Non-organization of the Certificate of Aptitude for the Profession of Lawyer: Clarifications from the Ministry of Justice

After this release of Mr. Kouassi Bernard, Director of Cabinet of the Keeper of the Seals, Minister of Justice and Human Rights, we should better understand why for more than four (04) years, the examination for the obtaining the certificate of aptitude for the profession of lawyer (CAPA) is not organised. “The certificate of aptitude for the profession of lawyer was governed by decree no. 68-399 of September 3, 1968. This decree provided that the CAPA is issued following an examination which “takes place each year at month of October or November at the headquarters of the School of Law (Editor’s note: today UFR of legal, administrative and political sciences of Abidjan)”, points out the ministry in charge of Justice.

The CAPA is organized “under the authority of the director of the law school”.

In accordance with article 3 of the decree, it is given “with the assistance of law professors, magistrates appointed by the Keeper of the Seals and lawyers proposed by the council of the Bar Association…”

As such, it is indeed a university degree. Since issued to candidates definitively admitted by the director of the law school. »

Since January 1, 2015, the CAPA is now a professional diploma and not a university one

In its press release, the Ministry of Justice and Human Rights points out that since January 1, 2015, the date of entry into force of Regulation No. 05/CM/UEMOA of September 25, 2014, relating to the harmonization of the rules governing the profession of lawyer in the WAEMU area, the procedures for organizing the examination and issuing the CAPA have changed. And are governed by the Implementing Regulation n°001/2019/COM/UEMOA of February 21, 2019 relating to the certificate of aptitude for the profession of lawyer in the WAEMU area, which repeals the previous provisions, including the aforementioned decree . “Thus, under the terms of Article 4 of the said Implementing Regulations, the CAPA is now a professional diploma issued by the Bar of each WAEMU Member State. He is no longer a college degree,” the statement wrote.

The procedures for preparing for the examination and issuing the CAPA are now the responsibility, so to speak, of each bar. “The Ministry of Justice and Human Rights only provides support to the National Bar in the organization of the CAPA

It is moreover within this framework that the services of the Keeper of the Seals, Minister of Justice and Human Rights approached the Council of the Bar Association with a view to determining the terms of their support for the organization of the CAPA examination during this year 2023″, writes the Director of Cabinet of the Keeper of the Seals, Minister of Justice and Human Rights.