Department of Government Cases - Ministry of Justice

Department of Government Cases

Prior to 1343, real property and financial cases of government agencies, joint companies and state enterprises were handled by the agencies in the courts. In order to unify such cases, the government at the time decided to establish within the framework of the Ministry of Justice the Department of Government Cases in order that educated professionals and experts with a legal background may be recruited and defend the legal interests of the government in the courts. Laws concerning Government Cases were codified and enforced since that time and Mohammad Ismail Qasimyar was the first individual to head this department.

Main objectives of the Department of Government Cases

The Department of Government Cases was established to:

  • Protect and safeguard movable and immovable properties of the government.
  • Defend the financial rights and legal interests of the government and joint companies.
  • Provide preliminary assessment of financial disputes between government organizations and joint companies on one side, and between private organizations and citizens of the country on the other.
  • Assess financial disputes stemming from contracts between government organizations and joint companies.

In order to materialize the aforementioned tasks, the Department of Government Cases performs the following duties:

Adopt necessary measures to reconcile between disputing parties and approve reconciliation agreements between them.

  • File lawsuits on behalf of the government.
  • Defends the interests of the government in the courts.
  • Issue preemptory rulings to the parties with financial disputes and claims originating form contracts between government organizations and joint companies.

The Law on the Department of Government Cases has (8) chapters and is comprised of (38) articles which regulates the work process of the department and its provincial branches, and is used as a guideline in routine daily operations.

Role of the General Department of Government Cases in the Process of Advancement of Ministry’s Tasks

The Department of Government Cases holds direct relations with the Office of Deputy Minister for Professional Affairs for the Ministry of Justice and plays a key role in the advancement of the aforementioned tasks. This department cooperates with other departments and branches and acts according to the directions of the Office of the Minister.

Based on the provisions of the Law on Government Cases, the main tasks of the Department of Government Cases include defending the interests of the government in the courts, reconciliation, and issuance of reconciliatory decisions between government organizations.

The Department of Government Cases has permanent relations with all departments of the Ministry of Justice particularly the Central Hoqooq Department, Hoqooq Department of Kabul Governor House, and Taqnin Department. In terms of financial and real estate affairs, it has direct relations with Hoqooq Department of Kabul Governor House.

In case there are claims from individuals against government properties, it contacts those related government organizations and requires them to provide documentation to help defend the legal interests of the government

  • Our working relations are mostly with the Kabul Municipality, Office of the Deputy Minister for Land-Ownership and Real Property Affairs, Kabul Agriculture Department, and the Central Department of Survey and Cadastre, for the purpose of obtaining complete information on immovable property issues used in the process of preparing claims and objections. The Department of Government Cases is considered one of the key and central departments of the Ministry of Justice and has above grade one status. It is worth mentioning that the Department of Government Cases, particularly its professional staff, perform their duties using the following applicable laws of the country.

The Constitution, Civil Procedure Code, Commercial Procedure Code, Civil Code, Commercial Code, Municipality Law, Banking Law, Law on the Organization of Land-ownership, Law of Postures, Law on Obtaining Rights, Law of Organization and Jurisdiction of Courts, Administrative Charter of Courts, Expropriation Law, Regulation on Distribution of Apartments, Regulation on the Organization of Foreign Exchanges, Regulation on Purchasing, Law of Property Dealers, Law on Defense Attorneys and Petition Writers, Mujallatol Ahkaam, Income Tax Law, Forestry Law and other applicable laws of the country.

It is worth mentioning that pursuant to the Law of Government Cases, terms of reference for the Chairman, professional members and sub-ordinate directorates of this department have been prepared and presented as below:

Terms of Reference for the Chairman of the Department of Government Cases.

The Chairman shall have the following duties and responsibilities:

  • According to Article 6 of Law of Government Cases, the Chairman shall personally be responsible for assigned duties and shall determine responsibilities of the deputy, professional members and heads of the relevant offices.
  • Support and exert efforts with regard to the process of civil administrative reforms on departmental level.
  • Observe provisions of the Constitution of the Islamic Republic of Afghanistan in its assigned duties and practice.
  • Adopt effective measures to implement the applicable laws of the country, especially Decree No. 83, dated 18.8.1382, and Decree No. 99, dated 4.2.1381, of the President of Afghanistan pertaining immovable properties.
  • Submit legal articles to Adaalat Magazine.
  • Timely monitor claims of professional members against lawsuits of claimants or defendants prior to referral of the case to the relevant courts.
  • In the area of jurisdiction, issue orders pertaining to petitions of clientele to the relevant offices of the Department of Government Cases in the capital.
  • Control the operations and organic relations with branches of the department in the provinces.
  • Appoint professional staff to handle and scrutinize the cases received by the Department of Government Cases.
  • If necessary, participate in the sessions of the primary court, Court of Appeals and The Supreme Court.
  • Visit the sites under dispute.
  • Hold weekly meetings with professional staff to discuss the received cases and to seek logical solutions to those cases according to the law.
  • Hold meetings with directors of the offices once every 15 days to direct them perform their daily duties in the right direction.
  • After relevant procedures, prepare questions for the test of property dealers.
  • Appear on appeals at The Supreme Court according to Article 173 of the Civil Procedure Code in consultation with the Minister.

Duties of Deputy the Department of Government Cases:

  • Provide assessment and analysis of the received cases and appointment of professional and administrative members.
  • Daily control and surveillance of the achievements of professional staff and other offices and implementation of the orders of the Chairman and the Minister.
  • Give necessary instructions and guidance for the advancement of professional duties.
  • In accordance with the law, test those qualified candidates who are interested in obtaining a license for operating property-related business.
  • Adopt measures to remove work flaws of professional and administrative staff.
  • Visit sites that are under dispute between the government and persons with cooperation from Central Department of Survey and Cadastre, Office of the Deputy Minister for Land-Ownership and Immovable Properties Affairs and Kabul Agriculture Department to distinguish between government properties and non-government properties according to the content of Decrees 83 and 99.
  • Present daily reports of the work of professional members to the head of the Department of Government Cases and higher authorities within the Ministry.
  • Adopt required measures to explain tasks and prevent backload of cases and waiting clientele.
  • In addition to the aforementioned duties, shall act as department head in the absence of the head of the Department of Government Cases.

Duties of Professional Members:

  • Receive incoming cases and petitions from in-charge of administrative sub-directorate of the Department of Government Cases.
  • Study, analyze and scrutinize cases.
  • File lawsuits.
  • Prepare sound legal objections to defend the interests of the government.
  • According to the law, participate in judicial sessions of the courts as a public rights defendant.
  • Resolve disputes between ministries and issue decisions that are based on the Law on Government Cases pertaining to government organizations.
  • Visit immovable property sites that are under dispute between individuals and the government and identify the property of the government in light of the law and the law on land-ownership as well as Decrees Nos. 83 and 99 of the President of Afghanistan with the assistance of relevant organizations.
  • Adopt effective measures to implement decrees issued by the President on land-ownership, particularly Article 16 of Decree No. 83 and Civil Procedure and Commercial Procedure Codes.
  • Observe provisions of the Constitution and all applicable laws of the country in the assigned duties and exercise it in practice.
  • Present weekly work reports to the head or deputy head of the Department of Government Cases concerning cases and seek specific directions in this regard.
  • Collect documentary evidence and papers concerning cases under process.

 

Duties of General Administrative Sub-directorate:

  • Follow instructions of the Chairman and deputy chairman offices pertaining to specific cases.
  • Receive instructions to sort out and assign incoming cases to the relevant persons and monitor the sound and timely execution of the instructions and refer such cases to the relevant authorities.
  • Monitor and control work process to ensure flawless performance from administrative and service personnel and maintenance of the office equipment.
  • Present proposals concerning shortage of necessary office tools and equipments.
  • Maintain work relations with government organizations and provincial government cases offices.
  • Keep confidential those secrets of duty and ensure it throughout administrative offices.
  • Prepare monthly, quarterly and annual reports to the relevant authorities.
  • Analyze and assess provincial reports and organize and unify reports for presentation to the Minister.
  • Dissemination of decrees, orders, instructions and approvals of government authorities of central and provincial offices.

 

Duties of the Property Dealers Sub-directorate:

  • Distribute periodical forms to qualified individuals in accordance with the provisions of the Property Dealers Law.
  • Handle and monitor distributed forms, hold examinations, among other procedures.
  • Distribute licenses to candidates who successfully pass the test in accordance with the requirements of the law.
  • According to the law, collect taxes and submit it in the relevant government bank account with the original receipt.
  • Monitor those who have licenses but fail to submit debts on time.
  • Handle balance issues of the licensee and refer their cases to State Accountant Department for payment of income tax by them in accordance with paragraph 2, Article …. Of Property Dealers Law.
  • Prepare and organize documentation procedures and control compliance of property dealers’ activities with principles organizing activities of property dealers’ offices in Kabul city.

 

Duties of Defense Attorneys and Petition Writers Sub-directorate

  • This sub-directorate follows the same procedures as mentioned for the sub-directorate of property dealers in providing licenses to defense attorneys and petition writers taking into consideration periodical forms set forth in the relevant law and submits proceeds generated from this activity to government account.
  • It is worth mentioning that applicants looking for defense attorney licensing shall have completed 25 years of age, posses five years of work experience in judicial, prosecution or legal offices or is a graduate from the faculty of law or Sharia or religious madrasas of the country.