Rwanda
Organic Law determining the Organization, Functioning and Jurisdiction of the Supreme Court
Organic Law 3 of 2012
- Published in Official Gazette 28 on 9 July 2012
- Assented to on 13 June 2012
- Commenced on 9 July 2012
- [This is the version of this document as it was from 9 July 2012 to 10 March 2013.]
Title One
Organisation and functioning of the Supreme Court
Chapter One
Organisation, judges and personnel of the Supreme Court
Section One – Organisation of the Supreme Court
Article One – Supreme Court
The Supreme Court is the highest court in the Country. Its decisions shall not be subject to appeal save in cases of presidential pardon, opposition, application for review and application for review against a decision due to injustice.Its jurisdiction shall comprise the whole territory of the Republic of Rwanda. Its head office will be located in Kigali City.Article 2 – Composition of the Supreme Court
The Supreme Court shall be comprised of the President, the Vice-President and twelve (12) other judges, court registrars and other staff in charge of various duties of the Supreme Court.If deemed necessary, an organic law may increase or reduce the number of judges of the Supreme Court.Article 3 – Organizational structure
The following services shall be established in the Supreme Court:1°Supreme Court Registry;2°Inspectorate General of courts;3°General Secretariat.The organizational structure of the Supreme Court shall be determined by a Presidential Order, upon request by the President of the Supreme Court, after approval by the High Council of the Judiciary.Section 2 – Supreme Court judges and the personnel
Article 4 – Supreme Court judges
The President of the Supreme Court, the Vice-President and other judges of this Court shall be career judges. They shall be governed by the Law on the statute of judges and judicial personnel.Article 5 – The Supreme Court Registrars
The Supreme Court Registry Service shall be headed by the Chief Registrar assisted by other necessary registrars.The Chief Registrar of the Supreme Court and other necessary registrars of the Supreme Court shall be appointed by the President of the Supreme Court after competition and approval by the High Council of the Judiciary.The Chief Registrar of the Supreme Court and other necessary registrars of the Supreme Court shall be governed by the Law on the statute of judges and judicial personnel.Article 6 – Inspectors of courts
The Service of Inspectorate General of Courts in the Supreme Court shall be headed by the Inspector General assisted by inspectors.The Inspector General and courts inspectors shall be governed by the Law on the statutes of judges and judicial personnel.Article 7 – Personnel in the Office of the President of the Supreme Court
The personnel in the Office of the President of the Supreme Court shall be comprised of:1°Advisors to the President and Vice President of the Supreme Court;2°Legal researchers;3°Administrative Assistant to the President of the Supreme Court;4°Other staff members that may be appointed by the High Council of the Judiciary.The personnel in the Office of the President of the Supreme Court shall be governed by the Law governing the statute of judges and judicial personnel.Article 8 – Personnel of General Secretariat
The Service of General Secretariat of the Supreme Court shall be headed by a Secretary General.The Secretary General of the Supreme Court shall be assisted by staff members in charge of different duties of the Supreme Court and other courts.The Secretary General of the Supreme Court shall be appointed by a Presidential Order upon request by the President of the Supreme Court.Other staff members shall be appointed in accordance with the Law on General Statutes for Rwanda Public Service.The Secretary General of the Supreme Court and the supporting staff shall be governed by the Law on General Statutes for Rwanda Public Service.Chapter II
Functioning of the Supreme Court
Section One – Management of the Supreme Court
Article 9 – President of the Supreme Court
The Supreme Court shall be headed by the President of the Supreme Court who also chairs the High Council of the Judiciary and the judiciary branch in general.The President of the Supreme Court shall head the Judiciary with the assistance of the Bureau of the judiciary referred to in Article 14 of this Organic Law, the Court Registry, the Inspectorate General of courts and the General Secretariat.Subsection One – Responsibilities of the President of the Supreme Court in the management of the Court
Article 10 – Responsibilities of the President of the Supreme Court as the head of the Court
The President of the Supreme Court shall be responsible for the management of the Court. In general, he/she shall be in charge of issues relating to the administration of the Court, functioning and the conduct of the personnel of the Court.Particularly, the President of the Supreme Court shall:1°sign the instruments of appointment, promotion and dismissal of registrars of the Supreme Court;2°have powers to take disciplinary measures against judges of the Supreme Court in accordance with the Law governing the statute of Judges and Judicial Personnel;3°preside over court proceedings whenever he/she deems it necessary;4°every six (6) months and whenever it is deemed necessary, convene and preside over the general meeting of the staff of the Supreme Court to discuss about the functioning of the Court;5°convene a General Assembly of judges of the Supreme Court at least once every three (3) months and whenever it is necessary to discuss matters relating to justice. The quorum required for valid debates of this General Assembly shall be at least two-thirds (2/3) of its members. Decisions shall be made on absolute majority of members;6°ensure the implementation of decisions taken by the General Assembly referred to in point 5 of this Paragraph;7°submit to the General Assembly a draft of internal rules and procedure of the Supreme Court for approval;8°sign the internal rules and procedure of the Supreme Court;9°assign lawsuits to Supreme Court judges, designate benches for hearings and set hearing dates;The President of the Supreme Court shall delegate the Vice-President some of the powers conferred upon him/her by law.Article 11 – Replacement of the President of Supreme Court
In case of absence or impediment, the President of the Supreme Court shall be replaced by the Vice-President.Where the Vice-President of the Supreme Court is also absent or unavailable, the President of the Supreme Court shall be replaced by the most senior judge in the Court.In case of equality of seniority, the oldest judge shall replace the President.Subsection 2 – Responsibilities of the President of the Supreme Court presiding over the High Council of the Judiciary
Article 12 – Responsibilities of the President of the Supreme Court as the head of the High Council of the Judiciary
Responsibilities of the President of the Supreme Court as the head of the High Council for the Judiciary shall be provided for by the Organic Law determining the organization, powers and functioning of the High Council of the Judiciary.Subsection 3 – Responsibilities of the President of the Supreme Court presiding over the Judiciary
Article 13 – Responsibilities of the President of the Supreme Court as the head of the Judiciary
As the head of the Judiciary, the President of the Supreme Court:1°shall sign decisions relating to the appointment, promotion and dismissal of inspectors, judges, ordinary and commercial courts registrars according to modalities provided for by law;2°within the general interest of the judiciary or for sake of conforming the proceedings to the international jurisprudence, upon his/her own initiative or request by an accused, his/her counsel or national or foreign prosecution authority, may request the United Nations, any other international organisation or a foreign country for judicial cooperation to send judges to Rwanda and sit with Rwandan judges in cases of international and cross-border crimes committed on the Rwandan territory or abroad the transfer of which has been requested and which are referred to in the Organic Law determining the organisation, functioning and jurisdiction of courts and in the Organic Law instituting the Penal Code.Such cases shall be tried both at first instance and appeal level by at least a three (3) judge bench.Request for a judge from another country shall follow the procedure applicable to the cooperation among countries and international organizations;3°shall take decision over disputes related to jurisdiction arising between the High Court or the Commercial High Court or the Military High Court and their subordinate courts, as well as those between ordinary and specialized courts;4ºshall decide that cases finally adjudicated subject to application for review due to injustice be adjudicated anew in accordance with the provision of Article 82 of this Organic Law;5°shall publicise an annual activity report on the general functioning of the Supreme Court and all other courts in the country;6°shall issue instructions and take decisions on the functioning of all courts in the country;7ºat the approval of the General Assembly of the Supreme Court, shall enact instructions governing court procedure in cases not provided for under this Organic Law and Laws on codes of judicial procedures applicable in ordinary and commercial courts;8°upon approval by the High Council of the Judiciary, shall determine the dress code governing judges in all ordinary and commercial courts while on duties and during official ceremonies.9°shall preside over the ceremony marking the beginning of judicial year;10°shall designate the spokesperson for the Judiciary;11°shall be the head of the Bureau of the Judiciary.Section 2 – Responsibilities of organs supporting the President of the Supreme Court
Subsection One – Bureau of the judiciary
Article 14 – Establishment and the composition of the Bureau of the judiciary
There is hereby established the Bureau of the judiciary whose members are the following:1°the President of the Supreme Court;2°the Vice-President of the Supreme Court who shall be its Rapporteur;3°the President of the High Court;4°the President of the Commercial High Court.Article 15 – Responsibilities of the Bureau of the judiciary
The Bureau of the judiciary shall have the following responsibilities:1°to adopt strategies aimed at improving the functioning of courts;2°to take provisional decisions, where possible, on all urgent matters where the High Council of the Judiciary is unable to convene;3°to carry out the final performance appraisal of the judges in accordance with the Law governing the statutes of judges and judicial personnel;4°to request the High Council of the Judiciary to renew the term of office for presidents of ordinary and commercial courts appointed by that organ;5°to approve the draft budget for ordinary and commercial courts.Article 16 – Meeting of the Bureau of the judiciary and mode of taking decisions
The President of the Supreme Court shall convene meetings of the Bureau of the judiciary whenever he/she considers it necessary or at the request of other members of the Bureau.The meeting shall be held at the Head Office of the Supreme Court and shall be subject to a quorum of three quarters (3/4) of members of the Bureau of the judiciary.Decisions shall be taken upon consensus, or if not possible, by a three quarters (3/4) majority of participants in the meeting.Decisions that are taken by the Bureau of the judiciary which are ordinarily within the competence of the High Council of the Judiciary shall be validated by the High Council of the Judiciary in the first subsequent meeting. Should there be no validation, such decisions shall be considered invalid.Subsection 2 – Supreme Court registry
Article 17 – Responsibilities of the Chief Registrar
The Chief Registrar of the Supreme Court shall be responsible for coordinating the activities relating to the organisation and functioning of the Registry of courts in the country.His/her particular responsibilities shall include:1°to check admissibility requirements for lawsuits lodged to the Supreme Court;2°to assign duties to registrars of the Supreme Court;3°to monitor the general conduct of all court registrars;4°to take the necessary measures for the organization of the Registry of courts;5°to take disciplinary measures against all court registrars in accordance with the law.The Chief Registrar shall perform his/her duties under the direction and supervision of the President of the Supreme Court.The President of the Supreme Court may delegate to the Chief Registrar powers to sign some documents and decisions relating to the smooth running of the Registry of courts.Responsibilities and functioning of other registrars referred to in Article 5 of this Organic Law shall be governed by the Organic Law determining the organisation, functioning and jurisdiction of courts.Subsection 3 – Inspectorate General
Article 18 – Responsibilities of Inspector General
The Inspector General, assisted by Courts Inspectors, shall have the responsibility of carrying out inspection, supervision and coordination of ordinary and commercial courts.Particularly, he/she shall be in charge of the following:1°to carry out inspection of the functioning of ordinary and commercial courts with the exception of the Supreme Court;2°to monitor the discipline of judges and court registrars with the exception of those of the Supreme Court;3°to follow up the implementation of judicial laws and regulations;4°to check on the fairness of judgements;5°to advise on the measures to improve performance and on disciplinary measures where necessary.The Inspector General shall conduct inspection upon his/her own initiative or upon request by the President of the Supreme Court to whom he/she shall submit the report.The Inspector General, through the President of the Supreme Court, shall file cases of suspected judges and court registrars with the High Council of the Judiciary after submitting a report.Subsection 4 – General Secretariat
Article 19 – Responsibilities of the Secretary General
The Secretary General of the Supreme Court shall be the Chief Budget Manager of the Judiciary.He/she shall also be responsible for the following:1°to co-ordinate all administrative and technical activities of courts;2°to ensure management of finances and assets of ordinary and commercial courts;3°to implement the policy of the Judiciary as well as its strategies and plans;4°to ensure technical cooperation with other public institutions;5°to manage court supporting services;6°to take the necessary measures that are within his/her duties and relating to courts administration;7°to prepare a draft budget for ordinary and commercial courts.While on duties, the Secretary General shall work under the supervision of the President of the Supreme Court and shall report to the latter with regard to his/ her responsibilities.The President of the Supreme Court may delegate to the Secretary General powers to sign certain documents and decisions relating to his/ her responsibilities.Article 20 – Administrative and financial autonomy
The Judiciary shall have administrative and financial autonomy.Section 3 – Court proceedings at the Supreme Court
Article 21 – Screening cases
All cases subject to appeal or application for review before the Supreme Court shall be screened in accordance with modalities and procedures under this Organic Law.Article 22 – Composition of the bench of the Supreme Court
The bench of the Supreme Court shall be composed of three (3) judges assisted by a Supreme Court registrar. The number of judges may be increased to an odd number of more than three (3) judges, depending on the importance which the President of the Supreme Court gives to the case.Section 4 – Relations between the Supreme Court and other courts
Article 23 – Administration of Courts
The Supreme Court shall administer ordinary courts and commercial Courts established in accordance with the Constitution of the Republic of Rwanda.In this regard, the Supreme Court shall have the following responsibilities:1°to ensure the proper functioning of courts and issue proper directives related thereto;2°to organise a recruitment exercise for court registrars and other personnel of courts;3°to ensure that judges, registrars and other courts employees are duly sworn in save for those sworn in before the President of the Republic;4°to prepare files to be considered by the High Council of the Judiciary;5°to determine the format of documents used by courts.Section 5 – Relations between the Supreme Court and other public institutions
Article 24 – Submission of judicial reform proposal to the Government
With respect to organisation of the Judiciary, the Supreme Court may submit to the Government any judicial reform proposal for public interest.Article 25 – Consulting organ
The Supreme Court shall be consulted by the Government or the Parliament on any judiciary-related matter.The advisory opinion furnished by the Supreme Court to Government or Parliament shall not constitute an irrevocable counsel unless the law expressly provides so.Article 26 – Requests for information on functioning of courts
All Parliament or Government requests relating to matters concerning ordinary and commercial courts shall be addressed to the President of the Supreme Court.Article 27 – Execution of judgments
The execution of court judgments shall be the responsibility of the staff of the executive branch, or any other person authorised to do so by the law.Title II
Jurisdiction of the Supreme Court
Chapter One
Ordinary jurisdiction
Article 28 – Jurisdiction as an appellate Court
The Supreme Court shall have appellate jurisdiction over cases heard and decided in the first instance by the High Court, the Commercial High Court or by the Military High Court.The Supreme Court shall also have appellate jurisdiction over cases heard and decided in the second instance by the High Court, the Commercial High Court or by the Military High Court if such cases:1°may constitute a threat to national security;2°are based on non-existing law, repealed legal provisions or decided by a court that does not have jurisdiction;3°are based on evidence and submissions presented to court after the closure of hearings yet no application to reopen the matter was made;4°are tried by a bench which is not composed by a number required by law;5°have verdict that are delivered by a judge who did not take part in the proceedings of the case;6°were not tried in public and no order for in camera proceedings was granted;7°involve a judgment in respect of which there was an award of damages of at least fifty million Rwandan francs (Rwf 50,000,000), or when the value of the case, as determined by the judge in case of a dispute, is at least fifty million Rwandan francs (Rwf 50,000,000);8°lead to life imprisonment or life imprisonment with special provisions;9°lead to a term of imprisonment of at least ten (10) years where the judge pre-screening the case found that there was serious violation of legal provisions or serious irregularities that caused injustice.In criminal cases, only the penalty that has been provided for shall determine the competence of the Supreme Court.In other cases, the amount of money, the value of subject-matter of the dispute and the value of the contract shall be based upon while determining whether such cases fall within the jurisdiction of the Supreme Court in accordance with the provisions of item 7 of Paragraph 2 of this Article.However, a case lost by a party to proceedings in the first and second instances based on similar grounds shall not be appealed for to the Supreme Court.Chapter II
Special jurisdiction
Article 29 – Other jurisdiction
The Supreme Court shall also have the following jurisdiction:1°trying the President of the Republic on charges of treason or grave and deliberate violation of the Constitution;2°hearing petitions on the constitutionality of international treaties and agreements, organic laws, laws and decree-laws;3°hearing election petitions relating to referendum, presidential and legislative elections;4°hearing cases in first and last instances with regard to the decision of expelling a Senator or a Deputy from Parliament or from a political organization;5°resolving upon request, disputes arising between State organs in their respective responsibilities;6°declaring vacant the office of the President of the Republic in case of the incumbent President’s death, resignation or conviction and sentence for treason or grave and deliberate violation of the Constitution;7°administering the oath of office taken by the President of the Republic;8°administering the oath of office taken by Chief Gender Monitor and Deputy-Chief Gender Monitors, Commissioners to national commissions, Registrars of Land Titles and other officials as determined by the law;9°providing authentic interpretation of unwritten custom where written laws are silent;10°hearing petitions for review of final cases adjudicated by the Supreme Court;11°hearing petitions for review due to injustice of cases definitely decided by the Supreme Court or other Courts;12°resolving contradictions that arise among judgement decisions at the last instance;13°receiving applications from former Presidents of the Republic requesting for senatorial seat;14°adjudicating in the first and last instance disputes relating to the application of Articles 82 and 83 of the Constitution about the composition of the Senate and requirements for membership of the Senate;15°approving the list of senatorial candidates save for those appointed by the President of the Republic;16°providing advice on authentic interpretation of laws before such interpretation is made by both Chambers of the Parliament in a joint plenary sitting;17°making a final decision on the disputes relating to results of the presidential elections;18°other powers that may be entrusted to the Supreme Court by law.Article 30 – Jurisdiction of the Supreme Court to try high ranking officials with trial privileges
The Supreme Court shall have exclusive jurisdiction to try in criminal cases, in the first and last instance, the President of the Republic, the President of the Senate, the Speaker of the Chamber of Deputies, the President of the Supreme Court and the Prime Minister.The Supreme Court shall also have jurisdiction to try their co-offenders or accomplices.The bench shall be comprised of at least nine (9) judges.However, the President of the Republic shall not, while still in office, be subject to investigation and prosecution for crimes he/she has committed until both Chambers of Parliament have in joint session resolved to charge him/ her by a majority vote of two-thirds (2/3) of the members of each Chamber.Title III
Trial procedures in the Supreme Court
Chapter One
Common provisions to civil, commercial, social, administrative and criminal proceedings
Section One – Appellate and opposition procedures
Article 31 – Opposition procedure
A case may be subject to opposition where a defendant did not appear before the court during the trial proceedings. In that case ordinary proceedings shall be applicable.Article 32 – Appeal
Judgments rendered in the first instance by the High Court, the Military High Court and the Commercial High Court may be appealed against before the Supreme Court. Judgements rendered in the second instance by such courts shall also be appealable before the Supreme Court if they meet the requirements provided for by Article 28 of this Organic Law.Article 33 – Review of a court decision
Final judgements rendered by the Supreme Court may be subject to review in the same court in accordance with legal provisions governing judicial proceedings.The Supreme Court may undertake a review due to injustice on final judgements rendered by the Supreme Court itself or other courts. The procedure shall be conducted in accordance with the provisions of this Organic Law.Section 2 – Considering the admissibility of appeal, screening and preparation of cases on appeal
Subsection One – Considering the admissibility of appeal
Article 34 – Powers of the Chief Registrar of the Supreme Court
The Chief Registrar of the Supreme Court shall check whether the appeal is admissible before it is recorded in court registers. He/she shall not register a lodged appeal in the event of:1°no payment of court fees;2°delay in submitting the appeal;3°second appeal on summary procedure and ex parte application;4°second appeal against provisional detention;5°appeal against the decision taken after disputes arising from the judgment execution;6°appeal against a decision to strike off an expired case;7°request to re-introduce an appeal after it has been struck off;8°appeal on court decision confirming its jurisdiction over a case;9°appeal in the Supreme Court in cases that originate from Primary Courts;10°appeal on interlocutory judgment which is not ruled together with the final judgment;11°appeal on case review;12°appeal against a final judgment;13°lack of capacity or interest to file a lawsuit;14°a case which does not fall under the Supreme Court jurisdiction.Article 35 – Contesting a decision of the Chief Registrar of the Supreme Court
If one party is not satisfied with a decision of the Chief Registrar of the Supreme Court, he/she shall complain to the President of the Supreme Court in writing stating the grounds of his/her complaint.The inadmissibility order of the claim by the President of the Supreme Court or the Chief Registrar of the Supreme Court shall be in line with the organisation of the functioning of courts. Such an order shall be in writing stating the grounds on which it was drawn.Subsection 2 – Screening of cases
Article 36 – Screening of cases
Where the President of the Supreme Court finds the complaint from the applicant sound, he/she shall designate a single (1) judge or a bench of many judges in accordance with the nature and the importance of the case.The decision taken shall state grounds and shall not be subject to appeal.Subsection 3 – Recording cases in court registers
Article 37 – Case registration
Where the Chief Registrar finds out that the complaint is admissible in the Supreme Court, or when the President of the Supreme Court or the case screening bench establishes such admissibility, the complaint shall be registered in the relevant case register. Other proceedings shall be governed by legal provisions relating to court procedures.Subsection 4 – Trial processing
Article 38 – Preparation of a case file
After the case file is submitted by the Chief Registrar to the President of the Supreme Court, the latter shall set the date for hearing the substance of the case and determine the bench of judges who shall hear the case. The President shall also designate among judges making up the bench, one (1) judge to be the rapporteur for the case.Article 39 – Submission of case file
The judge who has been designated as a judge-rapporteur shall request the Chief Registrar of the Supreme Court to give him/her a complete case file appealed against.After examining the case file, he/she shall compile a report upon completion of which he/she submits the case file to the presiding judge.The report of the judge-rapporteur shall inter alia indicate the nature of the dispute in concise terms, the grounds on which the decision being appealed against was based and the appellant’s grounds of appeal.Where the judge-rapporteur is unable to study the case file due to circumstances beyond his/her control, the President of the Supreme Court shall replace him/her with another judge.Article 40 – Keeping case records
Upon completion of consideration by the judge-rapporteur, all records linked to a case shall be kept in the case file in the registry of the Supreme Court. Those records shall be available for consultation upon request by the parties to the appeal or their counsel.Article 41 – Summoning of parties
Parties to the proceedings or their counsels shall be notified of the date of the hearings and served with summons to appear in accordance with the ordinary rules of procedure relating to summons in other courts.However, the bench responsible for screening cases shall decide on the basis of court records without summoning the parties.Article 42 – Representation before the Supreme Court
It shall be mandatory for an appellant before the Supreme Court to be represented by a counsel. An appellant shall present his/her appeal’s arguments in writing.Other parties in Supreme Court shall be also represented by a counsel.However, where the appellant or other parties to the proceedings in the Supreme Court cannot afford the payment of the counsel, an application for free legal assistance shall be made to the President of the Supreme Court. If the President concedes to the request, his/ her decision shall be communicated to the President of the Bar Association who shall appoint a counsel to represent the applicant.A person applying for free legal assistance shall be required to provide proof of indigence.Article 43 – Conducting hearings
Hearings in the Supreme Court shall be conducted in accordance with the following procedure:1°the presiding judge shall announce the commencement of the hearing;2°the court registrar shall announce the subject matter of the case and the names of the parties;3°the judge-rapporteur shall present his/ her report;4°the presiding judge shall request the appellant or his / her counsel to explain the grounds of appeal and the respondent similarly shall present his/her defence to appeal;5°those who have questions to ask or clarification to make shall proceed;6°the presiding judge shall ask parties if they have any declarations to add to their pleadings and declare the hearing closed and announce the date on which judgement will be pronounced.Article 44 – Prohibition from filing a complaint on a struck off appeal
An appeal that was struck off by the Supreme Court shall not be reinstituted in that court.Article 45 – Investigations and temporary relocation of court
The Supreme Court shall conduct inquiries or field visits. However, it shall not relocate to a place other than its seat for the purposes of making deliberations.Article 46 – Deliberations
Deliberations of judges shall be conducted in secrecy in the meeting room not later than one day after the hearing.Decisions shall be taken on the basis of a majority vote; in case the bench is composed of more than one judge. The presiding judge shall initiate the debate. The most junior judge shall be given an opportunity to give his/ her opinion first, followed by others in an ascending order of their seniority and the presiding judge shall close down the debate.Where the debate gives rise to several diverging opinions and the required majority cannot be achieved, there shall be a revote. If the required majority is not achieved on the third (3rd) round of voting, the presiding judge shall notify the President of the Supreme Court who invites another judge to join the debate. The new judge shall be obliged to side with one of the two (2) most dominant opinions already held by his / her peers on the bench.However, a judge or judges who do not agree with the majority opinion shall write their dissenting opinions which form part of the judgment after the signature of the members of the bench.Article 47 – Judgements of the Supreme Court
Judgements of the Supreme Court shall be delivered in public and entirely in writing, not later than one (1) month after the conclusion of the hearing, unless otherwise provided in this Organic Law.They shall state the grounds and the legal provisions which have been applied and shall mention the following:1°names of the parties, their occupations and residence and names of their counsels;2°the subject matter of the case;3°grounds of the appeal and the respondent’s defence;4°names of the judges on the bench;5°the fact that the case was heard and judgement delivered in public.The judgement shall be signed by the presiding judge, other judges on the bench and court registrar who participated in the proceedings during the delivery of a judgement.Disciplinary measures shall be taken against judges who, without justifiable reasons, fail to deliver judgments within the time prescribed in Paragraph One of this Article.The President of the Supreme Court through an Order shall determine the form and style in which judgements shall be written.Judgements and decisions of the Supreme Court shall be binding on all other courts of the country.Article 48 – Applications to rectify or interpret a judgement of the Supreme Court
Without prejudice to Article One of this Organic Law, a case decided by the Supreme Court shall not be retried save only for the purpose of rectifying an error apparent on the record or clarifying a decision which is ambiguous or susceptible to divergent interpretations.The rectifying or interpretative decision shall be heard by the bench of judges which delivered the first judgement. Where it is not possible to reconstitute the same bench, the application shall be heard by a different bench designated by the President of the Supreme Court.Article 49 – Publication of judgements
Judgments of the Supreme Court shall be published in the Official Gazette of the Republic of Rwanda upon the decision of the President of the Supreme Court.Article 50 – Judgement recording
Judgments of the Supreme Court shall be recorded in a register established for this purpose. They shall be kept in the case file in the Registry of the Supreme Court.Article 51 – Issuing copies of judgments
Copies of judgments of the Supreme Court shall be issued by the Chief Registrar and bear the seal of the Court.An authentic copy of the judgments shall be issued with an enforcement formula seal only if it is intended for use in execution of the judgment.Article 52 – Notification of judgments of the Supreme Court
Judgments of the Supreme Court shall be notified to the parties by a court registrar and bailiffs in accordance with applicable procedures for notification of judicial documents.Chapter II
Special proceedings
Section One – Procedures for ensuring the constitutionality of laws, treaties and international agreements
Article 53 – Petitions seeking to confirm unconstitutional a treaty, an international agreement or a law
The Supreme Court shall have jurisdiction over petitions seeking to declare unconstitutional a treaty or an international agreement.The Supreme Court shall also hear petitions regarding the partial or complete repealing of an organic law, an ordinary law, or a decree-law on account of non-conformity with the Constitution.The case shall be referred to the Court by a petition in writing filed by any individual or legal entity having an interest in the subject matter.Article 54 – Requirements for acceptance of a petition seeking to confirm unconstitutional a treaty, international agreement or law
A petition to declare unconstitutionality of a treaty or international agreement or to repeal an organic law, ordinary law or decree-law shall bear the date and signature of the petitioner.It shall also indicate the subject matter of the petition as well as the grounds for the petition for the repealing of the organic law, ordinary law or decree-law.The petitioner shall attach to the petition a copy of the relevant treaty or international agreement, organic law, ordinary law or decree-law, and its annexes, if any.Article 55 – Fixing of date of the hearing and determining bench of judges
Upon receipt of a petition, the Chief Registrar of the Supreme Court shall register it in the relevant register and thereafter submit the case file to the President of the Supreme Court to fix the date for the hearing and determine the bench of judges to hear the petition and a judge-rapporteur from among the judges on the bench.The judge-rapporteur shall make a report upon completion of which he/she shall submit the case file to the presiding judge.Article 56 – Hearing of petitions on constitutionality of a treaty, international agreement or law
Hearing of petitions seeking to declare unconstitutionality of a treaty or an international agreement or to repeal unconstitutional organic law, ordinary law or decree-law shall be conducted in an open court and in the presence of a Government’s representative.The bench shall be composed of at least nine (9) judges.Article 57 – Repealing of a law or its provisions
When the Supreme Court finds the petition seeking to repeal an organic law, ordinary law or decree law which is inconsistent with the Constitution sound, it shall repeal the whole or part of the law which is inconsistent with the Constitution depending on substance of the petition.When the Supreme Court repeals part of the law or a provision, it may complete the remaining part of the text or Article with the view to ensure its conformity with the Constitution and to avoid legal loopholes.The supplementary text shall remain valid until the concerned law is amended.However, if the Supreme Court decides to repeal the entire law, it shall not be allowed to replace it with another law.Where the Supreme Court finds that a treaty or an international agreement is inconsistent with the Constitution, it shall state such unconstitutionality through its decision.The Supreme Court decisions referred to in Paragraphs One, 2 and 5 of this Article shall be notified in writing to the Parliament and the Executive.Where the Supreme Court finds that the petition is not well founded or that the case is not within its jurisdiction, it shall declare it inadmissible or not in its jurisdiction.Article 58 – Force of a decision meant to repeal a law or confirm that a treaty or international agreement is inconsistent with the Constitution
A decision repealing an organic law, ordinary law or decree-law because of being inconsistent with the Constitution or a decision stating inconsistency with the Constitution of a treaty or international agreement referred to in Article 57 of this Organic Law, shall not be subject to appeal. It shall have the force of law and shall be published in the Official Gazette of the Republic of Rwanda within one (1) month of its delivery.Article 59 – Not reviewing cases that were definitively decided on the basis of an unconstitutional treaty or an international agreement or a repealed law
A final decision of a case on the basis of a treaty or an international agreement which the Supreme Court subsequently declared inconsistent with the Constitution or on the basis of an organic law, a law or a decree-law which were subsequently repealed by the Supreme Court shall not be reviewed on the basis of such a decision of the Supreme Court.Article 60 – Case arising from an unconstitutionality of a treaty, international agreement or law in hearing of a case
When a dispute arises as to the conformity of any treaty, international agreement or an organic law, law or decree-law with the Constitution during the process of conducting the hearing of cases relating to matters other than declaring the unconstitutionality of a treaty or an international agreement or an organic law, law or decree-law, the Supreme Court first shall dispose of the constitutional issue as an interlocutory matter before hearing the substance of the main case.Where such a constitutional issue is raised by parties or upon initiative during hearings before the subordinate courts, the proceedings before the subordinate courts shall stop and the constitutional issue shall be referred to the Supreme Court for a ruling.Referral of a constitutional issue to the Supreme Court for a ruling shall stop all court procedures, the time set for instituting cases and prescription until the decision of the Supreme Court is communicated to the subordinate court with the main case.However, a subordinate court with the main case shall not be obliged to stop proceedings and wait for the ruling of the Supreme Court on the constitutional issue if it is of the opinion that the case is inadmissible on grounds unrelated to the constitutional issue or the judge hearing the case is of the opinion that the decision of the Supreme Court will not in any event affect the outcome of the main case. The decision not to stay proceedings shall only be appealed against simultaneously with an appeal against judgment in respect of the main case.Article 61 – Time limits for resolving of an unconstitutional matter by the Supreme Court during proceedings
Where unconstitutionality of any treaty, international agreement or an organic law, law or decree-law was noticed during the process of hearing the main case by a subordinate court is referred to the Supreme Court for ruling, the Supreme Court shall be required to make a ruling on the matter within one (1) month of receiving such an issue and notify the subordinate court seized of the main case of its ruling on the constitutional matter within a period not exceeding seventy two (72) hours.The Court which hears the main case is bound by the ruling served by the Supreme Court on the matter.Section 2 – Procedures for declaring vacant the office of the President of the Republic
Article 62 – Declaration by the Supreme Court that the office of the President of the Republic is vacant
In the event of death, resignation, sentence for treason or serious and deliberate violation of the Constitution or permanent incapacity of the President of the Republic, the two Chambers of Parliament meeting in a joint session shall, upon a two-third (2/3) majority of members to each Chamber, petition the Supreme Court to declare the office of the President of the Republic vacant.The petition seeking a declaration of the vacancy of the office of the President of the Republic shall include all necessary evidence to prove the existence of the facts referred to in Paragraph One of this Article.Article 63 – Record of the case in the relevant register
Upon receipt of the petition seeking a declaration of the vacancy of the office of the President of the Republic, the Chief Registrar of the Supreme Court shall record it in the relevant register and submit the case file to the President of the Supreme Court who shall fix the date of the hearing and designate the bench of judges to hear the petition. The President of the Supreme Court shall designate a judge-rapporteur from among the judges on the bench.The judge-rapporteur shall produce a report upon completion of which he/she shall submit the case file to the presiding judge.Article 64 – Declaration of the vacancy of the office of the President of the Republic
Within a period not exceeding five (5) days from the date on which the Supreme Court received the petition seeking a declaration that the office of the President of the Republic is vacant, the Supreme Court shall make a ruling on the petition, setting out the grounds for its decision and, in the event that its ruling confirms the vacancy of the office of the President of the Republic, determining the procedure for succession, in accordance with the Constitution. Such a decision shall be binding.In such a case, hearings shall be conducted in open court and based on documents only. The bench shall be made up of at least nine (9) judges.Section 3 – Procedures in respect of petitions relating to referendum and presidential and parliamentary elections
Article 65 – Petitions relating to referendum and presidential and parliamentary elections
Jurisdiction in respect to petitions relating to referendum, presidential and parliamentary elections shall be vested in the Supreme Court.Article 66 – Right to petition the Supreme Court
The right to petition the Supreme Court shall be limited to citizens, candidates, political organizations or the National Electoral Commission.Petition relating to elections shall not be subject to the payment of court fees. It shall be received with acknowledgement of receipt, and the President of the Supreme Court shall notify the President of the National Electoral Commission and the Minister in charge of elections.Article 67 – Petitions with regard to election related disputes
In the event of a dispute relating to the registration of candidates for election to the office of President of the Republic or member of Parliament, the fairness of such elections or the conduct of presidential, parliamentary or referendum elections, parties referred to in Article 66 of this Organic Law may, within forty-eight (48) hours from the time the list of candidates or provisional election results are published, petition the Supreme Court seeking to strike off a decision prejudicial to their interest or nullification of election results.Article 68 – Procedure for filing a petition
A petition to the Supreme Court shall be in writing and shall bear the date of the petition and the signature of the petitioner or his/her counsel. The petitioner shall retain a copy of the petition to the National Electoral Commission. It shall indicate the petitioner’s full names and address as well as clear grounds on which the petition for nullification of the contested election or decision is based.The petitioner shall attach supporting evidence to the petition.The filing of a petition shall not have the effect of stopping the implementation of the outcome of the contested election or decision. The successful candidate shall remain in office until the petition is finally resolved.Article 69 – Preparation of case file for adjudication
Upon receipt of the petition, the Chief Registrar of the Supreme Court shall record it in the relevant register and submit the case file to the President of the Supreme Court to fix the date for the hearing and determine the bench of judges to hear the petition. The President of the Supreme Court shall designate a judge-rapporteur from the judges on the bench.The judge-rapporteur shall make a report on the case upon completion and submit the case file to the Presiding judge.Article 70 – Notification of the petition
After the Supreme Court has reviewed the petition, the President of the Supreme Court shall inform the concerned parties or their counsel of the date on which they shall be informed about the evidence included in the case file, and it shall be done in the court registry. He/she shall inform them of the time limit for their submissions.Those concerned with the petition may get, upon payment, copies of evidence existing in the case file.Article 71 – Public hearing
Petitions relating to presidential, parliamentary as well as referendum elections shall be conducted by the Supreme Court in public.Decisions in election petitions shall be based on documents only. The bench shall be constituted of at least nine (9) judges.Article 72 – Decisions on a petition
When the Court finds the petition well founded, it may, depending on the circumstances of the case, decide to nullify the contested decision or election or change the results of the elections.Where the Supreme Court finds out that the grounds on which the petition was filed can result into changing the elections results, it shall make the ruling as to the cancellation of such elections and declare that new elections be organized within ninety (90) days from the date on which the cancelled elections were held.Where the Supreme Court finds out that the grounds on which the petition was filed cannot result into nullifying the elections, it shall correct identified mistakes in not later than five (5) days from the date on which the decision is made.Where the petition does not comply with the conditions under Article 68 of this Organic Law, the Supreme Court shall decide setting out the grounds for declaring the petition inadmissible.The inadmissibility of a petition shall confirm that provisional results announced by the National Electoral Commission conform to the reality.Article 73 – Justification and notification of the decision made
The Supreme Court shall make a decision within five (5) days from the date it received the petition. Its decision shall be justified and notified to the petitioner or his/her counsels, the President of the National Electoral Commission and the Minister in charge of elections.Section 4 – Hearing petitions concerning the decision to expel a Deputy from the Chamber of Deputies or political organization or Senator from the Senate
Article 74 – Filing of a petition
Any Deputy who is discontented with the decision to expel him/her from the Chamber of Deputies or political organization and a Senator who is discontented with the decision to expel him/her from the Senate shall file a petition with the Supreme Court to annul such a decision.The petition before the Supreme Court shall be filed in writing within five (5) working days from the date on which such a decision was announced to the petitioner.The petition provided under Paragraph One of this Article shall be dated and signed by the petitioner. It shall state the decision contested and the grounds for the petition.The petitioner shall attach to his/her petition a copy of the decision taken against him/her in case of a written decision.Article 75 – Setting the date for the hearing and designating the bench
The Chief Registrar of the Supreme Court shall, after receipt of the petition, record it in the relevant register and send the file to the President of the Supreme Court who shall set the date for the hearing, determine the bench and designate a judge-rapporteur from among members of the bench.The designated judge-rapporteur shall submit to the presiding judge the case file and the report made.Article 76 – Hearing of the petition
The hearing of the petition concerning the decision to expel a Deputy from the Chamber of Deputies or political organization, or a Senator from the Senate shall be in public. The Court shall only rule on the basis of the parties’ submissions.The Court shall rule on the petition within fifteen (15) days from the date of receipt of the petition by the Court.The bench shall be composed of at least five (5) judges.Article 77 – Decision of the Supreme Court
When the Court finds that the grounds stated by a petitioning Deputy or Senator are well-founded, it shall nullify the decision to expel him/her and restore the latter’s rights.When the Court finds that the petition is not founded, it shall declare it baseless and uphold the decision.The Supreme Court shall make at the first and final instances the ruling over petitions provided under this Section. The rulings of the Supreme Court shall not be subject to appeal.Section 5 – Review of a final decision due to injustice
Article 78 – Court having jurisdiction over applications for review of a final decision due to injustice
The Supreme Court shall have exclusive jurisdiction over applications for review of final decisions due to injustice upon approval of the President of the Supreme Court.Article 79 – Procedure for petitioning the Supreme Court over applications for review of a final decision due to injustice
The Office of the Ombudsman shall be the competent organ to petition the Supreme Court over application for review of a final decision due to injustice.When, the final decision is made and there is evidence of injustice referred to under Article 81 of this Organic Law, parties to the case shall inform the Office of the Ombudsman of the matter.When the Office of the Ombudsman finds that there is no injustice in handing down the decision, it shall inform the applicant.When the Office of the Ombudsman finds that the decision handed down is unjust, it shall send to the President of the Supreme Court a letter accompanied by a report on the issue and evidence of such injustice and request to re-adjudicate the case.The President of the Supreme Court shall decide on the basis of the report of the General Inspectorate of Courts.Application for review of a final decision due to injustice shall not be subject to screening.Article 80 – Decision of the President of the Supreme Court on the report of the General Inspectorate of Courts
After considering the report of the General Inspectorate of Courts, the President of the Supreme Court shall decide that the case be re-adjudicated, he/she shall send the file to the Chief Registrar of the Supreme Court for recording it in the relevant registry, and he/she shall set the date of hearing and determine the bench. He/she shall also designate from among the members of the bench a judge rapporteur. The designated judge-rapporteur shall submit to the presiding judge the case file and the report.If the President of the Supreme Court considers that the case will not be re-adjudicated, he/she shall notify the Office of the Ombudsman. This shall be done regardless of the time limit and grounds required to apply for review.Article 81 – Grounds for application for review of a final decision due to injustice
The review of a final decision due to injustice shall only be applied for on any of the following grounds:1°when there is unquestionable evidence of corruption, favoritism or nepotism that were relied upon in the judgment and that were unknown to the losing party during the course of the proceedings;2°when there are provisions and irrefutable evidence that the judge ignored in rendering the judgment;3°when the judgment cannot be executed due to the drafting of its content.However, the party entitled to other ordinary and extraordinary procedures to appeal who did not exercise this right within the time limit prescribed by law shall not be entitled to invoke the provisions of this Section to apply for review of a decision of the case he/she lost.Article 82 – Hearings of applications for review of a final decision due to injustice
The hearing of application for review of a final decision based on injustice shall be in public and in the presence of the parties.The bench shall be composed of at least three (3) judges. However, when the decision subject to application for review was rendered by the Supreme Court, the bench shall be composed of at least five (5) judges, those who made the verdict being excluded.Article 83 – Decision taken on the application for review of a final decision
When the Supreme Court finds that the decision which was made is unjust, it shall correct errors made in the judgment and provide legal guidance to correct such errors. The decision made shall not be subject to any procedure of appealArticle 84 – General provisions relating to application for review of a final decision due to injustice
The summoning of parties, the hearing and the rendering of decisions for cases subject to application for review that are not provided under this Section shall be conducted in accordance with laws applicable to ordinary cases under the jurisdiction of the Supreme Court.Article 85 – Execution of judgments
A review of a final decision due to injustice shall not suspend the execution of the judgment.Title IV
Transitional and final provisions
Article 86 – Review due to injustice of final decisions made before the publication of this Organic Law
Final decisions made before the publication of this Organic Law in the Official Gazette of the Republic of Rwanda shall be subject to application for review due to injustice in accordance with the provisions of Article 81 of this Organic Law.Such decisions shall be the following:1°final decisions alleged to be unjust made after the establishment of the Office of the Ombudsman in 2003, whether executed or not which shall be referred to the Office of the Ombudsman within one (1) year as of the publication of this Organic Law in the Official Gazette of the Republic of Rwanda;2°final decisions of ordinary, commercial and military courts alleged to be unjust that have been referred to various organs which shall be referred to the Office of the Ombudsman within six (6) months as of the publication of this Organic Law in the Official Gazette of the Republic of Rwanda.Provisions of this Article shall not be applied to the decisions of Gacaca Courts.Article 87 – Pending cases before the Supreme Court
All cases that were filed with the Supreme Court before 2004 judicial reform shall be transferred to the courts with the jurisdiction to hear such cases.All appeals that were instituted in the Supreme Court, but which are no longer in its jurisdiction according to the provisions of this Organic Law shall continue to be heard at the last instance by the Supreme Court in accordance with the legal provisions governing judicial procedure and jurisdiction of courts that were in force at the time the appeals were lodged with the Supreme Court.Article 88 – Application of laws governing the procedure of ruling over petitions on election and constitutionality issues
With regard to matters not provided for in this Organic Law relating to proceedings in petitions on election matters as well as the constitutionality of treaties or international agreements and laws, the rules of procedure governing ordinary cases before the Supreme Court shall apply.Article 89 – Application of the rules of procedure governing proceedings before other ordinary courts
With regard to matters not provided for in this Organic Law relating to rules of procedure applicable to proceedings before the Supreme Court, the rules of procedure governing proceedings before other ordinary courts shall apply.Article 90 – Drafting, consideration and adoption of this Organic Law
This Organic Law was drafted, considered and adopted in Kinyarwanda.Article 91 – Repealing provisions
Notwithstanding the provisions of Article 87 of this Organic Law, Organic Law n° 01/2004 of 29/01/2004 establishing the organization, functioning and jurisdiction of the Supreme Court as modified and complemented to date as well as all other prior legal provisions contrary to this Organic Law are hereby repealed.Article 92 – Commencement
This Organic Law shall come into force on the date of its publication in the Official Gazette of the Republic of Rwanda.History of this document
11 March 2013 amendment not yet applied
09 July 2012 this version
Commenced
13 June 2012
Assented to