Rwanda, Constitution of, III

Chapter Five - The Judiciary

Section one - General Provisions

• Article 134
  • Judicial Power is exercised by the Supreme Court and other courts established by the Constitution and other Laws.
  • The Judiciary is independent and separate from the legislative and executive branches of government.
  • It enjoys financial and administrative autonomy.
  • Justice is rendered in the name of the people and no person may be a judge in his or her own cause.
  • Judicial decisions are binding on all parties concerned, be they public authorities or individuals. They shall not be challenged except through ways and procedures determined by Law.

• Article 135
  • Court proceedings are conducted in public unless a court determines that the proceedings should be in camera on the grounds that a public hearing might have an adverse effect on general public order or would outrage public morals.
  • Every court decision shall indicate the grounds on which it is based, be written in its entirety and shall be delivered in open court.
  • Courts apply orders and regulations only where they are not inconsistent with the Constitution and other Laws.
  • Without prejudice to the principle of equality of litigants before the Law, an organic Law relating to organization and jurisdiction of courts shall determine institution of a single judge in ordinary courts in first instance with the exception of the Supreme Court. The same organic Law shall provide for the procedure of application of the provisions of this paragraph.

• Article 136
  • Unless the Law otherwise provides, judges confirmed in office shall hold tenure for life; they shall not be suspended, transferred, even if it is for the purposes of promotion, retired prematurely or otherwise removed from office.
  • In the exercise of their functions, judges follow the Law and only the Law. The Law on the status of judges and other judicial personnel shall determine the remuneration and other benefits due to them.

Section Two - Courts

• Article 137
  • Ordinary courts are hereby established.
  • Ordinary Courts are the Supreme Court, the High Court of the Kingdom, the Provincial Courts, the District Courts and the Town courts.
  • Military courts are hereby.
  • An organic Law may establish specialized courts.
  • With the exception of the Supreme Court, ordinary courts may have specialised and/or itinerant chambers established by an order of the President of the Supreme Court upon proposal of the Supreme Council of the Judiciary.
  • Courts may sit in any locality within the limits of their territorial jurisdiction if the efficient administration of justice so requires and this does not prejudice the normal business of the courts at their permanent seats
  • However, no special courts shall be created.
  • An organic Law shall determine the organisation, jurisdiction and the functioning of Courts.

Sub-section One - Ordinary Courts

• A. The Supreme Court
• Article 138
  • The Supreme Court is the highest court in the country. The decisions of the Supreme Court are not be subject to appeal save in terms of petitions for the exercise of the prerogative of mercy or revision of a judicial decision. Its decisions are binding on all parties concerned whether such are organs of the State, public officials, civilians, military, judicial officers or private individuals.

• Article 139
  • The jurisdiction of the Supreme Court is provided for in this Constitution and other Laws and includes, inter alia
  • hearing appeals against decisions of the High Court of the Kingdom and the Military High Court rendered in their first or appellate degrees as provided for by the Law;
  • ensuring that Courts act in accordance with the Law, coordinating and supervising their activities;
  • ruling on the constitutionality of organic Laws and Laws establishing the internal regulations of each Chamber of Parliament before their promulgation;
  • upon the request of the Mwami, the President and Speaker of the Chambers of Parliament or one-fifth of members of the Chamber of Deputies or the Senate, the Supreme Court examines whether international treaties and agreements and Laws are not inconsistent with the Constitution and issues an advisory opinion before organs concerned take a decision;
  • hearing petitions on the constitutionality of Laws and decree-Laws;
  • resolving upon request, disputes relating to powers arising between different state organs;
  • hearing election petitions relating to referendum and legislative elections;
  • trying in the first and last instance criminal cases against the Mwami, the President of the Senate, the Speaker of the Chamber of Deputies, the President of the Supreme Court and the Prime Minister;
  • administering the oath of office taken by the Mwami and the Prime Minister before assumption of their duties;
  • trying the Mwami on charges of high treason or grave and deliberate violation of the Constitution. In such case, the decision to file charges against the Mwami with the Supreme Court shall be taken through a vote of both Chambers of Parliament meeting in joint session, by a two-thirds majority vote of members of each Chamber;
  • declaring vacant the office of the Mwami in case of the Mwami’s death, resignation or conviction and sentence for high treason or grave and deliberate violation of the Constitution;
  • propose to the Government, on matters relating to the organization of the judiciary, a bill of any nature amending existing Law in the public interest;
  • providing an authentic interpretation of custom which is unwritten and for which the written Law is silent.
  • An organic Law shall determine the organization and functioning of the Supreme Court.

• Article 140
  • The Supreme Court is headed by a President and is assisted by a Vice-President and twelve other judges.
  • They shall all be career judges.
  • Where necessary, an organic Law may increase or reduce the number of Judges of the Supreme Court.

• Article 141
  • The President and Vice-President of the Supreme Court are elected by the Senate for a single term of eight years by simple majority vote of members from two candidates for each post proposed by the Mwami after consultation with the Cabinet and the Supreme Council of the Judiciary.
  • They are appointed by a Royal order within eight days of the vote of the Senate.
  • They shall be holders of at least a Bachelor of Laws degree and have working experience of fifteen years in the legal profession and proven ability of management at high-levels of institutions. Holders of doctoral degrees in Law shall have at least seven years of experience in the legal profession.
  • They may be removed from office on account of undignified behaviour, incompetence or serious professional misconduct upon the petition of three-fifths of either the Chamber of Deputies or the Senate and a two-thirds majority vote of each Chamber.

• Article 142
  • The Mwami, after consultation with the Cabinet and the Superior Council of the Judiciary, shall submit to the Senate a list of candidates for appointment as judges of the Supreme Court. The list shall have two candidates for each post for which there is an election. The candidates shall be elected by an absolute majority vote of the members of the Senate.

• B. The High Court of the Kingdom
• Article 143
  • There is hereby establish the High Court of the Kingdom whose territorial jurisdiction is the whole country.
  • It has jurisdiction to try in the first instance certain serious offenses committed in Rwanda as well as some offenses committed outside Rwanda as specified by the Law.
  • It hears in the first instance cases relating to the violation of Articles 50, 51 and 52 of the Constitution committed by political organizations.
  • It has jurisdiction to hear in the first instance certain cases involving administrative Law, political organizations, elections and such other cases as an organic Law may determine.
  • It hears, as a court of last instance, appeals against decisions of lower courts as determined by Law.
  • It shall have specialized chambers which sit in different parts of the country as determined by Law.
  • An organic Law shall determine the organization, jurisdiction and functioning of the High Court of the Kingdom.

• C. The Provincial Courts
• Article 144
  • There is hereby established a Provincial Court in each Province of the country.
  • An organic Law shall determine the organization, jurisdiction and functioning of the Provincial Courts.

• D. The District, City and Town Courts
• Article 145
  • There is hereby established a District, Town and City Court respectively in each District, Town and City in the country.
  • An organic Law shall determine the organization, jurisdiction and functioning of these courts.

Sub-section Two - Military Courts

• Article 146
  • Military courts are comprised of the Military Tribunal and the Military High Court.
  • An organic Law determines the organization, jurisdiction and functioning of Military courts.

• Article 147
  • Without prejudice to the provisions of Article 156 paragraph one, the Military Tribunal tries in the first instance all offences committed by military personnel irrespective of their rank.

• Article 148
  • The Military High Court shall try in the first instance, all offences which constitute a threat to national security and murder committed by soldiers irrespective of rank.
  • The Military High Court is an appellate court for decisions rendered by the Military Tribunal.
  • The Supreme Court shall hear appeals against decisions of the Military High Court in accordance with the provisions of the Law.

Sub-section Three - Oath of Office of Judges

• Article 149
  • The President, the Vice-President and the Judges of the Supreme Court shall take the oath of office before the Mwami in the presence of the members of Parliament.
  • Other Judges shall take the oath of office before authorities indicated by the Law that governs them.

Section Three - The Superior Council of the Judiciary

• Article 150
  • There is hereby established a Supreme Council of the Judiciary which has the following functions
    • to examine and, either on its own initiative or upon request by another organ, to give advice on matters relating to the functioning of the justice system;
    • to take decisions relating to the appointment, promotion or removal from office of judges and management of the career in general and discipline of judges with the exception of judges of the military courts and the President and Vice-President of the Supreme Court;
    • to advise on all proposals relating to the establishment of a new court or bill governing the status of judges and other judicial personnel for whom it is responsible.
  • The President of the Supreme Court signs the orders of appointment, promotion and removal from office of judges and personnel of the Supreme Court.

• Article 151
  • The Supreme Council of the Judiciary is composed of.
    • the President of the Supreme Court, who is the chairperson;
    • the Vice-President of the Supreme Court;
    • a judge of the Supreme Court elected by his or her peers;
    • the President of the High Court of the Kingdom;
    • one Judge from each Provincial Court elected by his or her peers;
    • one Judge of a District, City or Town Court elected by his or her peers from the territorial jurisdiction of each Provincial Court;
    • two deans from the Faculties of Law of recognized universities elected by their peers;
    • the President of the National Commission of Human Rights;
    • the Ombudsman.
  • An organic Law shall determine the organization, powers and functioning of the Supreme Council of the Judiciary.

Title Five - The Decentralised Authorities

Chapter One - General Provisions

• Article 152
  • Public administration shall be decentralized in accordance with the provisions of the Law. Decentralized organs shall fall under the Ministry having local government in its functions.
  • Districts, Cities, and Towns are decentralized entities with legal status and administrative and financial autonomy and are the foundation of community development.
  • They shall be entitled to become members of national and international organisations which promote development through decentralisation.
  • A Law determines the establishment, boundaries, functioning of and collaboration between these organs and various other organs which have a role in the administration and development of the country. A Law shall also determine the manner in which the Government transfers powers, property, and other resources to decentralized entities.

Chapter Two - The National Dialogue Council

• Article 153
  • There is hereby established a “National Council of Dialogue”. It shall bring together the Mwami and five representatives of each District, City and Town Council designated by their peers. It shall be chaired by the Mwami and be attended by members of the Cabinet and Parliament, the Prefects of the provinces and such others as may be determined by the Mwami.
  • The Council shall meet at least once a year. It shall debate, among others, on issues relating to the state of the Nation, the state of local governments and national unity.
  • Resolutions of the Council are submitted to the concerned state institutions to enable them to improve their services to the population.

Title Six - National Defense and Security

• Article 154
  • The State has the following security organs:
    • The National Police;
    • The National Security Service;
    • The Rwanda Defense Forces.
  • A Law may determine other security organs.

Chapter One - The National Police

• Article 155
  • The National Police exercises its authority over the entire national territory.
  • It must serve the people particularly on the basis of the following principles:
    • safeguarding the fundamental rights guaranteed by the Constitution and the Law;
    • harmonious collaboration between the National Police and the community which it serves;
    • the accountability of the National Police to the community;
    • informing the population on how the Police is fulfillling its mission.

• Article 156
  • The National Police has the following functions:
    • ensuring compliance with the Law;
    • maintenance of internal public order;
    • ensuring security of person and property;
    • providing urgent humanitarian assistance in case of disasters, calamities and accidents;
    • ensuring respect for the Law relating to air space, borders and waters;
    • combating terrorism;
    • participating in international peace keeping missions, humanitarian assistance and training.
  • The Law determines the organization, functioning and powers of the National Police.

Chapter Two - The National Security Service

• Article 157
  • There is hereby established a National Security Service. Its responsibilities shall include, inter alia:
    • organizing and supervising intelligence inside and outside the country;
    • analysing the impact of international affairs on national security;
    • dealing with all issues relating to immigration and emigration;
    • advising the Government on all issues concerning national security.
  • The Law determines the organization, functioning and powers of the National Security Service.

Chapter Three - Rwanda Defense Forces

• Article 158
  • National defense is the responsibility of a professional army known as the "Rwanda Defense Forces". It has the following duties:
    • to defend the territorial integrity and national sovereignty of the Kingdom;
    • to collaborate with other security organs in safeguarding public order and enforcement of the Law;
    • to participate in humanitarian activities in case of disasters;
    • to contribute to the development of the country;
    • to participate in international peace keeping missions, humanitarian assistance and training.
  • A Law determines the organization and powers of the Rwanda defense Forces.

• Article 159
  • The Chief of General Staff shall be responsible for the operations and general administration of the Rwanda Defense Forces.

• Article 160
  • The Government of Rwanda can demobilize some members of the armed forces if deemed necessary or reduce the size of Rwanda Defense Forces.
  • A Law shall determine procedures for such actions.

Title Seven - Special Commissions and Organ

Chapter One - General Provisions

• Article 161
  • There are hereby established Commissions and specialized organs with the responsibility of helping to resolve major issues facing the country.
  • An organic Law may establish other Commissions and specialized organes.

Chapter Two - The National Commission for Human Rights

• Article 162
  • The National Commission for Human Rights shall be an independent national institution. Its responsibilities shall include the following:
    • educating and mobilizing the population on matters relating to human rights;
    • examining the violations of human rights committed on Rwandan territory by State organs, public officials using their duties as cover, by organizations and by individuals;
    • carrying out investigations of human rights abuses in Rwanda and filing complaints in respect thereof with the competent courts;
    • preparing and disseminating an annual and other reports as may be necessary on the situation of human rights in Rwanda;
  • The National Commission for Human Rights submits each year its program and activity report to the Mwami and the Parliament and provides copies thereof to such State organs as may be determined by a Law.
  • A Law shall determine matters relating to the organization and the functioning of the Commission.

Chapter Three - The National Unity Commission

• Article 163
  • The National Unity and Reconciliation Commission is an independent national institution. Its responsibilities include particularly the following:
    • preparing and coordinating the national program for the promotion of national unity;
    • putting in place and developing ways and means to consolidate unity among Rwandans;
    • educating and mobilizing the population on matters relating to national unity;
    • carrying out research, organizing debates, disseminating ideas and making publications relating to peace and national unity;
    • making proposals on measures that can eradicate divisions among Rwandans and to reinforce national unity;
    • denouncing and fighting against acts, writings and utterances which are intended to promote any kind of discrimination, intolerance or xenophobia;
    • making an annual report and such other reports as may be necessary on the situation of national unity and reconciliation.
  • The National Unity Commission shall submit each year its program and activity report to the Mwami and the Senate and provide a copy thereof to such other State organs as may be determined by Law.
  • An organic Law shall determine the organization and functioning of the Commission.

Chapter Four - The National Electoral Commission

• Article 164
  • The National Electoral Commission is an independent commission responsible for the preparation and the organization of elections and referenda in the Kingdom.
  • It ensures that elections are free and fair.
  • The National Electoral Commission submits each year its program and activity report to the Mwami and the Parliament and submits copies thereof to such other State organs determined by Law.
  • A Law determines the organization and functioning of the commission.

Chapter Five - The Public Service Commission

• Article 165
  • The Public Service Commission shall be an independent public institution. Its responsibilities shall include the following:
    • the recruitment and appointment of public servants in Central Government and other public institutions;
    • the submission of names of candidates to the institutions concerned for employment, appointment and promotion of candidates who fulfill all the required conditions and have the most suitable qualifications for the job for which they have applied, tak into account the record of their conduct;
    • the establishment of an appropriate system of recruitment of candidates which is objective, impartinal, transparent and equitable for all;
    • carrying out research on the Laws, regulations, human resource requirements, the terms of reference of posts and any other matters relating to the managemegnt and development of human resources and advise the Government accordingly;
    • submitting to the organs concerned proposals on appropriate disciplinary actions against employees in accordance with the Law in force;
    • providing technical assistance to State organs and public enterprises governed by special statutes using the expertise which it has by virtue of its functions referred to in this article.
  • The management and personnel of the Commission are prohibited from seeking or accepting instructions from private persons or public officials from outside the Commission.
  • The Public Service Commission submits each year its program and activity report to the Mwami, the Parliament and the Cabinet and provides copies thereof to other State organs determined by Law.
  • The Law shall determine the organization and functioning of the Commission.

Chapter Six - The Office of the Ombudsman

• Article 166
  • The Office of the Ombudsman shall be an independent public institution.
  • Its responsibilities shall include the following:
    • acting as a link between the citizen and public and private institutions;
    • preventing and fighting against injustice, corruption and other related offenses in public and private administration;
    • receiving and examining, in the aforementioned context, complaints from individuals and independent associations against the acts of public officials or organs, and private institutions and to mobilize these officials and institutions in order to find solutions to such complaints if they are well founded;
    • receiving the faithful declaration of assets of the Mwami, the President of the Senate, the Speaker of the Chamber of Deputies, the President of the Supreme Court, the Prime Minister and other members of the Cabinet upon taking up and on leaving office.
  • The Office shall not involve itself in the investigation or adjudication relating to matters which are sub judice except that it may submit to the courts or the prosecution service the complaints which it has received, in which case those organs are required to respond to the office.
  • The Office of Ombudsman shall submit each year its program and activity report to the Mwami and to Parliament and submit copies thereof to other State organs determined by Law.
  • The Law shall determine the organization and functioning of the Office.

Chapter Seven - The Office of the Auditor-General of State Finances

• Article 167
  • The Office of the Auditor General of State Finances is an independent national institution responsible for the audit of state finances.
  • It is vested with legal personality and has financial and administrative autonomy.
  • The office is headed by the Auditor General assisted by a Deputy Auditor General and other necessary personnel.
  • The responsibilities of the Office includes the following:
    • auditing objectively the revenues and expenditures of the State as well as of local government organs, public enterprises, parastatal organizations, privatized state enterprises, joint enterprises in which the State is participating, and government project in accordance with the Laws and regulations in force and in conformity with the prescribed justifications;
    • auditing the finances of the institutions referred to above and particularly verifying whether the expenditures were in conformity with the Law and sound management and whether they were necessary;
    • carrying out all audits of accounts, management, portfolio and strategies which were applied in institutions mentioned above.
  • No person shall be permitted to interfere in the functioning of the Office or to give instructions to its personnel or to cause them to change their methods of work.

• Article 168
  • Without prejudice to the provisions of Article 79 of this Constitution, the Auditor-General shall submit each year to each Chamber of Parliament, prior to the commencement of the session devoted to the examination of the budget of the following year, a complete report on the implementation of the State budget of the previous year. This report must indicate the manner in which the budget was utilized, unnecessary expenses which were incurred or expenses which were contrary to the Law and whether there was misappropriation or general squandering of public funds.
  • A copy of the report shall be submitted to the Mwami, Cabinet, President of the Supreme Court and the Prosecutor General of the Kingdom.
  • The Parliament may instruct the Office of the Auditor General to carry out a financial audit of any institution of the State with regard to the use of funds provided by the State.
  • The institutions and public officials to which the report of the Auditor General is addressed are obliged to implement its recommendations by taking appropriate measures for the irregularities and other shortcomings which were disclosed.
  • The Law determines the organization and functioning of the Office of the Auditor General of State Finances.

Chapter Eight - Chancellery for Heros and National Orders

• Article 169
  • There is hereby established a Chancellery for Heros and National Orders.
  • A Law shall determine its functions, organization and operation.

Title Eight - National Councils

Chapter One - National Council of Women

• Article 170
  • There is hereby established a National Council of Women.
  • The Law shall determine its organization, functions, operation and its relations with other State organs.

Chapter Two - The National Youth Council

• Article 171
  • There is hereby established a National Youth Council.
  • A Law shall determine its organization, functions, operation and its relations with other state organs.

Title Nine - International Treaties and Agreements

• Article 172
  • The Mwami negotiates international treaties and agreements and ratifies them. The Parliament is notified of such treaties and agreements following their conclusion.
  • However, peace treaties and treaties or agreements relating to commerce and international organizations and those which commit state finances, modify provisions of Laws already adopted by Parliament or relate to the status of persons, can only be ratified after authorization by Parliament.
  • It is not permitted to cede or exchange part of the territory of Rwanda or to join to Rwanda part of another country without the consent of the people by referendum.
  • The Mwami and Parliament shall be notified of all negotiations relating to treaties and international agreements which are not subject to ratification by the Mwami.

• Article 173
  • Upon their publication in the official gazette, international treaties and agreements which have been conclusively adopted in accordance with the provisions of Law shall be more binding than organic Laws and ordinary Laws except in the case of non-compliance by one of parties.

• Article 174
  • It is prohibited to make international agreements permitting foreign military bases on the national territory.
  • It is prohibited to make international agreements permitting the transit or dumping of toxic waste and other hazardous materials capable of endangering public health and the environment.

• Article 175
  • In the event that the Supreme Court, upon request by the organs referred to in article 145 paragraph 4 of this Constitution, rules that an international treaty contains provisions which are inconsistent with the Constitution, the authorization to ratify the treaty or agreement cannot be granted until the Constitution is amended.

Title Ten - Amendment of the Constitution

• Article 176
  • The power to initiate amendment of the Constitution is vested concurrently in the Mwami upon the proposal of the Cabinet and each Chamber of Parliament upon a resolution passed by a two-thirds majority vote of its members.
  • The passage of a constitutional amendment requires a three-quarters majority vote of the members of each chamber of Parliament.
  • However, if the constitutional amendment concerns the term of the Mwami; the system of democratic government based on political pluralism; the constitutional regime established by this Constitution, especially the monarchical form of the government; or national sovereignty, the amendment must be passed by referendum after adoption by each Chamber of Parliament.
  • No amendment to this article is permitted.

Title Eleven - Final Provisions

• Article 177
  • The Constitution is the supreme Law of the State.
  • Any Law which is contrary to this Constitution is null and void.

• Article 178
  • Laws and regulations can only enter into force after they have been duly published in accordance with the procedures determined by the Law.
  • Ignorance of a Law which has been duly published is not a defense.
  • Unwritten customary Law remains applicable as long as it has not been replaced by written Laws; is not inconsistent with the Constitution, Laws and regulations; and does not violate human rights, prejudice public order or offend public decency and morals.

• Article 179
  • All legislation in force shall remain applicable as long as its provisions are not contrary to this Constitution.

• Article 180
  • This Constitution, adopted by referendum of May 26, 2003, comes into force on the date of its promulgation by the Mwami and is duly published in the Official Gazette of the Kingdom of Rwanda.

Nyanza, on June 1, 2003. Mwami Kigeli V Ndahindurwa

The Prime Minister Bernard Makuza

Signed and sealed with the Seal of the Kingdom: