solid state by evaporating into air can bring the air to saturation adiabatically at the same temperature.
Wet-bulb temperature without qualification is the temperature indicated by a wet-bulb psychomotor, constructed and used according to specification. Vapor barrier A moisture-impervious layer applied to the surfaces enclosing humid space to prevent moisture travel to a point where it may condense due to low temperature. Ventilation The process of supplying or removing air, by natural or mechanical means, to or from any space. Such air may or may not have been conditioned.
Zone A space or group of spaces within a building with sufficiently similar cooling requirement. When abnormal conditions prevail, the ventilation rate may be increased to prevent undue concentration of body odours, bacteria-carrying practices, gas, vapor or dust and to prevent undue accumulation of carbon dioxide and to remove products of combustion. Table 2. Outlets for the supply air shall be adequately distributed over the car park area.
Smoke extraction fans shall also be fire rated. This requirement is necessary so that the car park can be maintained under negative pressure at all times to prevent the spread of noxious gases into adjacent occupied areas.
When kitchen hoods are in operation, the exhaust air through the hoods can be considered as contributing to the exhaust requirement for ventilation. In large kitchens, areas are sub-divided to form wash-ups, preparation, pantry, stores and services, etc. These areas shall be provided with a minimum ventilation rate of ten air changes to create a feeling of comfort.
Whether or not the kitchen hood is in operation, the kitchen shall be provided with ventilation in accordance with Table 2. Considerable quantities of steam and radiant heat are given off and a good rate of ventilation should be provided, and partial air conditioning considered if the restaurant is air conditioned. However, care should be taken to ensure that food is not subject to cold draughts. Exhaust discharge shall not impinge on obstacles such as parapets, overhangs and other equipment and higher parts of buildings.
Where grease is present, kitchen hoods incorporating grease filters shall be used. The faces of filters shall be vertical or sloped at an angle not greater than 30 O from vertical. Internal gutters not greater than 50mm or less than 35mm wide and not less than 10mm deep shall be located around the lower edges of hoods. Plugged drainage holes shall be provided at intervals not greater than 6m along the gutter.
For wall-mounted hood, it can be considered as part of an island type hood composed of actual hood and its mirror image in the wall. Thus the above formula can also be applied and corrected. Kitchen exhaust shall be discharged directly to the exterior and away from the habitable areas of the building.
It shall not be less than 5m from any air intake openings. A drain shall be provided at the lowest point of each run of ducting. The rating shall apply to fire exposure from both the internal and external part of the duct or structure. Where the duct riser is required to be enclosed in masonry shaft, it shall be compartmentalized from the rest of the shaft space containing other ducts or services installations.
Upon activation by the building fire alarm system it shall supply at not less than ten air changes per hour. The air is filtered, heated or cooled as necessary and moisture is added or extracted to give a controlled humidity. This section deals with data assumption and methodologies necessary to determine the cooling or heating load and fresh air requirement. The dry-bulb temperature value shall exceed more than 2. These temperatures are given in annex I for some cities in Ethiopia.
When abnormal conditions prevail, the ventilation rate may be increased to prevent undue concentration of body odours, bacteria-carrying particles, gas, vapor or dust and to prevent undue accumulation of carbon dioxide and to remove products of combustion.
Table 3. Selection should favor the more efficient fan types and ensure that the fans will be operating at peak efficiency. For Air handling units installed in open space the electrical isolating switch shall be all weather resistant.
Installers and blazers shall be qualified and competent personnel following industry good practice working methods.
The use of refrigerant detectors and alarms should be considered in these situations. The number of joints should be minimized. Where the recovered heat is fed to a ventilation system, modulation control is normally required to prevent overheating in warm weather.
Noise problems may arise from the airborne noise, controlled by choosing a non-sensitive location or by an enclosure for the pump. It is necessary to: a Use vibration isolators to isolate the pump from the building. This reduces both noise and vibration.
The following types of vibration isolators can be used. Such concealed units shall have good sound insulation and vibration isolation devices. This also helps for noise control. Where unavoidable, fire or smoke dampers shall be installed at the location where duct crosses fire wall. Access openings shall be provided where debris, paper or other combustible materials may accumulate in plenums and ducts. Removable grilles requiring only the loosening of catches or screws for removal may be considered as access openings.
Screening shall be of corrosion resistant material not larger than 10mm mesh. The intakes of outdoor air to all air- conditioning and mechanical ventilation systems, including those of the ventilation and pressurization of stair shafts, shall be located at external walls or at roof level, arranged so as to pick up outdoor air free of contamination or odours.
The distance from an air intake to a cooling tower is measured from the base of the cooling tower. Where such connection is made, devices shall be installed to prevent the circulation of exhaust air though the dwelling units when the fan is not operating. Exhaust ducts for industrial or commercial kitchens shall be of a separate system. Where so located they shall be suitably protected.
Masonry ducts should be finished in a similar manner where possible. Ducts or duct linings where glass fiber matt or mineral wool is exposed to the air stream shall be suitably protected to prevent erosion of fibers.
Hangers and brackets for supporting ducts shall be of metal. Table 5. All transverse joints, longitudinal seams and penetrations in duct wall. Pressure sensitive tape shall not be used as primary sealant. All transverse joints and longitudinal seams. Pressure sensitive tape shall not be used a s primary sealant. Transverse joints only.
Longitudinal seams are joints in the direction of the airflow. Transverse joints are connections of two duct sections orientated perpendicular to airflow direction. Penetrations in duct walls are any openings made by screw, pipe, rod or wire. Duct systems with pressure ratings in excess of pa shall be identified on the drawings. Pipes shall be adequately supported. Hangers and brackets for supporting pipes shall be of metal. Fire rated proprietary pipe work system may be used if it is tested in the manner acceptable to the relevant authority.
The required minimum thickness does not consider water vapor transmission and possible condensation.
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