Rwanda, Constitution of, I

THE CONSTITUTION OF THE KINGDOM OF RWANDA, Pt. 1

• We, Kigeli V Ndahindurwa, Mwami of the Kingdom of Rwanda; in agreement with the will of the People as made known to Us in the referendum of May 26, 2003, do hereby promulgate this constitution and order it be published in the official gazette of the Kingdom of Rwanda.

PREAMBLE

We, the People of Rwanda,

• §1 Emphasizing the necessity to strengthen and promote national unity and reconciliation which were seriously shaken by the revolution and its consequences;
• §2 Conscious that peace and unity of Rwandans constitute the essential basis for national economic development and social progress;
• §3 Resolved to build a State governed by the rule of Law, based on respect for fundamental human rights, pluralistic democracy, equitable power sharing, tolerance and resolution of issues through dialogue;
• §4 Considering that we enjoy the privilege of having one country, a common language, a common culture and a long shared history which ought to lead to a common vision of our destiny;
• §5 Considering that it is necessary to draw from our centuries-old history the positive values which characterized our ancestors that must be the basis for the existence and flourishing of our Nation;
• §6 Committed to ensuring equal rights between Rwandans and between women and men without prejudice to the principles of gender equality and complementarity in national development;
• §7 Determined to develop human resources, to fight ignorance, to promote technological advancement and the social welfare of the people of Rwanda;
• Now hereby adopt, by referendum, this Constitution as the supreme Law of the Kingdom of Rwanda.

Title One - The State and National Sovereignty

Chapter One - General Provisions

• Article One
  • The Rwandan Kingdom is an independent, sovereign, democratic and Christian Kingdom;

• Article 2
  • All the power derives from the people.
  • No group of people or individual can vest in themselves the exercise of power.
  • National sovereignty belongs to the people who shall exercise it directly by way of referendum or through their representatives.

• Article 3
  • The territory of Rwanda is divided into Provinces, Districts, Cities, and Towns.
  • The Law determines the number, boundaries, organization and functioning of Provinces, Districts, Cities, and Towns.

• Article 4
  • The Executive Capital of the Kingdom of Rwanda is the City of Nyanza.
  • The Law determines the organization, functioning and operation of the City of Nyanza.
  • The Legislative and Judicial Capital of the Kingdom of Rwanda is the City of Kigali.
  • The Law determines the organization, functioning and operation of the City of Kigali.

• Article 5
  • The national language is Kinyarwanda. The official languages are Kinyarwanda and French.

• Article 6
  • The national symbols of Rwanda are the flag, the motto, the seal and the national anthem.
  • The national flag is made up of three colours, green, yellow and red, charged with a kalinga in the center.
  • The Law determines the characteristics, significance, usage and ceremonials of the national flag.
  • The blazon of the Seal of the Kingdom
    • Per pale vert and gules, on a pale yellow a royal drum kalinga or.
    • Crest: the Royal headdress of Rwanda.
    • Supporters: Dexter a lion guardant proper, sinister a crested crane, both standing on mound vert.
    • Motto: Imbaga Y’inyabutatu Ijambere (Trois Personnes Unies Se Prospéreront) (Three Peoples United Will Prosper).
  • The characteristics, significance, usage and protection of these national symbols are determined by Law.

• Article 7
  • Every person has a right to nationality.
  • Dual nationality is not permitted.
  • No person shall be arbitrarily deprived of his or her Rwandan nationality or of the right to change nationality.
  • The conditions of acquisition, retention, enjoyment and deprivation of Rwandan nationality are determined by an organic Law.

• Article 8
  • Suffrage is universal and equal for all citizens.
  • Suffrage is direct or indirect and secret, unless a Law provides otherwise.
  • All Rwandan citizens of both sexes who fulfill the requirements provided for by the Law have the right to vote and to be elected.
  • The Law determines the conditions and modalities for the conduct of elections.

Chapter Two - Fundamental Principles

• Article 9
  • The Kingdom of Rwanda commits itself to conform to the following fundamental principles and to promote and enforce the respect thereof
    • eradication of ethnic, regional and other divisions and promotion of national unity
    • equitable sharing of power
    • building a Nation governed by the rule of Law, a pluralistic democratic government, equality of all Rwandans;
    • building a Nation committed to promoting social welfare and establishing appropriate mechanisms for ensuring social justice;
    • the constant quest for solutions through dialogue and consensus.

Title Two - Fundamental Human Rights and the Rights and Duties of the Citizen

Chapter One - Fundamental Human Rights

• Article 10
  • The human person is sacred and inviolable.
  • The State and all public administration organs have the absolute obligation to respect, protect and defend the human person.

• Article 11
  • All Rwandans are born and remain free and equal in rights and duties. Discrimination of whatever kind based on, inter alia, ethnic origin, tribe, clan, colour, sex, region, social origin, faith, opinion, economic status, culture, language, social status, physical or mental disability or any other form of discrimination is prohibited and punishable by Law.

• Article 12
  • Every person has the right to life. No person shall be arbitrarily deprived of life.

• Article 13
  • Crimes against humanity and war crimes do not have a period of limitation.

• Article 14
  • Every person has the right to physical and mental integrity.
  • No person shall be subjected to torture, physical abuse or cruel, inhuman or degrading treatment.
  • No one shall be subjected to experimentation without his or her informed consent.
  • The modalities of such consent and experiments are determined by Law.

• Article 15
  • All human beings are equal before the Law. They shall enjoy, without any discrimination, equal protection of the Law.

• Article 16
  • Criminal liability is personal.
  • Civil liability is determined by Law.
  • No one shall be imprisoned on the ground of inability to fulfill obligations arising from civil or commercial Laws.

• Article 17
  • The person's liberty is guaranteed by the State.
  • No one shall be subjected to prosecution, arrest, detention or punishment on account of any act or omission which did not constitute a crime under the Law in force at the time it was committed.
  • The right to be informed of the nature and cause of charges and the right to defense are absolute at all levels and degrees of proceedings before administrative, judicial and all other decision making organs.

• Article 18
  • Every person accused of a crime shall be presumed innocent until his or her guilt has been conclusively proved in accordance with the Law in a public and fair hearing in which all the necessary guarantees for defense have been made available.
  • Nobody shall be denied the right to appear before a judge competent by Law to hear his or her case.

• Article 19
  • Nobody shall be punished for acts or omissions that did not constitute an offence under national or international Law at the time of commission or omission.
  • Neither shall any person be punished with a penalty which is heavier than the one that was applicable under the Law at the time when the offence was committed.

• Article 20
  • No person shall be subjected to security measures except as provided for by Law, for reasons of public order and State security.

• Article 21
  • The private life, family, home or correspondence of a person shall not be subjected to arbitrary interference; his or her honor and good reputation shall be respected.
  • A person’s home is inviolable. No search of or entry into a home may be carried out without the consent of the owner, except in circumstances and in accordance with strict procedures determined by Law.
  • Confidentiality of correspondence and communication shall not be subject to waiver except in circumstances and in accordance with procedures determined by Law.

• Article 22
  • Every Rwandan has the right to move and to circulate freely and to settle anywhere in Rwanda.
  • Every Rwandan has the right to leave and to return to the country.
  • These rights shall be restricted only by the Law for reasons of public order or State security, in order to deal with a public menace or to protect persons in danger.

• Article 23
  • No Rwandan shall be banished from the country.

• Article 24
  • The right to asylum is recognized under conditions determined by the Law.
  • The extradition of foreigners shall be permitted only so far as it is consistent with the Law or international conventions to which Rwanda is a party.
  • However, no Rwandan shall be extradited.

• Article 25
  • Only civil monogamous marriage between a man and a woman is recognized.
  • No person may be married without his or her free consent.
  • Parties to a marriage have equal rights and duties upon and during the subsistence of a marriage and at the time of divorce.
  • The Law determines conditions, forms and effects of marriage.

• Article 26
  • The family, which is the natural foundation of Rwandan society, is protected by the State.
  • Both parents have the right and duty to bring up their children.
  • The State shall put in place appropriate legislation and institutions for the protection of the family and the mother and child in particular in order to ensure that the family flourishes.

• Article 27
  • Every child is entitled to special measures of protection by his or her family, society and the State that are necessary, depending on the status of the child, under national and international Law.

• Article 28
  • Every person has a right to private property, whether personal or owned in association with others.
  • Private property, whether individually or collectively owned, is inviolable.
  • The right to property may not be interfered with except in public interest, in circumstances and strict procedures determined by Law and subject to fair and prior compensation.

• Article 29
  • Private ownership of land and other rights related to land are granted by the State.
  • The Law specifies the modalities of acquisition, transfer and use of land.

• Article 30
  • The property of the State is comprised of public and private property of the central Government as well as the public and private property of decentralized local government organs.
  • The public property of the State is inalienable unless there has been prior transfer thereof to the private property of the State.

• Article 31
  • Every person shall respect public property.
  • Any act intended to cause sabotage, vandalism, corruption, embezzlement, squandering or any tampering with public property shall be punishable by Law.

• Article 32
  • Freedom of thought, opinion, conscience, religion, worship and the public manifestation thereof is guaranteed by the State in accordance with conditions determined by Law.
  • Propagation of ethnic, regional, racial or discrimination or any other form of division is punishable by Law.

• Article 33
  • Freedom of the press and freedom of information are recognized and guaranteed by the State.
  • Freedom of speech and freedom of information shall not prejudice public order and good morals, the right of every citizen to honor, good reputation and the privacy of personal and family life. It is also guaranteed so long as it does not prejudice the protection of the youth and minors.
  • The conditions for exercising such freedoms are determined by Law.

• Article 34
  • Freedom of association is guaranteed and shall not require prior authorization.
  • Such freedom shall be exercised under conditions determined by Law.
  • Freedom of peaceful assembly without arms is guaranteed if it is not inconsistent with the Law.
  • Prior authorization shall only be necessary if the Law so requires and solely in the case of assembly in the open air, in a public place or on a public road, to the extent that such is necessary in the interests of public safety, public health or public order.

• Article 35
  • Every person has the right to free choice of employment.
  • Persons with the same competence and ability have a right to equal pay for equal work without discrimination.

• Article 36
  • The right to form trade unions for the defense and the promotion of legitimate professional interests is recognized.
  • Any worker may defend his or her rights through trade union action under conditions determined by Law.
  • Every employer has the right to join an employers’ organization.
  • Trade unions and employers’ associations have the right to enter into general or specific agreements regulating their working relations. The modalities for making these agreements are determined by Law.

• Article 37
  • The right of workers to strike is permitted and shall be exercised within the limits provided for by the Law, but the exercising of this right should not interfere with the freedom to work which is guaranteed for every individual.

• Article 38
  • Every person has the right to education.
  • Freedom of learning and teaching shall be guaranteed in accordance with conditions determined by Law.
  • Primary education is compulsory. It is free in public schools.
  • The conditions for free primary education in schools subsidised by the Government are determined by an organic Law.
  • Parents have the right to have their children educated in a private school of their choosing.
  • The State has the duty to take special measures to facilitate the education of disabled people.
  • An organic Law determines the organization of Education.

• Article 39
  • All citizens have rights and duties relating to health. The State has the duty of mobilizing the population for activities aimed at promoting good health and to assist in the implementation of these activities.

• Article 40
  • Every foreigner legally residing in the Kingdom of Rwanda shall enjoy all rights save those reserved for nationals as determined under this Constitution and other Laws.

• Article 41
  • In the exercise of rights and enjoyment of freedoms, every person shall only be subjected to the limitations set by the Law in order to ensure the recognition and respect of others’ rights and freedoms, good morals, public order and social welfare which characterize a democratic and Christian society.

• Article 42
  • The judiciary as the guardian of rights and freedoms of the public ensures respect thereof in accordance with procedures determined by Law.

Chapter Two - The Rights and Duties of Citizens

• Article 43
  • All citizens have the right to participate in the government of the country, whether directly or through freely chosen representatives in accordance with the Law.
  • All citizens have the right of equal access to public service in accordance with their competence and abilities.

• Article 44
  • Every citizen has the duty to relate to other persons without discrimination and to maintain relations conducive to safeguarding, promoting and reinforcing mutual respect, solidarity and tolerance.

• Article 45
  • All citizens have the duty to participate, through work, in the development of the country; to safeguard peace, democracy, social justice and equality and to participate in the defense of the motherland.
  • The Law shall organize national service, whether civil or military.

• Article 46
  • In all circumstances, every citizen, whether civilian or military, has the duty to respect the Constitution, other Laws and regulations of the country.
  • Every citizen has the right to defy orders received from his or her superior authority if the orders constitute a serious and manifest violation of human rights and public freedoms.

• Article 47
  • Every citizen is entitled to a healthy and satisfying environment.
  • Every person has the duty to protect, safeguard and promote the environment. The State shall protect the environment.
  • The Law determines the modalities for protecting, safeguarding and promoting the environment.

• Article 48
  • Every citizen has the right to activities that promote national culture.
  • There is hereby established the Royal Rwandan Academy of Language and Culture.
  • The Law shall determine its functions, organization and operation.

• Article 49
  • The State has the duty to safeguard and to promote positive values based on cultural traditions and practices so long as they do not conflict with human rights, public order and good morals. The State equally has the duty to preserve the national cultural heritage.

Title Three - Political Organizations

• Article 50
  • A multi-party system of government is recognized.
  • Political organizations fulfillling the conditions required by Law are permitted to be formed and to operate freely; they must abide by the Constitution and other Laws as well as democratic principles and they should not destabilise national unity, territorial integrity or the security of the nation.
  • Political organizations participate in the education of citizens on politics based on democracy and elections and operate in such a manner as to ensure that women and men have equal access to elective offices.
  • The leadership organs of political organizations shall maintain offices only at the national and provincial levels.

• Article 51
  • Rwandans are free to join political organizations of their choice or not to join them.
  • No Rwandan shall be subjected to discrimination by reason of membership of a given political organization or on account of not belonging to any political organization.

• Article 52
  • Political organizations are prohibited from basing themselves on race, ethnic group, tribe, clan, region, sex, religion or any other division which may give rise to discrimination.
  • Political organizations must constantly reflect the unity of the people of Rwanda and gender equality and complementarity, whether in the recruitment of members, in putting in place organs of leadership and in their operations and activities.

• Article 53
  • The Senate may lodge a complaint against a political organization which has grossly violated the obligations contained in the provisions of Articles 50, 51 and 52 of this Constitution with the High Court of the Kingdom. In case of appeal, the appeal is heard by the Supreme Court.
  • Depending on the gravity of the violation proved, the High Court of the Kingdom may, without prejudice to criminal prosecution, impose any of the following sanctions against the political organization found guilty of the violations
    • formal warning;
    • suspension of activities for a period not exceeding two years;
    • suspension of activities for the whole Parliamentary term;
    • dissolution.
  • In the event that the final decision of the court of last instance is the sanction of dissolution of a political organization, the Members of the Chamber of Deputies elected on the ticket of the dissolved political organization shall automatically lose their parliamentary seats.
  • By-elections are held to replace Deputies of the dissolved political organization if the remaining period of their mandate is more than one year.

• Article 54
  • Without prejudice to the independence of each political organization and their collaboration, political organizations officially recognized in Rwanda shall organize themselves in a consultative forum.
  • The forum is mainly responsible for
    • facilitating exchange of ideas by political organizations on major issues facing the country;
    • consolidating national unity;
    • advising on national policy;
    • acting as mediators in conflicts arising between political organizations;
    • assisting in resolving internal conflicts within a political organization upon request by that political organization.
  • The forum's decisions shall always be taken by the consensus of the constituent organizations.

• Article 55
  • An organic Law shall determine the modalities for the establishment of political organizations, their functioning, the conduct of their leaders, and the organization and functioning of the Forum of Political organizations.

• Article 56
  • The Prime Minister and the Speaker of the Chamber of Deputies shall belong to different political organizations.

• Article 57
  • Judges, prosecutors as well as members of the armed forces, police and National Security Service shall not be permitted to be members of political organizations.
  • Other public servants and employees of public enterprises and parastatal organizations may join political organizations but shall not be permitted to take up senior leadership positions of political organizations as specified by an organic Law.

Title Four - Branches of Government

Chapter One - General Provisions

• Article 58
  • The branches of government are the following
    • the legislature
    • the executive
    • the judiciary.
  • The three branches are separate and independent from one another but are all complementary. Their responsibilities, organization and functioning are defined by this Constitution.
  • The State shall ensure that the exercise of legislative, executive and judicial power is vested in people who possess the competence and integrity required to fulfill the respective responsibilities accorded to the three branches.

• Article 59
  • Before taking office, the President of the Senate and the Speaker of the Chamber of Deputies, the Prime Minister, the Chief Justice of the Supreme Court, ministers, ministers of state and other members of Government, senators, deputies, officers of the rank of General and senior officers of the Rwanda defense Forces, commissioners and senior officers of the National Police, the judges of the Supreme Court, the Prosecutor General of the Kingdom, the Deputy Prosecutor General and such other persons as may be determined by Law shall take oath in these words, "I,……………, solemnly swear to the Nation that I shall
    • diligently fulfilll the responsibilities entrusted to me;
    • remain loyal to the Kingdom of Rwanda;
    • observe the Constitution and the other Laws;
    • work for the consolidation of national unity;
    • conscientiously fulfilll my duties of representing the Rwandan people without any discrimination whatsoever;
    • never use the powers conferred on me for personal ends;
    • promote respect for the freedoms and fundamental rights of the human being and safeguard the interests of the Rwandan people.
    • Should I fail to honour this oath, may I face the rigors of the Law.
    • So help me God".

Chapter Two - The Legislature

Section one - Parliament

Sub-section one - General Provisions

• Article 60
  • Legislative power is vested in a Parliament consisting of two chambers
    • the Chamber of Deputies, whose members shall have the title of "Deputies"
    • the Senate, whose members shall have the title of "Senators".
  • Parliament deliberates on and passes Laws. It legislates and oversees executive action in accordance with the procedure determined by this Constitution.

• Article 61
  • In the event of the absolute impossibility of Parliament holding session, the Mwami-in-Council during such period promulgates decree and those decree have the same effect as ordinary Laws.
  • These decrees become null and void if they are not adopted by Parliament at its next session.

• Article 62
  • Every Member of Parliament represents the whole nation and not just those who elected or nominated him or her or the political organization on whose ticket he or she stood for election.
  • Any imperative mandate is null and void.
  • The right of vote of a member of Parliament is ad personam.

• Article 63
  • Before taking office, Members of Parliament shall take oath before the Mwami and, in case of his absence, before the Chief Justice of the Supreme Court.
  • The first sitting of Parliament shall be convened and presided over by the Mwami within fifteen (15) days of the publication of the election results.
  • On commencement of each term of the legislature, the first sitting shall be devoted to the taking of the oath of office of members of Parliament and the election of the Bureau of each Chamber.
  • The election of the Bureau of each Chamber shall be presided over by the Mwami.
  • The Bureau of each Chamber of Parliament is made up of the President and two Vice-Presidents and the Speaker and two Deputy Speakers respectively. Their duties are specified in a Law establishing the internal regulations of each Chamber.

• Article 64
  • The quorum required for each Chamber of Parliament is at least three-fifths of its members.
  • The sittings of each Chamber of Parliament are public.
  • However, each Chamber may decide, by absolute majority of the members present, to sit in camera at the request of either the Mwami, the President of Senate or the Speaker of the Chamber of Deputies or a quarter of the members of either Chamber or the Prime Minister.

• Article 65
  • The Chambers of Parliament shall hold their sessions in the Capital City, each at its respective Chambers designated for the purpose except in cases of force majeure confirmed by the Supreme Court upon request by the President of the Chamber concerned. In the event that the Supreme Court itself is unable to hold session, the Mwami shall determine by decree the place where the Parliament shall hold session.
  • Decisions taken in sessions for which there has either been no convocation or no agenda has been distributed or which take place during periods outside the approved time of sessions or outside the designated Chambers are null and void, save as is provided in the preceding paragraph.

• Article 66
  • No one shall at the same time be a member of the Chamber of Deputies and of the Senate.
  • The office of a Parliamentarian shall not be compatible with being a member of the Cabinet.
  • An organic Law determines offices which are incompatible with the office of a parliamentarian.

• Article 67
  • Members of Parliament shall enjoy parliamentary immunity in the following manner
    • No Member of Parliament may be prosecuted, pursued, arrested, detained or judged for any opinions expressed or votes made by him or her in the exercise of his or her duties.
    • During the session period, no Member of Parliament suspected of a serious felony may be arrested or prosecuted without the authorisation of the Chamber to which he or she belongs.
    • When Parliament is not in session, no Member of Parliament may be arrested without the authorization of the Bureau of the Chamber to which he or she belongs, unless he or she is caught in flagrante delicto committing a felony or the Bureau of the Chamber to which he or she belongs has previously authorized his or her prosecution or a court of Law has passed a final verdict and sentence against him or her.
  • Any Member of Parliament convicted of a felony by a court of Law of last instance is automatically stripped of his or her parliamentary seat by the Chamber to which he or she belongs, after confirmation by the Supreme Court.
  • Similarly, each Chamber of Parliament may, in its internal regulations, make provisions for serious misconduct as a consequence of which a member of that Chamber may be removed from office. In such a case, the decision to remove the member from office shall be taken by a majority of three-fifths of the members of the Chamber concerned.

• Article 68
  • Ordinary sessions of both Chambers of Parliament shall take place on the same dates.
  • However, the sittings of each of the Chambers as well as the extraordinary sessions shall be held according to each Chamber’s internal regulations.
  • The two Chambers of Parliament cannot meet in joint session save in cases of debate on issues for which the Constitution mandates a joint session or formal ceremonies instituted by Law or other official functions.
  • When Parliament meets in joint session, the meeting shall be chaired by the Speaker of the Chamber of Deputies and in his or her absence, by the President of the Senate.

• Article 69
  • The Chambers of Parliament shall hold three ordinary sessions of two months each.
    • The first session shall commence on February 5th;
    • The second session shall commence on June 5th;
    • The third session shall commence on October 5th.
  • Where the commencement date of a session falls on a non-working day, the opening of the session shall be postponed to the following day; or, if the following day is a holiday, to the next working day.

• Article 70
  • Each Chamber of Parliament meets in an extraordinary session upon convocation by its President or Speaker, as the case may be, after consultation with other members of the Bureau or upon the request of the Mwami on the Cabinet's proposal or that of a quarter of members of the Chamber.
  • An extraordinary joint session of Parliament may be convened by common agreement between the Presidents of both Chambers, or at the request of the Mwami or that of one quarter of members of each Chamber.
  • The extraordinary session handles only the issues for which it has been convened and which have previously been brought to the notice of members of the Chamber or the Parliament before commencement of the session.
  • The session shall close upon conclusion of consideration of matters on the agenda for which the session was convened.
  • An extraordinary session shall not exceed fifteen days.

• Article 71
  • Each Chamber of Parliament shall adopt an organic Law establishing its internal regulations.
  • Such organic Law shall determine, inter alia
    • the powers of the Bureau of each Chamber;
    • the number, duties, powers and procedure of appointment of standing committees, without prejudice to the right of each Chamber to establish ad hoc committees;
    • the organisation of departments of each Chamber managed by the Speaker or the President assisted by two Vice-Speakers and two Vice-Presidents as the case may be and the Clerk;
    • the code governing the conduct of members of each Chamber;
    • the different modes of voting, with the exception of those expressly provided for by the Constitution.

• Article 72
  • Each Chamber of Parliament shall have its own budget and shall enjoy financial and administrative autonomy.

• Article 73
  • An organic Law shall determine rules not provided for in this Constitution relating in particular to the requirements for the conduct of elections of the members of each Chamber of Parliament and the manner of replacing a member of Parliament who leaves office before the end of his or her term. It shall also determine the factors which render a candidate ineligible for election, activities which are incompatible with the office of Deputy or Senator and the remuneration and allowances of the members.

Sub-section 2 - The Chamber of Deputies

• Article 74
  • The Chamber of Deputies shall be composed of 80 members as follows
    • Fifty-six (56) are elected in accordance with the provisions of Article 75 of this Constitution;
    • Twenty four (24) women; that is, two from each Province and the City of Kigali. These shall be elected by a joint assembly composed of members of the respective Provinces, Districts, Cities, and Towns.

• Article 75
  • The members of the Chamber of Deputies shall be elected for a five-year (5) term by direct universal suffrage through a secret ballot using a system of proportional representation.
  • Candidates may be presented by a political organization or may stand independently.
  • A political organization or list of independent candidates which fails to attain at least five per cent (5%) of the votes cast at the national level during legislative elections can not be represented in the Chamber of Deputies.

• Article 76
  • Any deputy who, during his or her mandate, either resigns from his or her political organization or resigns from the Chamber of Deputies or is expelled from the political organization to which he or she belongs in accordance with provisions of the organic Law governing political organizations or joins another political organization, shall automatically lose his or her seat in the Chamber of Deputies.
  • Disputes relating to decisions taken in accordance with the proceeding paragraph are adjudicated by the High Court of the Kingdom in the first instance and by the Supreme Court in the second and the last instance.
  • In the event of an appeal, the execution of the decision of the court of first instance is stayed until the Supreme Court rules on the appeal.
  • In the event of a Deputy losing or being removed from office when his or her term still has more than one year to go, the seat vacated by the Deputy shall devolve upon the person who was next on the list on which he or she was elected.
  • Candidates who are elected by means other than through lists of political organizations who lose or are removed from office as parliamentarians are replaced through fresh elections.

• Article 77
  • Every year, the Chamber of Deputies shall adopt the finance Law. It shall receive the finance bill before commencement of the Budget session.
  • The Chamber of Deputies shall examine the Budget for the next financial year on the basis of the budget implementation report for the current year presented to it by the Cabinet.
  • Every financial year and before June 30th of the following year, the Cabinet shall submit to the Chamber of deputies the finance bill for the concerned financial year with a report on the implementation of the budget certified by the Auditor General of State Finances.
  • The Cabinet shall submit a report on the implementation of the budget to the Auditor General of State Finances not later than March 31st of the following financial year.
  • The finance Law determines the State revenue and expenditure of the State in accordance with conditions provided for by an organic Law.
  • Before the final adoption of the Budget, the President of the Chamber of Deputies seeks the opinion of the Senate on the finance bill.

• Article 78
  • In the event that the Finance bill is not voted and promulgated before commencement of a financial year, the Prime Minister authorizes by an order a monthly expenditure on a provisional basis of an amount equal to one-twelfth of the budget of the preceding year.

• Article 79
  • No taxation can be imposed, modified or removed except by Law.
  • No exemption from or reduction of tax may be granted unless authorized by Law.
  • The Chamber of Deputies may, upon request by the Cabinet and after adoption of a Law relating to certain rates of taxes and duties by an organic Law, authorize its immediate application.

Rwanda, Constitution of, II