Law establishing the Institute of Legal Practice and Development (ILPD) and determining its Mission, Organization and Functioning

Citation
Law 65 of 2013
Date
14 October 2013
Language
English
Type
Legislation
Rwanda

Law establishing the Institute of Legal Practice and Development (ILPD) and determining its Mission, Organization and Functioning

Law 65 of 2013

We, KAGAME Paul,President of the Republic;THE PARLIAMENT HAS ADOPTED AND WE SANCTION, PROMULGATE THE FOLLOWING LAW AND ORDER IT BE PUBLISHED IN THE OFFICIAL GAZETTE OF THE REPUBLIC OF RWANDA
THE PARLIAMENT:The Chamber of Deputies, in its session of 27 May 2013;The Senate, in its Session of 24 May 2013;Pursuant to the Constitution of the Republic of Rwanda of 04 June 2003 as amended to date, especially in Articles 62, 66, 67, 88, 89, 90, 91, 92, 93, 94, 95, 108, 113, 118, 183 and 201;Pursuant to Organic Law n° 06/2009/OL of 21/12/2009 establishing general provisions governing public institutions as modified and complemented to date;Having reviewed Law n° 22/2006 of 28/04/2006 establishing the Institute of Legal Practice and Development;ADOPTS:

Chapter One
General provisions

Article One – Purpose of this Law

This Law establishes a high learning Institute of Legal Practice and Development, abbreviated as “ILPD” and determines its mission, organisation and functioning.ILPD shall have legal personality, administrative and financial autonomy and shall be managed in accordance with general provisions governing public institutions.

Article 2 – Head office of ILPD

The head office of ILPD shall be located in Nyanza District, Southern Province. It may be transferred elsewhere on the Rwandan territory if deemed necessary.In order to fulfill its mission, ILPD may have branches elsewhere in the country if deemed necessary, upon approval by a Prime Minister’s Order.

Chapter II
Mission of ILPD

Article 3 – Mission of ILPD

ILPD shall have the following main missions:1°to provide legal professional education to persons holding at least a Bachelor’s Degree in Law;2°to provide training to those working in the field of justice and in related fields;3°to promote research and disseminate law;4°to collaborate with other institutions of learning and research in Rwanda and abroad in the field of education and research in order to promote law and justice;5°to support any other initiative that may contribute to the promotion of law and justice.

Chapter III
Supervising authority of ILPD and its category

Article 4 – Supervising authority of ILPD and its category

A Prime Minister’s Order shall determine the supervising authority of ILPD and its category.There shall be concluded, between the supervising authority of ILPD and its decision-making organ, a performance contract determining competences, rights and obligations of each party in order for ILPD to fulfill its mission.Such a contract shall be valid for a period equal to the term of office of the members of the decision-making organ of ILPD.

Chapter IV
Organization and functioning of ILPD

Article 5 – Management organs of ILPD

ILPD shall be comprised of the following two (2) management organs:1°the Board of Directors;2°the General DirectorateA Prime Minister’s Order may determine other relevant organs in order for ILPD to fulfill its mission.

Section One – Board of Directors of ILPD

Article 6 – Board of Directors

The Board of Directors of ILPD shall be the governing and decision-making organ.Its competences, responsibilities and functioning as well as responsibilities and term of office of its members shall be determined by a Prime Minister’s Order.A Presidential Order shall appoint members of the Board of Directors including the Chairperson and Vice Chairperson.Members of the Board of Directors shall be selected on the basis of their competence and expertise.At least thirty per cent (30%) of the members of the Board of Directors shall be females.

Article 7 – Sitting allowances for members of the Board of Directors

Members of the Board of Directors present in the meetings of the Board of Directors shall be entitled to sitting allowances determined by a Presidential Order.

Article 8 – Incompatibilities with membership of the Board of Directors of ILPD

Apart from members of the Board of Directors who are part of teaching staff of ILPD, other members shall not be allowed to perform any remunerated activity within ILPD.Members of the Board of Directors shall also not be allowed, either individually or companies in which they hold shares, to bid for tenders of ILPD.

Section 2 – General Directorate

Article 9 – Composition of the General Directorate of ILPD

Members of the General Directorate of ILPD shall be appointed by a Presidential Order.The competences and responsibilities of members of the General Directorate of ILPD as well as modalities for performance of their duties shall be determined by a Prime Minister’s Order.

Article 10 – Statute governing staff of ILPD and the benefits of members of General Directorate and the staff of ILPD

The teaching and research staff of ILPD shall be governed by a statute established by a Presidential Order.The staff of ILPD shall be governed by the General Statutes for Rwanda Public Service.Benefits allocated to members of the General Directorate and to the staff of ILPD shall be determined in accordance with legal provisions determining benefits to employees of public institutions.

Article 11 – Organization, functioning and responsibilities of ILPD organs

The organization, functioning and responsibilities of ILPD organs shall be determined by a Prime Minister’s Order.

Chapter V
Property and finance

Article 12 – Property of ILPD and its sources

The property of ILPD shall be comprised of immovables and movables.It shall come from the following sources:1°State budget allocations;2°State or partners’ subsidies;3°income from various services and activities of ILPD;4°tuition fees paid by ILPD students;5°donations and bequests;6°loans granted to ILPD approved by the Minister in charge of finance;7°assets formerly owned by ILPD established by Law nº 22/2006 of 28/04/2006 establishing the Institute of Legal Practice and Development.

Article 13 – Use, management and audit of the property of ILPD

The use, management and audit of the property of ILPD shall be carried out in accordance with relevant legal provisions.The internal audit unit of ILPD shall submit a report to the Board of Directors with a copy to the head of the General Directorate of ILPD.

Article 14 – Approval and management of the budget of ILPD

The budget of ILPD shall be approved and managed in accordance with relevant legal provisions.

Article 15 – Annual financial report

Within three (3) months following the closure of the financial year, the head of the General Directorate of ILPD shall submit the annual financial report to the supervising authority of ILDP after its approval by the Board of Directors in accordance with laws governing the management of the State finance and property.

Chapter VI
Miscellaneous and final provisions

Article 16 – Transfer of contracts, activities and property of ILPD

Any agreement of ILPD concluded before the publication of this Law in the Official Gazette of the Republic of Rwanda shall remain valid.Activities, movable and immovable property, and liabilities of ILPD instituted by Law n° 22/2006 of 28/04/2006 establishing Institute of Legal Practice and Development shall be transferred to ILPD established by this Law.

Article 17 – Drafting, consideration and adoption of this Law

This Law was drafted, considered and adopted in Kinyarwanda.

Article 18 – Repealing provision

Law n° 22/2006 of 28/04/2006 establishing the Institute of Legal Practice and Development and all prior legal provisions contrary to this Law are hereby repealed.

Article 19 – Commencement

This Law shall come into force on the date of its publication in the Official Gazette of the Republic of Rwanda.
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History of this document

14 October 2013 this version
Commenced
27 August 2013
Assented to