TRANSLATION FROM ARABIC NO.3180/01 A/E

KINGDOM OF MOROCCO
MINISTRY OF JUSTICE
ADMINISTRATIVE COURT
CASABLANCA

Case no.331/2001
Judgement no. 617
Judgement passed on December 5, 2001

THE MINUTE ON FILE IN THE OFFICE OF THE CLERK OF
THE ADMINISTRATIVE COURT IN CASABLANCA
IN THE NAME OF HIS MAJESTY THE KING

THE RULE

The Administrative Court in Casablanca, made up of the following members:

• Ms. Saloua EL FASSI EL FIHRI Presiding Judge
• Mr. Abdeslem NAANANI Reporter
• Ms. Naima SAIFEDDINE Member
• In presence of Mr. Abdenbi AMKHERBACH Royal Commissioner
• Mr. Mustafa AOUAN Clerk of the Court

passed on the 19th day of Ramadan 1422 of the Hegira corresponding to the 5th day of December 2001

THE FOLLOWING JUDGEMENT

Between Mr. Mohamed BAHI, residing in Avenue Hassan SOUKTANI no.36 Hay Kouti, Casablanca, represented by Mr. Mohamed AMGHAR, attorney in the Bar Association of Casablanca ON THE ONE HAND

AND

• The deputy Registrar in the 21st Urban District Sidi Maarouf, Al Fida Derb Soultan in Casablanca
• The President of the Al Fida Urban Commune in his capacity as registrar
• The Minister of the Interior electing domicile in the Ministry of the Interior in Rabat
• The bailiff of the Kingdom in Rabat

ON THE OTHER HAND

FACTS

Considering the request submitted by the plaintiff Mr. Mohamed BAHI through his attorney Mr. Mohamed AMGHAR, and was received in the Office of the Clerk of the Court on May 30, 2001, in which he states that he begot a child with his wife Ms. Fatima ALOUAH on March 7, 2001 and that he already tried to register him in the Registry under the name of Idir, but the Registrar in the 21st Urban District of Sidi Maarouf refused to register him giving the pretext that the right name is Yeder and not Idir. The plaintiff claims that this Amazigh name does not cause a breach of the peace nor does it affect moralities. Therefore, he requests the Court to summon the defendants and nullify the decision made by the Registrar in the 21st Urban District of Sidi Maarouf as the latter refused the declaration of the plaintiff aiming at registering his son under the name of Idir. After the opposition to registration, he ordered him to register his son under the aforesaid name immediately and reserved the right of the plaintiff to claim indemnities.

The plaintiff produced the following documents:

1. Marriage contract.
2. Hospital birth certificate.
3. Letter of the plaintiff to the President of the Urban Commune.
4. Letter of the Registrar containing the decision of refusal of registration.

Whereas a date was fixed for the case and the parties concerned were summoned, Mr. Mustafa Said BERIOU, representing Al Fida Urban Commune answered that the plaintiff did not respect the provisions of article 42 of the Royal Decree dated September 30, 1976 and requested the Court to reject the plaintiff’s request for irregularity. With regard to the substance of the case, the defendant informed the plaintiff of the decisions of the Higher Registry Commission held on October 14, 1997 in the Ministry of the Interior and the plaintiff should act pursuant to its decisions. Therefore, the defendant requested the Court to reject the plaintiff’s request, producing:

1. Two copies of the answer to the defendant’s complaint.
2. A copy of the report of the Higher Registry Commission.

The plaintiff confirmed his claims and requested the court to accept them.

Accordingly, the case was submitted to the Royal Commissioner who requested the Court to reject the plaintiff’s claims, and the case was adjourned for deliberation and judgement in the session to be held on December 5, 2001.

GROUNDS

AFTER DELIBERATION PURSUANT TO THE LAW:

WITH REGARD TO THE FORM: Whereas the request of the plaintiff is regular, it shall be accepted.

AS TO THE SUBSTANCE: Whereas the request aims at nullifying the decision of the Registrar in the 21st Urban District of Sidi Maarouf refusing to register the plaintiff’s son Idir in the registers of the Registry;

Whereas the plaintiff claims that Idir is an Amazigh name that does not cause a breach to peace nor does it affect moralities;

Whereas the Higher Registry Commission held on November 14, 1997 fixed the names accepted and those rejected, stating that the accepted transcription of the aforesaid name is Yeder;

The decision of the Registrar is well-founded and justified.

Consequently, the plaintiff’s request should be rejected.

PRONOUNCEMENT

In accordance with law no.41/90 setting up the administrative courts;

FOR THESE REASONS:

Thee Court accepts the requests with regard to the form.

As to the substance of the case: the Court rejects the request and orders the plaintiff to pay the legal costs.

Thus, the Court passed its judgement on the aforesaid date.

The Presiding Judge / The Reporter /The Clerk of the Court
(Illegible signature)
(no seal is affixed to this document)

Note of the translator: Translation of a photocopy.

Rabat, on November 25, 2002