Ministerial Order determining the Functioning and Relationship between the Council of Bureau and Executive Committee


Rwanda

Ministerial Order determining the Functioning and Relationship between the Council of Bureau and Executive Committee

Ministerial Order 2 of 2006

The Minister of Local Government, Good Governance, Community Development and Social Affairs;Given the Constitution of the Republic of Rwanda of June 4, 2003 as amended to date, especially in its articles 120, 167 and 201;Given Law n°10/2006 of 03/03/2006 establishing the organisation and functioning of the City of Kigali, especially in its articles 17 and 108;Given law n°08/2006 of 24 February 2006 establishing the organisation and functioning of the District, especially in its article 12;After consideration and approval by the Cabinet meeting in its session of 14 June 2006;HEREBY ORDERS:

Article One

This order determines the functioning and relationship between the Council bureau and the Executive Committee.

Article 2

After the District and City of Kigali Council members have been elected and sworn in, they shall elect amongst themselves the Council Bureau comprising of three persons, namely the President, Vice-President and the Secretary.The election of the members of the Bureau shall be conducted by secret ballot in accordence with absolute majority vote of members of the Council present.

Article 3

The Bureau shall prepare the agenda for District Council meetings. The Executive Committee may request the Bureau, in writing, to include on the agenda any item concerning the District.If the Executive Committee wishes to include an item on the Council meeting agenda, the request shall be made to the Council Bureau President, in writing, at least seven days before the meeting convenes.If that item is not icluded on the agenda, the Council Bureau President shall inform the Executive Committee, in writing, the reason why such decision was taken. In the case the Executive Committee is not satisfied with reasons given, it shall forward the case to the Council which shall make the final decision. If the item in question is not argent it shall be examined in the following meeting.

Article 4

Decisions taken by the Council shall be communicated to the Executive Committee at that level.

Article 5

A permanent employee shall assist the Council to discharge its obligations. Such person shall be an employee of the District and is answerable to the Council Bureau. He/she must have a minimum qualification of university degree. He/she shall be recruited by the Council through public competition and shall have the rank of a prefessional civil servant in City of Kigali or District administration and shall be entitled to all benefits commensulate to that post.

Article 6

Responsiblities of the Council permanent employee:1.Analyse Council reports and submit their summary to the Bureau including his/her analysis on such reports;2.Assist the Bureau to prepare Council meetings;3.Shall be rapporteur of the Council meetings;4.Prepare, write and file letters addressed to or from the Council Bureau members as the case maybe;5.Prepare the Council recurrent budget;6.Prepare monthly, quarterly and annual reports on the utilisation of Council budget and submit it to the Executive Secretary at that level;7.Carry out other duties that may be assigned by the Bureau.

Article 7

The Council shall approve the replacement of any member of the Executive Committee if two-thirds (2/3) of the Council members consent.

Article 8

The District or City of Kigali Mayor shall represent the Government. In collaboration with other Council members, he/she shall be responsible for the daily administration of the District or City of Kigali.

Article 9

Members of the Bureau are prohibited from interfering in the daily duties of the Council. However members of the Council Bureau may summon, in writing, one or all the Council members to give explanations on various issues during the Council meetings.

Article 10

Members of the Council Bureau shall be allocated an office at the District Headquarters or City of Kigali, as the case maybe, where they shall all work from.When necessary and after consultations with the Council, the Council Bureau may operate in any other office not necessarily located at District headquarters or City of Kigali but such office must be nearby and within easy reach.

Article 11

The Council Bureau shall convene once a month. Council Bureau members shall be given a sitting allowence once a month even if they attend Bureau meetings more than once.

Article 12

The Council shall submit, monthy, quarterty or annual action plan and report to the District or City of Kigali Council as the case maybe.

Article 13

With exception of Bureau, other Council members shall sit in alpfabetical order of letters starting their surnames whenever the Council meeting convenes.

Article 14

In case of a problem, not provided for in this order, the Council Bureau and the Executive Committee shall determine ways and neans of resolving it which shall be approved by the Council in accordence with laws and regulations governing the country.

Article 15

The Council Bureau and the Executive Committee may convene a meeting together to resolve urgent problems facing the District or City of Kigali. Resolutions taken in such meeting shall be submitted to the next Council meeting for scrutiny and approval. In such case the meeting shall be chaired by the Council President.Resolutions adopted in such meetings shall be copied to the Provincial Governor or City of Kigali Mayor, as the case maybe, or the Minister having Local Government in his/her attributions if those organs have met at City of Kigali level.

Article 16

All legal provisions contrary to this order are hereby abrogated.

Article 17

This order comes 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

15 September 2006 this version
09 February 2006
Commenced