Law establishing Rwanda Law Enforcement Specialized Academy and determining its Mission, Powers, Organisation and Functioning

This is the latest version of this Law.

Rwanda

Law establishing Rwanda Law Enforcement Specialized Academy and determining its Mission, Powers, Organisation and Functioning

Law 11 of 2017

  1. [Amended by Law modifying Law establishing Rwanda Law Enforcement Specialized Academy and determining its Mission, Powers, Organisation and Functioning (Law 13BIS of 2019) on 20 April 2017]
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 21 February 2017;Pursuant to the Constitution of the Republic of Rwanda of 2003 revised in 2015, especially in Articles 20, 64, 69, 70, 88, 90, 91, 106, 112, 119, 120, 165 and 176;Pursuant to Law n° 01/2017 of 31/01/2017 governing the organization and functioning of higher education;ADOPTS:

Chapter One
General provisions

Article One – Purpose of this Law

This Law establishes Rwanda Law Enforcement Specialized Academy, and determines its mission, powers, organisation and functioning.

Article 2 – Establishment of RLEA

There is established a Rwanda Law Enforcement Specialized Academy, abbreviated as “RLEA”.

Article 3 – Legal personality and autonomy of RLEA

RLEA has legal personality and enjoys autonomy in relation to academic, research, administrative and financial affairs and is managed in accordance with relevant laws.

Article 4 – Category of RLEA

RLEA is a specialized public higher learning institute.

Article 5 – Head office of RLEA

The head office of RLEA is located in Musanze District, Northern Province. It may be relocated elsewhere on the Rwandan territory when considered necessary, upon approval by a Prime Minister’s Order.RLEA may have branches elsewhere in the country, upon approval by a Prime Minister’s Order.

Article 6 – Supervising authority of RLEA

An Order of the Prime Minister determines the supervising authority of RLEA.

Article 7 – Performance contract

RLEA operates on the basis of performance contract.Modalities for the conclusion and evaluation of performance contract of RLEA are determined by relevant laws.

Chapter II
Objective, mission and powers of RLEA

Article 8 – Objective of RLEA

The objective of RLEA is to provide courses for promoting law enforcement.

Article 9 – Mission of RLEA

RLEA has the following main mission:to develop curricula and provide courses in faculties related to law enforcement and award related degrees and certificates;to conduct research enabling the development of a security and law enforcement policy;to prepare and provide courses intended to upgrade professional skills of members of Rwanda National Police and the Rwanda Investigation Bureau and all others admitted to this academy in the fields related to the mission of those organs;to carry out evaluation of the performance of its graduates in order to develop adequate programs to address the identified skills gaps in relation to its mission;to collaborate with other institutions with similar mission in Rwanda and abroad in accordance with laws;to fulfil other mission related to its objective which is not contrary to this Law.Faculties implementing the mission of the Academy as provided for under this Article are determined by the Academic Senate of RLEA and approved by the Ministry in charge of education upon proposal by RLEA.

Article 10 – Powers of RLEA

RLEA has the following powers:to award degrees and certificates in relation to courses it offers;to award prizes for acts, degrees or certificates of excellence;to approve the requirements for admission of students;to conclude partnership and cooperation agreements with various institutions in charge of education, training or research as well as other institutions of higher learning in Rwanda and abroad;to award honorary degrees in accordance with relevant laws;to promote academic and research staff of RLEA.

Chapter III
Organisation and functioning of RLEA

Article 11 – Management organs of RLEA

The management organs of RLEA are the following:the Chancellor’s Office;the Council of RLEA;the Office of the Vice Chancellor;the Academic Senate;the Senior Management Committee.An Order of the Prime Minister may determine other management organs necessary for RLEA to fulfil its mission.

Section One – Chancellor’s Office

Article 12 – Chancellor’s Office and modalities for its appointment

The Chancellor’s Office of RLEA consists of the Chancellor appointed by a Presidential Order.

Article 13 – Duties of the Chancellor

The Chancellor of RLEA has the role of presiding over the academic year opening ceremonies of RLEA, graduation ceremonies and awarding other merit titles.He/she may also attend other events or meetings when he/she is invited.

Section 2 – Council of RLEA

Article 14 – Council of RLEA

The Council of RLEA is the management and decision making organ.

Article 15 – Appointment of members of the Council of RLEA

Members of the Council of RLEA including the Chairperson and Deputy Chairperson are appointed by a Presidential Order.Members of the Council of RLEA are selected on the basis of their competence and expertise. At least thirty per cent (30%) of members of the Council of RLEA must be females.Their term of office and modalities for their replacement are determined by a Prime Minister’s Order.

Article 16 – Responsibilities of the Council of RLEA

The Council of RLEA has the following main responsibilities:to assess and follow up the functioning of RLEA;to select members of the Office of the Vice Chancellor;to follow up the functioning of the Office of the Vice Chancellor of RLEA and provide strategic guidance to be followed in the fulfilment of its responsibilities;to provide the vision of activities, approve the long term strategic plan, action plan and annual activity plan of RLEA as well as related reports;to conclude a performance contract with the supervising authority of RLEA and monitor its implementation in accordance with relevant laws;to approve Internal Rules and Regulations of RLEA;to approve the annual draft budget proposal of RLEA prior to its submission to relevant organs and monitor its use and execution;to approve the activity and financial reports of the previous year and submit them to the supervising authority of RLEA;to approve the appointment, promotion and dismissal of deans of faculties, lecturers and researchers;10°to approve candidates for award for certificates of merit and other awards granted by RLEA;11°to resolve work relationship disputes between the administration and staff of RLEA and advise them;12°to submit a quarterly activity report to the supervising authority of RLEA;13°to make decisions on all critical matters under the mission of RLEA;14°to submit to the Minister in charge of higher education quarterly and annual activity reports;15°to approve the policy of learning, teaching, assessment and research;16°to approve donations and bequests of RLEA.

Article 17 – Powers of the Council of RLEA

The Council of RLEA has the absolute power to make decisions regarding administration, human resources and property of RLEA in order to fulfil its mission.

Article 18 – Duties of the Chairperson of the Council of RLEA

The Chairperson of the Council of RLEA has the following duties:to manage the Council of RLEA and coordinate its activities;to sign the performance contract between the Council of RLEA and the supervising authority of RLEA;to follow up the good management of RLEA;to convene and preside over the meetings of the Council of RLEA and submit minutes thereof to the supervising authority;to follow up the implementation of resolutions and instructions of the Council of RLEA;to submit to the Minister in charge of higher education quarterly and annual reports and activity programs;to deputize for the Chancellor in case of his/her absence;to submit to relevant organs the reports of RLEA approved by the Council of RLEA;to follow up the implementation of resolutions of the Council of RLEA and perform any other duties within its responsibilities as may be assigned to him/her by the Council of RLEA.

Article 19 – Duties of the Deputy Chairperson of the Council of RLEA

Duties of the Deputy Chairperson of the Council of RLEA are determined by a Prime Minister’s Order.

Article 20 – Sitting allowances for members of the Council of RLEA

Sitting allowances for members of the Council of RLEA are determined by a Presidential Order.

Article 21 – Incompatibilities with membership of the Council of RLEA

Except for ex-officio members, members of the Council of RLEA are not allowed to perform any remunerated activity within RLEA.Members of the Council of RLEA are also not allowed, either individually or through companies in which they hold shares, to bid for tenders of RLEA.

Article 22 – Convening and holding of meetings of the Council of RLEA

The meeting of the Council of RLEA is held once a quarter and whenever necessary upon invitation by the Chairperson of the Council of RLEA at his/her own initiative or at the request in writing of at least one third (1/3) of its members.The invitation to the ordinary meeting is submitted in writing to the members of the Council of RLEA at least fifteen (15) days before the date of the meeting.An extraordinary meeting is convened in writing at least five (5) days before the date of the meeting. However, in case of urgent matters falling within the competence of the Council of RLEA which require decision, an extraordinary meeting may be convened urgently without regard to the period referred to in this Article.

Article 23 – Quorum and modalities for decision-making of the meeting of the Council of RLEA

A quorum for a meeting of the Council of RLEA consists of two thirds (2/3) of its members. However, when a meeting is convened for the second time it takes place regardless of the number of its members present.Modalities for decision-making by the Council of RLEA are determined by the Internal Rules and Regulations of RLEA.

Article 24 – Invitation of a resource person to the meetings of the Council of RLEA

The Council of RLEA may invite in its meetings any person it considers to be able to provide advice on any item on the agenda.The person invited is not allowed to vote and follow debates on other items on the agenda.

Article 25 – Resolutions of the meetings of the Council of RLEA

Resolutions of the meeting of the Council of RLEA are signed by its members present immediately after the meeting, and a copy thereof is sent to the organ supervising RLEA within five (5) working days for it to give its opinion within fifteen (15) days from receipt of the resolutions. If this period expires before it gives its opinion, such resolutions are considered definitively approved.

Article 26 – Minutes of the meetings of the Council of RLEA

The minutes of the meeting of the Council of RLEA are signed jointly by the Chairperson and its rapporteur and approved at the next meeting. A copy of the minutes of the meeting is submitted to the supervising organ of RLEA in period not exceeding fifteen (15) days from its approval.

Article 27 – Rapporteur of the meeting of the Council of RLEA

The Vice Chancellor of the Office of the Vice Chancellor of RLEA serves as the rapporteur of the meeting of the Council of RLEA but he/she has no voting rights when it comes to decision-making.The Vice Chancellor of RLEA does not participate in the meetings that make decisions on issues that concern him/her personally.The Internal Rules and Regulations of RLEA determine a replacement of the Vice Chancellor in case of his/her absence.

Article 28 – Personal interest in issues under consideration

When a member of the Council of RLEA has a direct or indirect interest in issues under consideration, he/she must immediately inform the Council of RLEA about where his/her interest lies. A member who declares an interest in the issue under consideration cannot attend the meeting deliberating on that issue.When it happens that many or all members of the Council of RLEA have a direct or indirect interest in the issue under consideration in such a way that it is impossible to decide on the issue, the issue is submitted to the supervising organ of RLEA to decide on the matter in period no exceeding thirty (30) days.

Article 29 – Reasons for loss of membership in the Council of RLEA and modalities for replacement

A member of the Council of RLEA loses membership if:the term of office expires;he/she resigns in writing;he/she is no longer able to perform his/her duties due to an illness certified by a committee of three (3) authorized medical doctors;he/she is definitively sentenced to a term of imprisonment equal to or exceeding six (6) months;he/she is absent from three (3) consecutive meetings without valid reasons;he/she jeopardizes the interests of RLEA;he/she is convicted of the crime of genocide or genocide ideology;he/she no longer fulfils requirements considered at the time of his/her appointment;he/she dies.In case a member of the Council of RLEA leaves his/her duties before the expiration of his/her term of office, the competent authority appoints a substitute to complete the remainder of his/her term of office.

Section 3 – Office of the Vice Chancellor of RLEA

Article 30 – Appointment of Members of the Office of the Vice Chancellor of RLEA

The Office of the Vice Chancellor of RLEA is composed of the Vice Chancellor of the Office of the Vice Chancellor, the Deputy Vice Chancellor in charge of Academic Affairs and the Deputy Vice Chancellor in charge Finance and Administration appointed by a Presidential Order.

Article 31 – Responsibilities of the Office of the Vice Chancellor of RLEA

The Office of the Vice Chancellor of RLEA has the following main responsibilities:to coordinate day-to-day activities of RLEA;to prepare the activity plan, the draft budget proposal of RLEA and submit them to its Council for approval;to ensure good management of personnel and property of RLEA;to represent RLEA and publicize its activities;to implement instructions and decisions of the Council of RLEA;to submit a quarterly activity report to the Council of RLEA;to perform such other duties falling within the mission of RLEA as may be assigned by higher organs.

Article 32 – Duties of the Vice Chancellor of the Office of the Vice Chancellor

The main duties of the Vice Chancellor of the Office of the Vice Chancellor of RLEA are as follows:to make follow-up on, direct and coordinate day-to-day activities of RLEA;to convene and preside over the meetings of the Office of the Vice Chancellor;to organize the functioning and collaboration of services of RLEA;to serve as the legal representative of RLEA and publicize its activities;to ensure the implementation of decisions and instructions from higher organs;to prepare the long term draft strategic plan proposal of RLEA and submit it to its Council for approval;to prepare the draft of Internal Rules and Regulations of RLEA;to make follow-up on the preparation of the draft budget of RLEA and submit it to its Council;to ensure the implementation of legal provisions governing institutions of higher learning and the Internal Rules and Regulations of RLEA;10ºto submit to the Council of RLEA activity reports and plans quarterly and annually and any time considered necessary;11ºto sign partnership and cooperation agreements with other institutions of higher learning at the national, regional or international level;12ºto raise funds for developing RLEA to be approved by its Council;13ºto attend the meetings of the Council of RLEA and act as its rapporteur;14ºto submit a report on the activities and the management of RLEA;15ºto perform such other duties as may be assigned to him/her by higher organs.

Article 33 – Collaboration between members of the Office of the Vice Chancellor of RLEA

The Vice Chancellor of the Office of the Vice Chancellor of RLEA supervises the Deputy Vice Chancellors who submit to him/her activity reports on a monthly basis and any time considered necessary.

Section 4 – Academic Senate

Article 34 – Academic Senate

The Academic Senate is the supreme organ competent in academic affairs, research and education within RLEA.

Article 35 – Appointment of members of the Academic Senate

Members of the Academic Senate of RLEA are appointed by an Order of the Prime Minister.The President of the Academic Senate is among the members of the Academic Senate.

Article 36 – Responsibilities of the Academic Senate

The main responsibilities of the Academic Senate are the following:to set guidelines for the admission of students, knowledge assessment, teaching and research staff recruitment and promotion before approval by the Council of RLEA;to evaluate and supervise academic, research and educational activities;to set academic and research guidelines;to make academic decisions related, among others, to the results of students, their promotion, repetition and dismissal;to prepare a report on decisions of recruiting and promoting the teaching and research staff, evaluating its performance and imposing sanctions on such staff and submit it to the Council of RLEA for approval;to develop the curriculum and modalities for delivery thereof and submit them to the Council of RLEA for approval;to submit its activity report to the Council of RLEA.

Article 37 – Duties of the President of the Academic Senate

The main duties of the President of the Academic Senate are the following:to coordinate all academic, knowledge assessment, education and research activities-related programs;to convene and preside over meetings of the Academic Senate and monitor the implementation of decisions thereof;to make follow-up on the formulation and implementation of academic, knowledge assessment, education and research guidelines and submit them to the Council of RLEA for approval;to perform such other duties falling within the scope of the responsibilities of the Academic Senate.

Section 5 – Senior Management Committee

Article 38 – Senior Management Committee

The Senior Management Committee is the advisory body of the Office of the Vice-Chancellor of RLEA.

Article 39 – Appointment of members of the Senior Management Committee

Members of the Senior Management Committee of RLEA are appointed by an Order of the Prime Minister.The Chairperson of the Senior Management Committee is among the members of the Senior Management Committee.

Article 40 – Responsibilities of the Senior Management Committee

The Senior Management Committee serves in an advisory capacity to the Office of the Vice-Chancellor of RLEA in matters related to academic, research, education activities as well as planning, financial management, property and administration of RLEA.

Article 41 – Duties of the Chairperson of the Senior Management Committee

The main duties of the Chairperson of the Senior Management Committee are the following:to convene and preside over the meeting of the Senior Management Committee;to make follow-up on academic, research and education issues;to make follow-up on opinions on the draft budget proposal and submit it to the Office of the Vice-Chancellor;to make follow-up on all matters relating to the recruitment, appointment, promotion and dismissal of administrative staff and provide advice thereon;to perform any other duties falling within the responsibilities of the body.

Article 42 – Statutes governing staff of RLEA

Teaching, research and other staff members of RLEA are governed by special statutes established by a Presidential Order.

Article 43 – Organisational structure

A Prime Minister’s Order establishes the organizational structure of RLEA.

Article 44 – Fringe benefits for members the Office of the Vice-Chancellor of RLEA

Fringe benefits for members of RLEA Vice-Chancellor’s Office and other staff members of RLEA are determined by the Statutes governing them.

Chapter IV
RLEA students

Article 45 – RLEA students

A RLEA student means any person granted admission by the RLEA to take courses offered by RLEA. Conditions for admission to RLEA as well as the rights and duties of students are determined by the Internal Rules and Regulations of RLEA.

Chapter V
Property and finance of RLEA

Article 46 – Property of RLEA and its sources

The property of RLEA is comprised of movable and immovable property. It derives from the following sources:state budget allocations;State or partners’ subsidies;income from various services and activities of RLEA;donations and bequests;loans granted to RLEA approved by the Minister in charge of Finance.

Article 47 – Use, management and audit of finance and property of RLEA

The use, management and audit of finance and property of RLEA are carried out in accordance with relevant laws.

Article 48 – Approval of the budget of RLEA

The budget of RLEA is approved in accordance with relevant laws.

Article 49 – Annual financial report

Within three (3) months following the closure of the financial year, the Chairperson of the Council of RLEA submits the annual financial report to the supervising organ of RLEA in accordance with relevant laws.

Chapter VI
Miscellaneous, transitional and final provisions

Article 50 – Transfer of staff members, students and property

Modalities for the transfer to RLEA of former students of Police Academy, its staff members and property in connection with teaching are determined by a Prime Minister’s Order.

Article 51 – Compliance with contracts relating to the mission of RLEA and validity of performed actions

RLEA continues to comply with all contracts relating to the mission of RLEA entered into by Rwanda National Police with organs and organizations at the national and international level.Academic and research activities carried out by Rwanda National Police prior to the publication of this Law in the Official Gazette of the Republic of Rwanda remain valid.

Article 52 – Transitional period

Public organs and institutions to which this law applies have to comply with its provisions in a period not exceeding four (4).[article 52 substituted by article one of Law 13 of 2019]

Article 53 – Drafting, consideration and adoption of this Law

This Law was drafted, considered and adopted in Kinyarwanda.

Article 54 – Repealing provision

All prior legal provisions contrary to this law are repealed.

Article 55 – Commencement

This Law comes into force on the date of its publication in the Official Gazette of the Republic of Rwanda.
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