• Tecle Hagos Bahta Department of Law, University of Botswana & School of Law, Mekelle University
Keywords: Public Procurement, Ethiopian Civil Code, Administrative Contracts


The Ethiopian Civil Code of 1960 contained provisions on administrative contracts. Such contracts were little known in Ethiopia during those days. However, in the absence of any legal system to govern contracts entered into by administrative authorities, the redactor of the Civil Code felt it necessary for Ethiopia to adopt the French administrative contract principles. Hence the incorporation of those principles into the Civil Code although the redactor himself admitted that it was peculiar for any Civil Code to contain administrative law principles. Since the promulgation of the Civil Code in 1960, the provisions on administrative contracts remained by and large unknown and virtually ineffective in terms of their application in governing contractual relationships between administrative authorities and private contracting parties. In early 1990s, as part of its modernization efforts, Ethiopia enacted new laws consisting of modern public procurement law principles in order to overhaul the then existing weak and corrupt public financial management and administration, and the public procurement systems. These new laws were followed and supplanted by two successive proclamations in 2005 and 2009 both on financial administration and public procurement. However, despite what it seems to be a clear and deliberate move by the legislature, as discussed in this work, to abrogate the old administrative contracts provisions in the Civil Code, the courts in Ethiopia take cognizance thereof and apply them whenever these provisions are invoked by disputing parties.Thus, the two conflicting legal regimes are made to co-exist in the Ethiopian legal system thereby causing confusions in the rights and obligations of contracting parties, particularly private companies and individuals entering into public procurement contracts with administrative authorities. In this work, the nature and peculiarities of administrative contracts, how the principles enshrined in such contracts evolved in Ethiopia, and the existing problems emanating from the dilemma of trying to preserve the old administrative contracts provisions are examined and analyzed. Furthermore, the provisions of the successive proclamations by which these administrative contracts law provisions have been repealed have been critically assessed. Finally, it is shown that Ethiopia has enacted a full-fledged modern public procurement laws that are modelled on the UNCITRAL Model Law on Procurement of Goods, Construction and Services (1994) which should prevail over the old administrative contract rules in the Civil Code.

Author Biography

Tecle Hagos Bahta, Department of Law, University of Botswana & School of Law, Mekelle University
Lecturer-at-law, Department of Law, University of Botswana; Associate Professor of Law, School of Law, Mekelle University


Al-Saeed, M. 2002. Legal Protection of Economic Development Agreements. 17 Arab Law Quarterly 17:150-176.

Arrowsmith, S., Linarelli, J. & Wallace, D Jr. (Eds.). Regulating Public Procurement: National and International Perspectives. Kluwer Law International.

Bahta, T H. 2013. The Regulatory Framework for Public Procurement in Ethiopia. In Quinot, G. & Arrowsmith, S. (Eds.). Public Procurement Regulation in Africa. Cambridge: Cambridge University Press.

Bahta, T H. 2009. Adjudication and the arbitrability of Government Construction contracts in Ethiopia. Mizan Law Review 3:1-32.

Bahta, T H. 2016. Framework Procurement Contract in Ethiopia. Public Procurement Law Review 25:35-50.

Bell, J., Boyron, S. & Whittaker, S. (Eds.). 1998. Principles of French Law. Oxford: Oxford University Press.

Blackaby, N., Partasides, C., Redfern, A. & Hunter, M. 2009. Redfern and Hunter on International Arbitration. 5 ed. Oxford:Oxford University Press.

Cake, HM. 1972. The French Conseil d’Etat – An Essay on Administrative Jurisprudence. Administrative Law Review 24:315.

Cappelletti, M. & Garth, B. 1987. Civil Procedure: Introduction- Policies, Trends and Ideas in Civil Procedure. In Cappelletti, M. (Ed.). International Encyclopedia of Comparative Law.

David, R. 1967. Administrative Contracts in the Ethiopian Civil Code. Journal of Ethiopian Law 4:145.

Development Assistance Group ETHIOPIA, 2004. Ethiopia: Harmonization Action Plan (2004-2006), [online]. Available at < armonisationActionPlanDec04.pdf/> [Accessed 01-01-2017].

Government of Ethiopia, 2010. Ministry of Finance & Economic Development. Federal Public Procurement Directive.

Holmes, O W. 2009. The Common Law. Cambridge: Harvard University Press.

Knutson, R. (Ed.). 2005. FIDIC: An Analysis of International Construction Contracts. The Hague: Kluwer Law International.

Litvinoff, S. 1985-1986. Force majeure, Failure of Cause and Theorie de l’imprevision: Louisiana Law and Beyond. Louisiana Law Review 46:1-63.

Nicholas, B. 1982. The French Law of Contract. 2 ed. London: Butterworths.

Peter, W. 1998. Stabilization Clauses in State Contracts. International Business Law Journal 7:875.

Pollard, D. 1998. Sourcebook on French Law. 2 ed. London, Sydney: Cavendish Publishing Ltd.

Rudden, B. 1991. A Sourcebook on French Law. 3 ed. Oxford: Clarendon Press.

Schneider, M. & Scherer, M. 2005. Switzerland. In Knutson, R. (Ed.). FIDIC: An Analysis on International Construction Contracts. The Hague: Kluwer Law International.

Shimelash, B. 1994. The Formation, Content and Effect of an Arbitral Submission under Ethiopian Law. Journal of Ethiopian Law 17:69-94.

Sornaraja, M. 1986. The Pursuit of Nationalized Property. Martinus Nijhoff Philosophy Library, Springer.

United Nations Commission on International Trade Law. 2001. Legislative Guide on Privately Financed Infrastructure Projects (54th session, Supplement No 17). New York: United Nations.

World Bank. 2002. Ethiopia – Country Procurement Assessment Report: Findings and recommendations, Revised March 27, 2003. Washington, DC: World Bank.

Zahraa, M. & Ghith, A A. 2000. Specific Performance under the Vienna Sales Convention, English Law and Libyan Law. Arab Law Quarterly 15:304-322.


Debebe Derese General Contractor v Office of Water, Mining, and Energy of the District of Fentale, Cass. Case No 95797 [2015], 17 Fed. Sup. Ct. Rep. 104.

EthioMarketing Ltd v Ministry of Information. Civil Case No 1144/67 [1975], unreported.

Imperial Highway Authority (IHA) v Solel Boneh Ltd, Supreme Imperial Court of Ethiopia, May 14, 1965. African Law Reports vol. I., 1966.

Water Supply and Sewerage Authority v Kundan Singh. Civil Case No 688/79 [1986], unreported.

Weyra Wood and Metal Works Cooperatives Ltd v Bureau of Trade and Industrial Development of the Addis Ababa City Administration, Cass. Case No 80464 [2013], 14 Fed. Sup. Ct. Rep. 113.

ZemZem PLC v Illubabor Zonal Dep’t of Education, Cass. Case No 16896 [2006], 2 Fed. Sup. Ct. Rep. 75.

Legislation, Regulations & Proclamations:

Arbitration Act 42 of 1965 (South Africa).

Arbitration Act (Cap 06:01) (Botswana).

Civil Code of Ethiopia, 1960.

Civil Procedure Code of the Empire of Ethiopia, 1965.

Council of Ministers Financial Regulations No 17/1997 in Federal Negarit Gazeta, 3rd Year No 46 (01-07-1997) (Ethiopia).

Determining Procedures of Public Procurement and Establishing Supervisory Agency Proclamation No 430/2005 in Federal Negarit Gazeta, Year 11 No 15 (12-01-2005) (Ethiopia).

Federal Public Procurement and Property Administration Proclamation No 649/2009 in Federal Negarit Gazeta, Year 15 No 60 (09-09-2009) (Ethiopia).

Mining Proclamation No 52/1993 in Federal Negarit Gazeta, Year 52 No 42 (23-06-1993) (Ethiopia).

Petroleum Operations Proclamation No 295/1986 in Federal Negarit Gazeta, Year 45 No 6 (26-03-2006) (Ethiopia).

Telecommunication Proclamation No 49/1996 in Federal Negarit Gazeta, 3rd Year No 5 (28-11-1996) (Ethiopia).

Tigray Public Procurement Proclamation No 123/2006 in Negarit Gazeta Tigray, 3rd Year 15 No 8 (10-02-2006) (Ethiopia).

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