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| Title 1. ORGANISATION AND FUNCTIONING | |
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| Chapter 1. GENERAL PROVISIONS | |
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| : 1 | | This organic law determines the organisation, functioning and jurisdiction of courts.
| | : 2 | (Organic Law N˚14/2006 OF 22/03/2006) | Ordinary Courts are the Supreme Court, the High Court of the Republic, the Higher Instance Courts and the Lower Instance Courts .
Specialised Courts are Gacaca Courts and the Military Courts.
An Organic Law may establish other specialised courts
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| Chapter 2. ORGANISATION OF COURTS | |
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| Section 1. Lower Instance Courts | |
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| Sub-section 1. District, Town and Municipality Courts | |
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| : 3 | (Organic Law N˚14/2006 OF 22/03/2006) | The number of Lower Instance Courts, their denominations and their territorial jurisdiction are on annex two of this Organic Law.
The Seat of each Lower Instance Court shall be determined by the Superior Council of the Judiciary after consulting all the relevant Sector Councils
| | : 4 | (Organic Law N˚14/2006 OF 22/03/2006) | Every Lower Instance Court shall comprise at least two (2) judges, one of whom shall be its president. The Court shall also have registrars and other necessary support staff | | : 5 | Organic Law N˚14/2006 OF 22/03/2006) | The President of the Lower Instance Court adjudicates cases, determines persons to adjudicate cases and supervises the running and organization of services.
He or she shall also supervise and exercise disciplinary powers over the conduct of each member of staff of the Court and shall sanction him or her at his or her level, in accordance with statute governing such a member, in case of failure to perform effectively
| | : 6 | Organic Law N˚14/2006 OF 22/03/2006 | The President of the Lower Instance Court as well as its judges are appointed and removed from office by the President of the Supreme Court on approval by the Superior Council of Judiciary.
The conditions the President and the judges of the Lower Instance Courts are required to fulfil are determined by the law on statutes for judges and other judicial personnel
| | : 7 | (Organic Law N˚14/2006 OF 22/03/2006) | The Lower Instance court which adjudicates cases shall be constituted by a single judge assisted by its registrar |
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| Sub-section 2. (Organic Law N˚14/2006 OF 22/03/2006)Higher Instance Courts | |
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| : 8 | (Organic Law N˚14/2006 OF 22/03/2006) | The number of Higher Instance Courts, denomination and their territorial jurisdiction on annex one of this Organic Law.
The Seat of each Higher Instance court shall be determined by the Superior Council of the Judiciary after consulting the relevant District Councils
| | : 9 | (Organic Law N˚14/2006 OF 22/03/2006) | Each Higher Instance Court shall hear both civil and criminal cases.
The Court is also comprised of specialized chambers: the Juvenile Chamber, the administrative chamber and the labour Chamber. The President of the Supreme Court may also set up other specialised chambers if considered necessary upon approval of the Superior Council of Judiciary
| | : 10 | (Organic Law N˚14/2006 OF 22/03/2006) | There is hereby established specialised Chambers in charge of commercial, finance and tax matters in Higher Instance of Courts of Nyarugenge, Huye and Musanze.
The specialised Chamber of the Higher Instance Courts of Nyarugenge shall hear cases of Jurisdiction of the Higher Instance Courts of Nyarugenge, Gasabo, Ngoma, Gicumbi and Nyagatare.
The specialised Chamber of the Higher Instance Courts of Huye shall hear cases of Jurisdiction of the Higher Instance Courts of Huye, Muhanga, Nyamagabe and Rusizi.
The specialised Chamber of the Higher Instance Courts of Musanze shall hear cases of jurisdiction of the Higher Instance Courts of Musanze, Rubavu and Karongi.
If considered necessary, the President of the Supreme Court, through an order, shall establish other Chambers to hear commercial, financial and tax matters in Higher Instance Courts and shall determine their number, denominations and territorial jurisdiction upon approval by the Superior Council of Judiciary
| | : 11 | Organic Law N˚14/2006 OF 22/03/2006) | Every Higher Instance Court shall consist of the President of the Court, the Vice President and at least five (5) other judges, Court registrars and other support staff in order for the Court activities to be run smoothly.
However, provisions of paragraph one of this Organic Law do not apply to Higher Instance Courts including chambers which hear commercial, financial and tax cases composed of the President of the Court and the Vice President of the Court and at least ten (10) judges due to their particularity
| | : 12 | (Organic Law N˚14/2006 OF 22/03/2006 | The President, Vice President and the judges of Higher Instance Court are appointed by the President of the Supreme Court upon approval by the High Council of the Judiciary.
The conditions the President, the Vice President and Judges of the Higher Instance Courts are required to fulfil are determined by the Law on statutes for judges and other judicial personnel
| | : 13 | (Organic Law N˚14/2006 OF 22/03/2006) | In the court he or she heads, the President of Higher Instance Court is responsible for adjudicating cases, determining judges for adjudicating cases and following up of performance and organisation of the Court | | : 14 | (Organic Law N˚14/2006 OF 22/03/2006) | The President of Higher Instance Court and the Vice president shall hear any cases in the Court they head including those in the specialised chambers
| | : 15 | (repealed by Organic Law N˚14/2006 OF 22/03/2006)) | | | : 16 | (Organic Law N° 07/2004 OF 25/04/2004 | With exception of what is provided otherwise under this Organic Law, the Higher Instance Court, shall try cases in the first instance while composed of one judge assisted by the Court Registrar.
Regarding the appellate degree, it shall try cases while constituting three (3) Judges assisted by the Court Registrar
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| Sub-section 3. he High Court of the Republic | |
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| : 17 | | There is a High Court of the Republic whose seat is in the City of Kigali. Its jurisdiction covers the entire territory of the Republic. | | : 18 | Organic Law N˚14/2006 OF 22/03/2006) | The High Court of the Republic has four (4) chambers operating at Musanze, Nyanza, Rwamagana and Rusizi”.
The jurisdiction of the chamber that operates at Musanze is equal to the jurisdiction of the Higher Instance Court of Musanze, Rubavu.
The jurisdiction of the chamber that operates at Nyanza is equal to the jurisdiction of the Higher Instance Court of Muhanga, Huye and that one of Nyamagabe.
The jurisdiction of the chamber that operates at Rwamagana is equal to the jurisdiction of the Higher Instance Court of Ngoma and Nyagatare.
The jurisdiction of the chamber that operates at Rusizi is equal to the jurisdiction of the Higher Instance Court of Rusizi and Karongi.
Cases originating from the territorial jurisdiction of the Higher Instance Court of Nyarugenge, Kabuga and Gicumbi shall be tried at the seat of the High Court of the Republic
| | : 19 | (Organic Law N˚14/2006 OF 22/03/2006). | | | : 20 | | Upon proposal of the Superior Council of the Judiciary, the President of the Supreme Court may establish other necessary Chambers in the High Court of the Republic.
| | : 21 | | The High Court of the Republic shall consist of a President and Vice President, at least 24 judges, registrars and other necessary support staff. | | : 22 | | The President of the High Court of the Republic, the Vice-President and judges of the High Court of the Republic are appointed and removed by the President of the Supreme Court upon approval of the Superior Council of the Judiciary.
The conditions that the President of the High Court of the Republic, the Vice-President and judges are required to fulfil shall be specified by the law on the Status on judges and other Judicial Personnel.
| | : 23 | (Organic Law N˚14/2006 OF 22/03/2006) | In the Court he or she heads, the President of the High Court of the Republic is responsible for the organisation of the Court as well as the smooth functioning of lower Courts.
Due to such reasons, he or she shall take all necessary decisions in order for quick trial of cases avoiding any reason which may cause delays in adjudicating cases.
It is in that regard that the following are included in his or her responsibilities:
1. presiding over the jury of judges in each chamber if he or she considers it
necessary;
2. organising and determining the functioning of the Court he or she heads and supervising issues relating to the conduct of all its personnel;
3. convening and presiding over the council of all judges of the High court of the Republic as well as the ceremonies to mark the beginning of the judicial year
| | : 24 | Organic Law N˚14/2006 OF 22/03/2006) | The President of the High Court of the Republic may take a decision to delegate, for a period not beyond six (6) months, to judges of Higher and Lower Courts to hear cases arising from other courts of the same level with theirs in case there is any court that may lack enough judges, or if he or she considers it necessary to reinforce the Courts so as to expedite the hearing of pending cases.
Provisions of paragraph one of this article shall also apply to Court registrars
| | : 25 | (Organic Law N˚14/2006 OF 22/03/2006) | Judges of Higher Instance Courts permanently appointed by the High Council of Judiciary may, in the interest of duty, upon request by the President of the Court in which they operate, hear other cases in that Court.
Judges of the High Court of the Republic are permanently appointed either at the seat or at the specialised chamber by the Superior Council of judiciary. They may hear other itinerant cases, in the interest of duty, upon request by the President of the High Court of the Republic, but in a period not exceeding six (6) months,.
Each specialised chamber and each itinerant chamber shall have a President. He or she is responsible among others for matters relating to effective performance and distribution of duties in such chambers
| | : 26 | | The High Court of the Republic shall hear cases on first instance while being constituted of a single (1) judge assisted by a registrar.
However, in the course of hearing appeals from decisions of lower courts, it shall be constituted of three (3) Judges assisted by a court registrar.
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| Sub-section 4. The Supreme Court | |
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| : 27 | | The organisation, functioning and jurisdiction of the Supreme Court shall be determined by an Organic Law. |
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| Section 2. Specialised Courts | |
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| Sub-section 1. Gacaca Courts | |
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| : 28 | | There are in existence, Gacaca courts, which are charged with the duty of prosecuting and trying persons accused of genocide and other crimes against humanity committed between the 1st October 1990 and 31st, December 1994, except some of such crimes, that fall under jurisdictions of other courts
An organic law shall determine the structure, functions and jurisdictions of such courts.
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| Sub-section 2. Military Courts | |
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| a. Military Tribunal | |
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| : 29 | | There is a Military Tribunal whose seat shall be in the City of Kigali. Its jurisdiction covers the entire territory of the Republic.
| | : 30 | | The Military Tribunal shall be comprised of at least ten (10) judges including its President and Vice-President.
In his or her duties, the President of the Military Tribunal shall be replaced by the Vice President and in the absence of the latter, by the most senior judge in the highest military rank.
| | : 31 | Organic Law N˚14/2006 OF 22/03/2006) | The President, the Vice President of the Military Court and its judges are selected from Rwanda Defence Forces and appointed through the order of the Prime Minister upon request by the Minister in charge of Rwanda Defence Forces.
There shall be no determined period they shall spend in service.
However, they may be dismissed at any time in accordance with procedures established due to incompetence, misbehaviour or other reasons as may be provided by law.
| | : 32 | : (Organic Law N˚14/2006 OF 22/03/2006) | In order for the Military court to legally hear cases, the number of judges that constitute the jury shall be an odd number, not less than three (3) Judges and assisted by the Registrar.
The Judge presiding over the trial shall be at least at the same military class with the defendant
| | : 33 | | The Military Court consists of a registry composed of court clerks with at least the rank of Sergeant and other necessary support staff appointed by an order of the Minister having Rwanda Defence Forces in his attributions. |
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| b. The military High Court | |
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| : 34 | | There is established a Military High Court whose seat shall be in the City of Kigali. Its jurisdiction covers the entire territory of the Republic. | | : 35 | | The Military High Court shall consist of at least nine (9) judges including its President and Vice-President.
In his or her duties, the President of the Military High Court shall be replaced by the Vice-President and in the absence or impediment of the latter, by a judge who is most senior in the highest rank.
| | : 36 | Organic Law N˚14/2006 OF 22/03/2006) | The President, the Vice President of the Military court and its judges are selected from Rwanda Defence Forces and appointed through the order of the Prime Minister upon request by the Minister in charge of Rwanda Defence Forces.
There shall be no determined period they shall spend in service.
However, they may be dismissed at any time in accordance with procedures established due to incompetence, misbehaviour or other reasons as may be provided by law .
| | : 37 | : (Organic Law N˚14/2006 OF 22/03/2006) | In order for the bench of the Military High Court to be properly constituted, it must consist of an odd number of judges which shall not be less than three (3), including the President of the bench assisted by a court registrar.
The President of the bench must possess at least the same rank as the accused.
| | : 38 | | The Military High Court consists of a registry composed of court clerks with at least a rank of a Seargent, and other necessary staff appointed by an order of the Minister having Rwanda Defence Forces in his attributions.
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| Chapter 3. JUDICIAL PERSONNEL | |
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| : 39 | (Organic Law N˚14/2006 OF 22/03/2006) | Judicial personnel shall consist of the following:
1o career judges;
2o specialised judges;
3o court personnel;
4o administrative support staff
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| Section 1. Career Judges | |
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| : 40 | (Organic Law N˚14/2006 OF 22/03/2006) | Career judges are those who exclusively perform only judicial duties and are governed by the Statute of judicial personnel. They are the following:
1° the President of the Supreme Court;
2° the Vice President of the Supreme Court;
3° the Judges of the Supreme Court;
4° the President of the High Court of the Republic;
5° the Vice President of the High Court of the Republic;
6° the judges of the High Court of the Republic;
7° the Presidents of Higher Instance Courts ;
8° the Vice Presidents of Higher Instance Courts ;
9° the Judges of Higher Instance Courts ;
10° the Presidents of Lower Instance Courts ;
11° the judges of Lower Instance Courts
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| Section 2. : (Organic Law N˚14/2006 OF 22/03/2006)Specialised judges Auxiliary Judges | |
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| : 41 | : (Organic Law N˚14/2006 OF 22/03/2006) | Specialised judges are those working in specialised courts and these are the judges of the Military Courts persons of integrity of Gacaca courts.
Military Judges are those who carry out judicial activities in Military Courts. These are the following:
1° the President, the Vice President and judges of the Military Court;
2° the President, the Vice President and judges of the Military High Court.
Persons of integrity of Gacaca courts are those who adjudicate cases in Gacaca Courts
| | : 42 | Organic Law N˚14/2006 OF 22/03/2006) | Specialised judges shall continue to be governed by the statutes of their principal activities but while performing their judicial duties,they shall be governed by statutes governing career judges . |
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| Section 3. Other Judicial staff | |
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| : 43 | | Judicial staff shall be the following :
1° Chief registrars
2° Court registrars
3° Assistant registrars
| | : 44 | | In each court, the Chief registrar shall be responsible for the organistion, functioning and conduct of registrars of the Court. In that regard him or her assigns duties to other registrars and supervises their activities in issuing copies of judgements and other court orders.
In case of his or her absence, or impediment, he or she shall be replaced by the most senior registrar in terms of appointment.
| | : 45 | | A registrar shall assist judges in all court proceedings, and shall sign on all their documents.
If he or she can not be avallable in order to sign on court statements or documents, the president of the Court shall indicate reasons for the fallure to sign, in the place where he or she was supposed to sign.
| | : 46 | | The Chief registrar of the court shall be the custodian of all Court records as well as registers meant for receiving claims or recording decided and executed cases. He or she shall also be responsible for the preparation and issuance of all summons and documents related to any Court process.
He or she shall prepare drafts of judgements if necessary and type them.
At the beginning of every calendar year, and not later than 15th January, the chief registrar of the court shall prepare a list of
all cases decided by the Court according to the alphabetical order of names of the parties and make a summary of the subject matter of the claim in each case.
In criminal cases, he or she shall make a list of all the accused persons, a summary of the offences charged and the judgements rendered thereto.
| | : 47 | | One of the court registrars determined by the President of the court shall be responsible for the seized or confiscated property kept in court custody. He or she shall be held responsible for the damage or deterioration of the property, due to mishandling or negligence. | | : 48 | | Court registrars shall be appointed by the President of the Supreme Court after competition.
The President of each court shall, in writing, appoint a registrar or several registrars in the Court, charged with the duty of receiving parties who have no access to legal representation and who lack knowledge on the rules of jurisdiction and procedure, to advise the parties on the competent courts or other institutions depending on the nature of their cases.
| | : 49 | | The Minister having Justice in his or her attributions, upon request by the President of the Supreme Court or the Minister with Rwanda Defence Forces in his or her attributions may appoint one or several court registrars to be court balliffs. | | : 50 | | The statute governing judges and other judicial personnel shall be instituted by law. |
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| Section 4. Administrative support staff | |
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| : 51 | : (Organic Law N˚14/2006 OF 22/03/2006) | The administrative support staff of courts is as follows:
1° The Secretary General of the Supreme Court;
2° Directors and other necessary staff.
The administrative support staff of courts is governed by general statutes for Rwanda Public service.
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| Chapter 4. THE FUNCTIONING OF COURTS | |
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| Section 1. Administration of courts | |
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| : 52 | | The President of the Supreme Court shall be responsible for the functioning of all ordinary courts. In that regard, he or she shall issue instructions relating to the functioning of ordinary courts, after approval by the Superior Council of the Judiciary.
| | : 53 | | The President of each Court shall be responsible for administration, functioning and internal discipline of the court.
He or she shall assign among judges, cases for examination and shall determine judges of benches and the dates for hearing cases.
He or she shall preside over the trial in which he or she is taking part.
He or she gives instructions and take decisions concerning the functioning of the Court he or she heads.
| | : 54 | | In every three months and whenever deemed necessary, the President of the court shall convene and preside over a general staff meeting of the Court to evaluate the functioning of the Court.
| | : 55 | | Each President of any Court shall have the right to control and supervise lower courts immediately under his or her jurisdiction
In that regard, he or she shall issue instructions regarding better performance of duties. However, such rights shall not guarantee him or her the powers to issue instructions to courts on how to decide cases.
| | : 56 | | In case of absence or impediment, the President of the court shall be replaced by the Vice-President.
In case the Vice President of the court is also absent or impeded, he or she shall be replaced by the most senior judge in terms of appointment. In case there are judges of the same seniority, the older judge in terms of age shall replace the President.
| | : 57 | | Judicial recess shall be determined by the President of the Supreme Court after consultation with the Superior Council of the Judiciary. The Judicial recess shall be thirty (30) calendar days.
Prior to recess, the President of each court shall assign a judge who shall remain on duty to carry out urgent court duties. He or she is duty bound to have to submited to the President of the immediately Superior court an annual report of activities.
| | : 58 | | The annual budget for all ordinary courts shall be deposited on the account number of the Supreme Court in the National Bank of Rwanda. | | : 59 | Organic Law N˚14/2006 OF 22/03/2006) | Every quarter, the President of the Supreme Court shall deposit on the bank account of each court opened by the President of the High Court of Republic, Presidents of Higher and the Lower Instance Courts, budgetary funds meant for their respective courts.
The President of the High Court of the Republic, the President of Higher Instance court and the President of Lower Instance Court shall supervise how their respective courts utilise the budget allocated to them.
| | : 60 | | The expenditure and use of Court budgets should conform to provisions and regulations governing the government accounting system. |
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| Section 2. : Itenerancy | |
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| : 61 | | All Courts, with the exception of the Supreme Court, may sit and hear cases from any Districts within their jurisdiction, if their Presidents find it imperative for better rendering of Justice. | | : 62 | | The President of the court may, in writing, order a judge or judges to perform their duties, in a determined period, away from the ordinary seat of the Court. | | : 63 | | Itenerancy shall not hinder the usual functions of the court at its usual seat.
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| Section 3. Relations between courts and other state institutions. | |
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| : 64 | | Courts shall be independent and separate from other state institutions.
However, due to complementarity with other state institutions, the President of each court is responsible for ensuring better collaboration between the court for which he or she is the President and other government institutions. In that regard, he or she shall inform leaders of government institutions within the jurisdictions of the court all necessary and relavant issues for the accomplishment of their responsibilities, if such information does not prejudice professional secrecy and the principle of judicial independence
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| Title 2. JURISDICTION OF COURTS | |
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| Chapter 1. JURISDICTION OF ORDINARY COURTS | |
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| Section 1. Jurisdiction related to subject matter or Competence of the Court | |
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| Sub-section 1. Lower Instance Courts (Organic Law N˚14/2006 OF 22/03/2006) | |
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| A. Jurisdiction in criminal proceedings | |
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| : 65 | : (Organic Law N˚14/2006 OF 22/03/2006) | Lower Instance Courts shall hear all offences except those which are sentenced to a term of imprisonment exceeding five (5) years as well as those relating to traffic rules.
However, offences provided for by the Organic Law relating to the organization, jurisdiction and the functioning of mediation committee shall first be settled by the committee before submitted to the prosecution department or courts as provided for by the Constitution of June 4, 2003 of the Republic as amended to date in its article 159
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| B. Jurisdiction in civil matters | |
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| : 66 | (Organic Law N˚14/2006 OF 22/03/2006) | Lower Instance Courts shall try cases on the first instance:
1° disputes between physical and moral persons with monetary value which does not exceed three million (3, 000, 000) Rwandan Francs, except civil actions related to insurance as well as those seeking damages for the loss occasioned by an offence triable by another court;
2° disputes related to land and livestock and their succession;
3° disputes related to movable property which does not exceed three million (3, 000,000) Rwandan Francs of monetary value and its succession;
4° disputes related to other immovable property other than land, which does not exceed three million (3,000,000) Rwandan Francs of monetary value and its succession.
5° disputes related to civil status and family.
However, cases provided for by the Organic Law determining the organisation, powers and functioning of the mediation Committee shall be settled by that committee before it is transmitted to Courts as provided for by the Constitution of the Republic of June 4, 2003 as amended to date in its article 159
| | : 67 | Organic Law N˚14/2006 OF 22/03/2006) | Lower Instance Courts shall try on first and last instance, all cases whose monetary value does not exceed fifty thousand (50, 000) Rwandan Francs | | : 68 | (Organic Law N˚14/2006 OF 22/03/2006) | President of the Lower Instance Court or an authorized judge shall hear urgent cases which fall within the jurisdiction of such courts.
| | : 69 | (Organic Law N˚14/2006 OF 22/03/2006) | Lower Instance Courts shall not try cases whose monetary value exceeds the amount of which they have jurisdiction due to claims or cumulative claims.
| | : 70 | (Organic Law N˚14/2006 OF 22/03/2006) | Where a case contains a multiplicity of claims some of which if separated, might fall within competence of Lower Instance Courts and others within of a higher level, the former court shall declare itself incompetent to hear such a case and sends it to that other court |
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| c. (Organic Law N˚14/2006 OF 22/03/2006) General Provisions related to Lower Instance Courts | |
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| : 71 | (Organic Law N˚14/2006 OF 22/03/2006) | The judgements rendered by Lower Instance Courts may be reviewed by such courts or appealed against in Higher Instance Courts.
However, cases mentioned in article 67 of this Organic Law heard on the first and last instance by the Lower Instance Courts shall not be subject to appeal
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| Sub-section 2. (Organic Law N˚14/2006 OF 22/03/2006) Higher Instance Courts | |
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| A. Criminal Jurisdiction | |
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| 1. Ordinary Jurisdiction | |
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| : 72 | (Organic Law N˚14/2006 OF 22/03/2006) | Higher Instance Courts shall have jurisdiction to try offences whose sentence is a term of imprisonment exceeding five years (5) years, except the offences this Organic Law reserves to other Courts.
They shall also have jurisdiction over road traffic offences.
They shall also have jurisdiction over persons placed in the first category accused of crimes of genocide and other crimes against humanity committed in Rwanda between the 1st October 1990 and 31st December 1994
| | : 73 | (Organic Law N˚14/2006 OF 22/03/2006) | Higher Instance Courts shall have appellate jurisdiction to hear cases from Lower Instance Courts from their respective jurisdictions. |
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| a. Jurisdiction of Juvenile Chambers | |
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| : 74 | : (Organic Law N˚14/2006 OF 22/03/2006) | accused of any offence shall be tried on the first instance by a Juvenile Chamber of Higher Instance Court | | : 75 | | In civil cases, Higher Instance Courts shall have jurisdiction to hear cases on the first instance that are not triable by other courts. They shall also hear on first instance all cases related to insurance, regardless of the value of the claim
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| b. Jurisdiction of labour chamber | |
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| : 76 | | In criminal cases, the Labour chamber shall try offences related to labour laws, social security laws as well as offences related to the implementation of such laws. |
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| B. Jurisdiction in civil and administrative matters | |
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| 1. Jurisdiction in Civil matters | |
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| a. Ordinary Jurisdiction | |
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| : 77 | Organic Law N˚14/2006 OF 22/03/2006) | In civil cases, Higher Instance Courts shall have jurisdiction to hear cases on the first instance that are not triable by other courts. They shall also hear on first instance all cases related to insurance, regardless of the value of the claim”. | | : 78 | Organic Law N˚14/2006 OF 22/03/2006) | Higher Instance Courts shall have jurisdiction to hear appeals against judgments rendered on first instance by Lower Instance Courts within their jurisdiction.
They shall also hear appeals, orders taken on urgent applications by the Presidents of Lower courts or authorized judges.
| | : 79 | (Organic Law N˚14/2006 OF 22/03/2006) | The President of a Higher Instance Court, the Vice President or an authorised judge shall hear urgent civil applications that fall within the jurisdiction of Higher Instance Courts |
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| b. (Organic Law N˚14/2006 OF 22/03/2006)The jurisdiction of specialized chambers of the Higher Instance Courts of Nyarugenge, Huye and Musanze | |
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| i. Jurisdiction of Commercial, Financial and Tax Courts | |
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| : 80 | | The Specialised Chamber handling commercial, financial and tax cases shall on first instance hear claims related to :
1° disputes of Commericial or Tax nature outside the jurisdiction of other courts between business persons based on documents legally accepted to be commercial ;
2° disputes arising out of the use of negotiable instruments;
3° disputes relating to banking transactions ;
4° disputes relating to contracts arising out of commercial transactions ;
5° disputes between commercial firms;
6° Disputes related to revival of limping commercial firms as well as their liquidation;
7° Matters relating to financial litigation ;
8° Actions relating to tax disputes;
9° actions related to transport litigation.
| | : 81 | | The Specialised chamber handling Commercial, financial and Tax matters shall also hear:
1° Disputes arising from :
a. shareholders of a firm;
b. directors of a firm;
c. shareholders and directors of a firm;
d. auditors and directors of a firm;
e. auditors and shareholders of a firm;
f. liquidators and directors or share holders of a dissolved firm;
g. the mentioned and shareholders
h. shareholders, directors, auditors or liquidators of a dissolved firm as well as those responsible for its revival
2° all disputes related to commercial bankruptcy;
3°actions related to industrial, trademarks;
4° actions related to correction or removal of a firm from the commercial register;
5° applications related to the appointment and removal of auditors responsible for auditing books and accounts of commercial firms.
| | : 81 | bis(Organic Law N˚14/2006 OF 22/03/2006) | The President of the Higher Instance Court , the Vice President or an authorised Judge of the chamber which tries commercial, financial and tax cases shall hear urgent applications in relation to such claims
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| ii. Jurisdiction of Labour Chambers | |
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| : 82 | | Without prejudice to other provisions of this organic law, the labour chamber shall hear:
1° Disputes between individuals or
groups of persons arising out of contracts of employment or contracts of apprenticeship, between private employers and their employees; collective bargaining conditions or administrative decisions in lieu there of;
2° Disputes arising out of labour relations between private employers and employees;
3° Disputes between social security organisations, between employers and employees in regard to the implementation of social security laws, but without prejudice to the provisions of the laws relating to the institution of commissions empowered to hear some specific categories of disputes ;
4° Suits for damages arising out of offences for breach of labour laws without prejudice to the laws which give such jurisdiction to criminal Courts when they are seized with such offences.
| | : 82 | bis(Organic Law N˚14/2006 OF 22/03/2006) | The President of the Higher Instance Court , the Vice President or an authorised judge in the labour chamber shall hear urgent claims in the jurisdiction of the Higher Instance Courts in relation to such claims
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| 2. Jurisdiction in Administrative matters | |
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| a. Jurisdiction of administrative chambers | |
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| : 83 | Organic Law N˚14/2006 OF 22/03/2006) | The specialised chambers of Higher Instance Courts shall hear the following administrative cases:
1° cases relating to all disputes arising from elections at local administration entities
up to District level;
2° all petitions mentioned in articles 93, 94, and 95 of the Organic Law n◦° 07/2004 of 25/04/2004 determining the organization, functioning and jurisdiction of courts provided that such decisions or acts mentioned in such provisions were taken by administrative authorities mentioned in point one of this article;
3° action for damages arising from contractual liability, government officials and its parastatals;
They shall also receive oath of the members of the Council and Executive Committee of the District
| | : 84 | (Organic Law N˚14/2006 OF 22/03/2006) | Provisions of article 96 to 98 of Organic Law no 07/2004 of 25/04/2004 determining the organization, functioning and jurisdiction of courts shall also apply in Higher Instance Courts in relation to administrative cases | | : 85 | (Organic Law N˚14/2006 OF 22/03/2006) | Presidents of Higher Instance Courts, Vice Presidents or authorised judges in the administrative chamber shall hear urgent claims in the jurisdiction of the Higher Instance Courts in relation to such claims. |
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| c. General Provisions relating to Higher Instance Courts | |
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| : 86 | (Organic Law N˚14/2006 OF 22/03/2006) | When the Higher Instance Court is seized with a case that falls within the jurisdiction of the Lower Instance Court, the former transfers the case to the competent Lower Court.
| | : 87 | (Organic Law N˚14/2006 OF 22/03/2006) | Judgments rendered by Higher Instance Courts may be subject to review in the same courts and appealed against in the High Court of the Republic | | : 88 | (Organic Law N˚14/2006 OF 22/03/2006) | The Presidents of Higher Instance Courts shall adjudicate applications for transfer of cases when there is a case which is likely to cause public discontent or if the jury of the Lower Instance court in its territorial jurisdiction can not be legally constituted.
They shall also settle disputes in relation to conflicts of jurisdiction between Lower Instance Courts of the territorial jurisdiction of the claimants and upon failure compliance in their jurisdiction on such disputes
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| Sub-section 3. The High Court of the Republic | |
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| A. Jurisdiction in first instance | |
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| 1. Criminal jurisdiction | |
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| a. National jurisdiction | |
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| : 89 | (Organic Law N˚14/2006 OF 22/03/2006) | The High Court of the Republic shall have jurisdiction to try on the first instance the following offences committed by civilians, except minors:
1° offences of murder and manslaughter;
2° offences of high treason;
3° offences relating to threat to national security;
4° offences of terrorism;
5° war crimes;
crimes of genocide and crimes against humanity except those committed by persons accused of crimes of genocide and crimes against humanity committed in Rwanda between 1st October 1990 and 31st December 1994 which shall remain within the jurisdiction of Gacaca Courts and Higher Instance Courts.
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| b. Universal Jurisdiction | |
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| : 90 | | The High Court of the Republic shall have jurisdiction to try any person including non-nationals found within the territory of the Republic of Rwanda, alleged to have committed, outside the national boundaries, any crimes falling within the category of international or cross-boader crimes especially the crimes of genocide, crimes against humanity, war crimes, terrorism, hostage taking, drug trafficking, money laundering, theft of motor vehicles for sale abroad, human trafficking especially of young girls, slavery and other crimes of similar nature.
When the High Court of the Republic is sitting in the exercise of its universal jurisdiction, the President of the Supreme Court may, in the interest of justice and with a view to harmonise universal jurisprudence over international and cross boarder crimes, seek cooperation of the United Nations or a member state in which the crime was committed, to provide foreign judges to sit with their Rwandan counter parts to hear such cases or request foreign courts to conduct some of the investigations on behalf of Rwandan Courts.
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| 2. Civil jurisdiction | |
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| : 91 | | The High Court of the Republic shall hear complaints which require execution of cases and decisions taken by foreign courts.
The examination of such applications shall be conducted by considering:
1° whether the foreign judgement does not contradict Public order or basic Legal tenets of Rwandan public laws;
2° whether the case was finally heard and determined in accordance with the laws of the country of origin;
3° whether a copy of the judgement is by all means authentic in accordance with such laws,
4° whether the right of defence was respected.
| | : 92 | | Authentic deeds which have proof to have been written by foreign authorities may also be executed in Rwanda by the High Court of the Republic if they have the following evidence:
1° If the reasons for seeking the execution of the authentic deeds are not contrary to public order as well as legal tenets of Rwandan Public laws;
2° If according to the Country in which they were written, they have all necessary evidence to prove their authenticity.
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| 3. Jurisdiction in Administrative Cases | |
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| : 93 | (Organic Law N˚14/2006 OF 22/03/2006) | )The High Court of the Republic shall have powers to hear the following administrative cases:
1. all cases requesting for removal of decisions illegally taken, decisions taken by incompetent persons or persons who act ultravires and which decisions were taken on the last instance by leaders from the level of the Province and the City of Kigali to the level of the President of the Republic;
2. cases requesting for removal of administrative decisions or requesting for damages arising from non observance of the general statutes governing Rwanda civil service and public service institutions;
3. actions relating to damages based on grounds other than contractual or quasi contractual, if the damage is as a result of an act or omission of the administration or due to acts carried out in public interest.
4. actions relating to administrative contracts other than those based on civil law;
5. actions relating to labour disputes between individuals and the State or its corporations;
6. complaints relating to incompatibilities between elected public service posts, non elected posts and other types of employment;
7. complaints relating to seizure on public interest, seizure of movable and immovable individual property;
8. complaints arising from expropriation in public interes
| | : 94 | | The High Court of the Republic shall examine whether the decisions contracts or administrative acts within its jurisdiction were done according to law. In case it is done contrary to law, it may nullify and order payment to an aggrieved party any compensation arising out of damage by such acts.
| | : 95 | | The High Court of the Republic shall hear disputes concerning administrative contracts within its competence particularly on their validity, interpretation, enforcement or resiliation. | | : 96 | | Subject to the provisions of the preceding articles, the High Court of the Republic may issue written orders to any administrative organ directing or restraining it from performing certain acts.
| | : 97 | | Without prejudice to the provisions of article 96 of this organic law, the High Court of the Republic may indicate in its written orders, that it has granted to an administrative authority the right to choose between paying compensation in kind or in cash. | | : 98 | | The High Court of the Republic may also issue certain written instructions related to conduct of a certain public official, so as to comply with such an order, and fallure to do so may render him or her to pay damages on his or her own. | | : 99 | | The High Court of the Republic shall hear on first and last instances appeals against decisions taken in the Council of the Bar Association as well as election petitions arising from the members of the organs of their association. | | : 100 | | he High Court of the Republic shall hear election petitions of administrative leaders on Provincial and the City of Kigali levels. | | : 101 | | The High Court of the Republic shall hear disputes relating to political parties, between political parties, between political parties and their members or between political parties and the administration.
It shall also settle cases relating to the violation of articles 52, 53 and 54 of the Constitution if committed by political organisations.
| | : 102 | (Organic Law N˚14/2006 OF 22/03/2006) | The High Court of the Republic shall have jurisdiction to receive oath of the members of the Council and the Executive Committee of the City of Kigali
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| 4. General provisions regarding original jurisdiction of the High Court of the Republic | |
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| : 103 | | Cases tried in first instance by the High Court of the Republic, whether penal, civil or administrative, may be reviewed by the same court, and appealed in the Supreme Court. | | : 104 | (Organic Law N˚14/2006 OF 22/03/2006) | The President of the High Court of the Republic shall have the powers to hear cases relating to removal and transfers of cases from Higher Instance Courts to another court of the same level on reasons of public tranquillity or if the jury of such a court can not be legally constituted.
He or she shall also settle disputes relating to conflict of jurisdiction between Higher Instance Courts seized which failed to compromise on their competence on such cases.
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| B. Appellate Jurisdiction | |
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| 1. . Jurisdiction in Criminal Proceedings | |
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| : 105 | (Organic Law N˚14/2006 OF 22/03/2006) | The High Court of the Republic shall have jurisdiction to hear appeal criminal cases tried on first instance by the Higher Instance Courts.
It hears also appealed criminal cases heard on the second degree by the Higher Instance Court in case of such cases:
1o do not set out whatsoever the basis for decisions, are based on non existing laws or were pronounced by incompetent court;
2o were rendered on proof, document or conclusions presented after the trial and when there is no resumption of the hearing;
3o were rendered by a jury that is not constituted as the law provides;
4o were pronounced by a judge who did not take part in hearings;
5o were not tried in public and no hearing in camera was ordered.
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| 2. Jurisdiction in Civil Proceedings | |
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| : 106 | (Organic Law N˚14/2006 OF 22/03/2006) | The High Court of the Republic hears appealed civil cases heard on the first instance by a Higher Instance Court.
It also hears appealed civil cases heard on the second instance by the Higher Instance Court when such cases:
1. do not set out whatsoever the basis for decisions, are based on non existing laws or were pronounced by incompetent court;
2. were rendered on proof, document or conclusions presented after the trial and when there is no resumption of the hearing;
3. were rendered by a jury that is not constituted as the law provides;
4. were pronounced by a judge who did not take part in hearings;
5. were not tried in public and no hearing in camera was ordered.
It hears also appeals on decisions taken by Arbitration Committees.
| | : 107 | (Organic Law N˚14/2006 OF 22/03/2006) | The High Court of the Republic shall hear appeals relating to urgent summary applications taken by the Presidents of the High Instance Courts, the Vice Presidents or authorised judges.
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| 3. General Provisions relating to the High Court of the Republic in the exercise of its appellate jurisdiction | |
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| : 108 | Organic Law N˚14/2006 OF 22/03/2006) | Cases decided by the High Court of the Republic on the appellate degree may be subject to review by the same court and appealed against in the Supreme Court, except cases which were initiated in the Lower Instance Court as well as those that are not in the jurisdiction of the Supreme Court
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| Section 2. Determination of jurisdiction based on competence of the court or subject matter | |
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| : 109 | | In civil cases, the pecuniary jurisdiction shall be determined by the nature and value of the claim. The monetary value of the claim shall be determined by putting into account the principal amount and the interests agreed upon in the contracts. | | : 110 | | For purposes of establishing the jurisdiction of the court, any products of the principal subject matter, interests, arrears, damages and any other incidental expenses shall be added to the subject matter only if they were indicated before instituting the suit. | | : 111 | | If a suit contains various claims based on the same cause, they shall be combined in order to determine the competent court.
If claims are not based on the same case, each claim shall be heard seperately on the first or last degree according to its value.
| | : 112 | | If the amount claimed is part of a debt which is bigger than that being contested, the larger amount shall determine the court that has jurisdiction to hear the case. | | : 113 | | If a suit is brought by several plaintiffs or is against several defendants under the same cause, the total amount claimed shall determine the jurisdiction, regardless of the share of each of them in the sum.
| | : 114 | | In cases concerning the validity or termination of tenancy agreements, the amount of money in dispute shall be established in the first case, by adding the total amount of money since the commencement of the tenancy agreement, and in the second case, by the amount of money accruing for the remaining period. | | : 115 | | In suits between creditors and debtors concerning the right to preferential payment or mortgages on immovable property, the jurisdiction of court shall be established by the total amount of the secured debit. | | : 116 | |
When the basic evidences mentioned from articles 109 to 115 of this organic law can not determine the value of the subject matter, the parties to the suit shall establish such value and if not possible, it shall be determined by the judge.
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| Section 3. Territorial jurisdiction of courts | |
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| : 177 | | When a court rejects an application for disqualification, it shall order for the hearing to continue. | | : 178 | (Organic Law N˚14/2006 OF 22/03/2006) | The dress code for judges during court sessions, in festivities and other official ceremonies shall be determined by an order of the President of the Supreme Court upon approval by the Superior Council of the Judiciary.
The dress code of the Military judges during court sessions and in judicial ceremonies shall be determined by the order of the Minister in charge of Rwanda Defence Forces
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| Sub-section 1. Territorial Jurisdiction in Criminal Matters | |
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| : 117 | | The Court with the jurisdiction to hear the case is:
1° the Court situated where the offence was committed;
2° the Court situated where the accused person resides ;
3° the Court situated where the accused person was arrested.
When two (2) criminal cases with the same subject mattter and arising out of one criminal act is pending before two (2) different Courts, the Court situated in the area where the offence was committed shall take precedence over the Court situated where the accused ordinarily resides and this same Court shall take precedence over the court where the accused person was arrested.
| | : 118 | | When several people are jointly charged as principal offenders or accomplices of one or several offences arising from the same transaction, the Court with territorial jurisdiction to try the most serious offences shall be competent to try the other offences.
| | : 119 | | Unless provided otherwise in a particular provision of this organic law or of any other laws, when a matter is filed in two different courts with the same jurisdiction, one of the Courts shall send the case to the other in accordance with the following rules and order :
1° an ordinary Court shall take precedence over a Special Court;
2° an Appellate court shall take precedence over a court of First instance;
3° a superior court shall take precedence over an inferior Court;
4° a Court which has commenced Court process shall take precedence over the one that has not yet made a decision on the case;
5° a Court before which the case was filed first shall take precedence over other courts.
| | : 120 | | If a competent Court before which a criminal case is brought establishes that the facts of the Commission of the offence places the case within the jurisdiction of another Court, it shall vacate the case and forward the criminal file to the competent court for trial.
In that case, all investigations and proceedings undertaken prior to such transfer shall remain valid.
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| Sub-section 2. Territorial Jurisdiction of civil courts | |
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| : 121 | | Unless the law provides otherwise, the court situated where the defendant ordinarily resides shall have jurisdiction to try a case.
When there are several defendants, the planitiff shall choose the court of one of the defendants’ ordinary residence.
When the residence of the defendant is unknown, the case shall be heard in the court situated where he or she is domiciled.
| | : 122 | (Organic Law N˚14/2006 OF 22/03/2006) | Cases against the State, public enterprises and government agencies shall be filed in the courts where their headquarters are located or where the subject matter of the suit is situated.
However, in matters related to government tax, cases shall be heard by specialized tax chamber of a Higher Instance court situated where a tax collection bureau is located
| | : 123 | | Cases against Trading firms and other organisations with legal personality shall be heard in courts situated where their headquarters are situated or where the subject matter of the suit is located.
| | : 124 | | Cases concerning movable property may also be heard in Courts situated where the contracts were entered into, or where the contracts are supposed to be enforced, or where the contracts were executed.
Rivers and lakes forming the boundaries of two jurisdictions shall be considered to be in the territorial jurisdiction of each Court.
| | : 125 | | If there is a place chosen for the execution of a deed, any related action shall be brought before the Court situated in the place. | | : 126 | | Cases between shareholders of a society or between directors, or between accountants and members of a company shall be heard by the Court of the place where the headquarters of such company is situated.
The same Court shall also have jurisdiction over disputes concerning distribution of assets and liabilities even after the company has ceased to exist as long as the suit is filed within two (2) years after the distribution.
| | : 127 | | Cases brought against company directors, administrators or liquidators of alling companies, auditors and other administrators appointed by the Court shall be heard by the Court which appointed them. | | : 128 | | Cases concerning the disclosure of property by guardian of a minor shall be heard by the Court situated in the place where the guardianship was made. | | : 129 | | Cases concerning immovable property shall be heard by courts situated where the property is located.
All incidental claims and claims for damages related to the principal suit shall follow the same procedure as the principal suit.
When an immovable property is situated in different territorial jurisdictions, the court situated in the territory which has a larger part shall have jurisdiction to hear the case.
However, the plaintiff shall have the right to choose any court in which any part of the immovable property is situated, particularly if the defendant resides or actually lives in the area.
| | : 130 | | Cases that are heard in jurisdiction where inheritance has occurred are:
1° those concerning rights to inheritance and sharing of assets and those concerning parties to inheritance up to the period of sharing;
2° those concerning administrators and executors of estates and wills, provided the cases are filed within two years of the commencement of inheritance ;
3° those concerning nullifying or rescinding distribution or enforcing a guarantee of shares, provided that they are filed within two (2) years from the period of distribution ;
4° those concerning legatees and creditors against heirs or one of them provided that the cases are filed within two (2) years of the death.
| | : 131 | | If the inheritance commences from abroad, the cases mentioned in article 130 of this organic law shall be filed in the Court where the immovable property related to such inheritance is situated and in accordance with the provision of article 129 of this organic law.
If the inheritance does not contain immovable property located in Rwanda, jurisdiction shall be governed by the provisions of articles 121 and 135 of this organic law.
| | : 132 | | Suits concerning bankruptcy in commercial transactions shall be heard by the court situated within the jurisdiction where the loss or bankruptcy occurred. | | : 133 | | The Court before which the principal suit is pending shall also hear all other cases against guarantors and counterclaims, unless they fall within the pecuniary jurisdinction of another Superior Court.
| | : 134 | | The court which has pecuniary jurisdiction to try the principal suit shall also have jurisdiction to try all other incidental suits thereto. |
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| Sub-section 3. Jurisdiction concerning foreigners | |
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| : 135 | | Foreigners may be sued in Rwandan courts by a national or a foreigner in the following circumstances :
1° If they are found in residing, or domiciled in Rwanda or have agreed to be tried in Rwandan Courts;
2° where the suit involves immovable property situated in Rwanda;
° If the suit arises out of a contract entered into, executed or supposed to be executed in Rwanda;
4° if the suit concerns the estate of a deceased person based in Rwanda;
5° Where the suit concerns confirmation or lifting of attachment orders issued in Rwanda or any other application for provisional or conservation measures.
6° Where the suit is connected to another case that is pending before a Rwandan court;
7° Where the parties seek execution in Rwanda, of court decisions or authentic acts rendered outside Rwanda.
8° Where the suit concerns commercial bankruptcy, if the bankruptcy commenced within Rwanda;
9° When the suit seeks to enforce a guarantee or is a counter claim, while the principal suit is pending before a Court in Rwanda;
10° When there are several defendants one of whom is a resident of or have domicile in Rwanda;
11° When the ship or vessel alleged to have committed an offence in foreign waters is found in national waters at the time of issuing notice to appear;
12° When an aeroplane alleged to have committed an offence in foreign air space is found in a Rwandan air space at the time of issuing notice to appear.
| | : 136 | | If all the different circumstances indicated in article 135 of this organic law do not suffice to establish jurisdiction of Rwandan Courts over foreigners, the plaintiff may file a suit in a Rwandan Court where he or she is, domiciled or resident or the subject matter is located. |
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| Chapter 2. COMPETENCE OF SPECIALISED JURISDICTIONS | |
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| Section 1. Jurisdiction based on subject matter or competence of the court | |
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| Sub-section 1. : Gacaca Courts | |
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| : 137 | | Gacaca Courts shall be responsible for prosecuting and trying those accused of genocide and other crimes against humanity committed between 1st October 1990 and 31st December 1994, except those accused of crimes that place them in the first category.
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| Sub-section 2. The Military Tribunal | |
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| : 138 | | Without prejudice to the provisions of article 139 of this organic law, the Military Tribunal tries in the first instance all offences committed by all Military personnel irrespective of their rank.
It also has powers to try Military personnel accused of the crime of genocide and crimes against humanity committed in Rwanda between October 1st 1990 and December 31st 1994, which place them in the first category irrespective of their ranks.
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| Sub-section 3. The Military High Court | |
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| : 139 | (Organic Law N˚14/2006 OF 22/03/2006) | The Military High Court shall try, at first instance, all offences which constitute a threat to national security and murder committed by soldiers irrespective of their ranks. However, during judgment, if the Court seized finds that the elements of the offence of manslaughter instead are the elements of the offence of murder, it shall hear such a case.
It shall hear on appeal level all cases tried by the Military Court.
It shall also try cases of rehabilitation of persons tried by the Military courts.
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| Section 2. Territorial Jurisdiction of the Military Courts | |
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| : 140 | | Military Courts shall try all offences committed within and outside the territory of the Republic of Rwanda, provided they were committed by persons over whom the Military Courts have jurisdiction.
Military Courts may hear cases from anywhere within the territory of the Republic of Rwanda if the President of the Court deems it necessary.
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| Section 3. General provisions related to Military Courts | |
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| : 141 | | Cases heard by the Military Courts may be reviewed or appealed against. Judgements rendered by the military court shall be reviewed in the same court and appealed against in the Military High Court.
Cases heard in the first instance by the Military High Court may be reviewed by the same Court and appealed against in the Supreme Court. If they were heard in the second instance by that court, they may be appealed against in the Supreme Court, provided the sentence passed by the Military High Court is equivelent to or exceeds ten (10) years of imprisonment.
| | : 142 | | The Judges of the Military Courts shall, in the course of performing their judicial duties, put on their ranks. | | : 143 | | The Judges of Military Courts shall, in the exercise of their judicial duties, be fully independent. They shall have unfettered discretion in the trial of cases before them and shall decide them without any pressure.
| | : 144 | | Persons tried by Military Courts shall have the right to legal representation and defence on cases against them at any stage of the trial. | | : 145 | | A suit for damages arising out of a criminal offence triable by the Military Courts may be filed in the same Court hearing the criminal trial in Military Court or may be filed seperately in a civil court with competent jurisdiction over the suit. |
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| Title 3. GENERAL PROVISIONS RELATED TO ORDINARY COURTS | |
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| Chapter 1. GENERAL PROVISIONS RELATED TO CRIMINAL COURTS | |
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| : 146 | | Criminal courts shall try all persons suspected to have committed offences punishable by Rwandan laws, even if they are within Rwandan territory or even if they were or were not previously interrogated by the prosecution or investigation departments.
| | : 147 | | There is connexity of offences when:
1° offences are committed at the same time and place ;
2° there is prior agreement and intention;
3° the offences have a cause and effect relationship.
4° there is concealing property obtained from the commission of an offence.
There is indivisibility of offences when:
1° there is one offence committed by several persons ;
2° one person commits various offences with a common intention;
3° a person committs various offences and one of which aggravates another.
| | : 148 | | Where the accused is simultaneously charged with various offences which fall within the jurisdiction of Courts with different nature and level, the highest ordinary Court which has jurisdiction to try one of the offences shall have jurisdiction to try all the other offences. | | : 149 | | When several accused persons some of whom are triable by ordinary Courts and others by Military Courts are jointly charged with the commission of the same offence or related offences they shall all be tried by a competent military court.
However, the provisions of the preceding paragraph shall not apply if one of the accused jointly charged with military personnel is triable by the Supreme Court because in such a situation, they shall all be triable by the Supreme Court.
| | : 150 | | When several accused persons triable by Courts of different levels are severally charged for having jointly committed the same offence or interconnected offences, they shall be tried by a higher competent Court. | | : 151 | | When a case is transferred to another Court due to connexity or indivisibility as a result of the application of articles 148, 149 and 150 of this organic law, the transfer shall remain effective once the reason that caused it ceases to exist after the proceedings have commenced. When the reasons cease to exist before the proceedings commence, the case shall be transferred back to the original Court.
| | : 152 | | When there arises connexity or indivisibility in cases, authors of offences and their accomplices may be conjointly tried by courts of the same nature and level, or they may be tried seperately if so decided by the court in which the case was filed.
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| Chapter 2. GENERAL PROVISIONS RELATED TO CIVIL COURTS | |
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| : 153 | | There shall be connexity of cases if various cases are linked with each other so that the trial of one is likely to affect the outcome of the other or if separate trial of each may result into conflicting judgements. | | : 154 | | If various claims of the same subject matter and based on the same cause and between the same litigants are pending in different courts, or if there are various related claims pending in different courts such that the resolution of one may affect the others, any of the courts may upon request of any of the parties to the suit send such cases to another court according to the following procedure and manner and in respect of its sequence:
1° A Court which has taken a decision on some preliminary issue other than on merits shall take precedence over that which has not taken any interim orders;
2° A superior Court shall take precedence over an inferior court;
3° A Court before which the suit or suits were filed first shall take precedence over other courts ;
4° An ordinary Court shall take precedence over a specialised Court.
| | : 155 | | Different claims or points of claims which are supposed to be filed separately, are supposed to be filed before different Courts may, if they are connected, be joined in the same case by an order of the President of the Court or the Presiding judge. In such a case, procedures of choice provided by article 154 of this organic law shall apply. | | : 156 | | If interrelated suits are filed in the same Court, its President may, on his or her own motion or on request of any of the parties to the suits, order that the suits be heard jointly by one bench of the court basing on the connexity.
| | : 157 | | Judgements and written Court Orders concerning transfers or refusal to transfer cases or to join cases in other courts may be appealed against.
| | : 158 | | A copy of the judgement ordering the transfer of a case and all documents containing proceedings shall be forwarded to the registry of the court to which the matter is transferred. | | : 159 | | The judgement ordering a case to be transferred to another court shall not be rejected by the court to which it has been transferred, only that such a court may take a decision regarding its jurisdiction on the subject matter.
| | : 160 | | If two (2) or more courts are simulteneously seized with the same claim or connected claims and such courts claim to be incompetent or competent to try the claim or claims in that case, there is conflict of jurisdiction. In that regard provisions of paragraph 2 of article 88 and 104 of this organic law shall apply. |
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| Chapter 3. GENERAL PROVISIONS TO ALL COURTS | |
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| Section 1. Civil action for damages arising from a Criminal Offence | |
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| : 161 | | Civil claims arising out of a criminal offence are those instituted to recover damages for loss caused by the offence. A person aggrieved by the offence or his or her beneficiaries shall have the right to file a civil suit for damages | | : 162 | | A claim for damages arising out of a criminal offence may be heard at the same time by the same court hearing the criminal case. It may also be instituted separately. In that situation its proceedings shall stay until the criminal hearing is finally determined.
That principle that the civil action must stay for the decision of a criminal Court shall be respected if:
1° the criminal case was filed before the civil suit ;
2° the criminal case was filed during the proceedings of a civil suit. In such a situation, the same judge who hears the civil suit shall also hear the criminal case.
3° during the course of civil proceedings, there arises a criminal incidental proceeding, the judge who hears the civil suit shall also try that criminal incidental proceeding.
However, where the criminal incidental proceeding herein above mentioned is within the jurisdiction of a superior court, both the civil and the criminal matter shall be forwarded together to that Superior Court for joint trial.
A Criminal claim shall not cause stay of a civil claim if they are not interconnected.
| | : 163 | | Restitution of the property connected to the offence shall be done by the court on its own motion if they are in kind and if there is no doubt as regards the ownership of the property. | | : 164 | | If a party aggrieved by a criminal offence is unable to plead for him or herelf and does not have an advocate or are presentative, the Court seized by a criminal trial, shall on its own motion determine damages in accordance with law and after it has heard the submissions of the prosecution. | | : 165 | | The acquittal of an accused person on first instance shall not be an obstacle for the civil parties to seeking damages on appeal. In that case, if the civil party appeals, he or she shall inform the Prosecution which shall also immediately file an appeal against the criminal matter even if the time limit for appeal has elapsed.
However, if the prosecution finds that the appeal of the civil party was not filed in time limit provided for by law, it may decide not to appeal in the criminal matter.
| | : 166 | | Criminal Courts seized with civil proceedings in accordance with the law, may award damages arising out of the criminal offence if it is proved that facts that caused the crime were committed, even if the convicted person can not be sentenced to death, pardon or prescription of the offence. |
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| Section 2. : Pleadings and pronouncing judgements in public | |
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| : 167 | | Court hearings shall be conducted in public unless the Court orders the hearing to be in camera, when it appears that such proceedings may jeopardise public order or cause breach of public morals. | | : 168 | | Every judgement shall contain reasons thereof and shall be read in public, within 30 days from the date of closing the hearing.
Disciplinary action shall be taken against any judge who shall not deliver a judgement within the time limits prescribed by the preceding paragraph
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| Section 3. Execution of Judgements | |
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| : 169 | | All disputes arising out of the execution of judgements shall be filed within the court which rendered the judgement in the last instance. The decision taken on such disputes shall not be subject to appeal. |
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| Section 4. : Matters related to oaths | |
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| : 170 | | Any person shall, before assuming the duties of a jugde or a registrar take the oath prescribed by the Constitution in its article 61.
Such oath shall not be repeated when a judge is promoted to a higher court, unless he or she is made a President, a Vice-President or a judge of the Supreme Court.
| | : 171 | | The President, the Vice-President, and Judges of the Supreme Court shall take oath before the President of the Republic of Rwanda and members of parliament.
The Judges of other ordinary courts shall take oath before the President of the Supeme Court in presence of the members of the Superior Council of the Judiciary.
Judges of the Military Court and the Military High Court shall take oath before the Prime Minister.
The registrars of the Supreme Court shall take oath before the President of the Supreme Court.
Other registrars of all other subordinate courts shall take oath before the President of the High Court of the Republic.
Registrars of Military Courts shall take oath before the Minister having Rwanda Defence Forces in his or her attributions.
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| Section 5. Disqualification of Judges | |
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| : 172 | | Any judge may be disqualified from proceedings in the following circumstances:
1° where the judge, his or her spouse or their children have a personal interest in the case;
2° where the judge or his or her spouse is a parent or a close relative or relative by marriage to the fourth degree of collateral lineage with one of the judges, on the panel, one of parties to the proceedings, his or her advocate or his or her legal representative;
3° where there exists hatred between the judge and one of the parties to the proceedings;
4° where the judge has demonstrated friendship with one of the parties or if since the commencement of the suit, the judge was entertained by or received a gift from one of the parties;
5° where the judge has ever given an adverse opinion or advice on the issue in court before commencement of proceedings.
6° where the judge has ever had a contract of service with one of the parties;
7° where the judge has ever acted in the matter as a judge, prosecutor, police investigator, party, attorney, witness advocate or defender, arbitrator, interpreter, expert or as an employee of the central administration;
8° If there is or there has been a criminal or civil proceeding between a judge, his or her spouse, or those directly or indirect related to him or her by blood or marriage up to the fourth degree of collateral lineage with one of the parties, his or her spouse or relatives in the same degrees.
| | : 173 | | If a judge finds any of the grounds mentioned in the preceding article applicable to him or her, he or she may disqualify himself or herself. In all other circumstances, the Court will have discretion to decide on the matter. | | : 174 | | An application for the disqualification of a judge may be made at any time before the closure of proceedings. | | : 175 | | Even if a motion for disqualification of a judge may have been submitted the cours regarding the property may take a decision on preservation measures regarding the property in the interest of the parties. | | : 176 | | When a court rejects an application for disqualification, it shall order for the hearing to proceed. The appeal on such a decision shall be only appellable with the main suit. | | : 177 | | When a court rejects an application for disqualification, it shall order for the hearing to continue. |
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| Section 6. The dress code for judges | |
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| : 178 | Organic Law N˚14/2006 OF 22/03/2006) | The dress code for judges during court sessions, in festivities and other official ceremonies shall be determined by an order of the President of the Supreme Court upon approval by the Superior Council of the Judiciary.
The dress code of the Military judges during court sessions and in judicial ceremonies shall be determined by the order of the Minister in charge of Rwanda Defence Forces
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| Section 7. : Provisions relating to public order | |
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| : 179 | | In criminal cases, the rules governing territorial and material jurisdiction shall be of public order. The same also applies to all administrative suits.
In civil cases, unless the law provides otherwise, only the rules relating to pecuniary jurisdiction shall be construed to be of public order.
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| Title 4. TRANSITIONAL AND FINAL PROVISIONS | |
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| : 180 | | From the time this organic law shall come into force, all existing courts except Gacaca jurisdictions, shall be replaced by courts provided for by this organic law. | | : 180 | bis(Organic Law N˚14/2006 OF 22/03/2006) | From the date this organic law comes into force, Chambers of the High Court of the Republic, Provincial and the City of Kigali Courts, District, Municipality and Town Courts shall be replaced by the Courts provided for by this Organic Law | | : 181 | (Organic Law N˚14/2006 OF 22/03/2006) | Cases that will be pending and those whose trial had started but whose judgment is not yet rendered at the date this Organic Law comes into force will be forwarded to new courts of competent jurisdiction in accordance with this Organic Law without any further payment of court fees.
Provisions of paragraph one of this article shall also apply to cases whose trial had been concluded but not pronounced at the date when this Organic Law comes into force
| | : 182 | (Organic Law N˚14/2006 OF 22/03/2006) | Appeals of cases decided by Canton Courts, District Courts, Town and Municipality Courts shall be lodged in the Higher Instance Courts.
Appeals of cases decided by Courts of First Instance, Provincial and the City of Kigali Courts shall be lodged in the High Court of the Republic.
Appeals of cases decided by the Military Tribunal shall be lodged in the Military High Court or in the Supreme Court in accordance with the competence of those Courts.
| | : 183 | bis( created by Organic Law N˚14/2006 OF 22/03/2006) | Cases which were in Provincial and the City of Kigali Courts shall be sent to Higher Instance Courts which have jurisdiction to try them in accordance with legal provisions that normally govern territorial jurisdiction. Provisions of paragraph one of this article shall also apply to cases whose trial had begun but whose hearing had not been concluded on the day this Organic Law comes into force | | : 183 | ter(created by Organic Law N˚14/2006 OF 22/03/2006) | Cases which were presented to District, Town and Municipality Courts shall be tried by competent Lower Instance Courts in accordance with legal provisions that normally govern territorial jurisdiction. Provisions mentioned in paragraph one of this article shall also apply to cases whose trial had begun but whose hearing had not been concluded on the day this Organic Law comes into force | | : 183 | (Organic Law N˚14/2006 OF 22/03/2006) | Application for review of cases decided by Canton, District, Municipality and Town Courts shall be done before Lower Instance Courts . Applications for review of cases decided by Courts of first Instance, Provincial and the City of Kigali courts shall be done before Higher Instance Courts or the High Court of the Republic in accordance with powers this Organic Law grants to those courts”. Applications for review of cases decided by Appeal Courts shall be done before the High Court of the Republic. Applications for review of cases decided by the Military Tribunal shall be done before the same court or before the Military High Court in accordance with powers this Organic Law grants to such courts. Applications for review of cases decided by the Military High Court shall be done before the same court | | : 183 | quarto (created by Organic Law N˚14/2006 OF 22/03/2006) | The following applications shall be presented to a competent Higher Instance Court in accordance with legal provisions which determine territorial jurisdiction: 1° applications for revival of cases which were determined by Provincial and the City of Kigali Courts; 2° applications for case review or case opposition determined by Provincial Courts or the City of Kigali Court; 3° applications relating to disputes arising from the execution of judgments rendered by Provincial Courts or the City of Kigali Court; 4° applications for clarification or correction of cases decided by Provincial Courts or the City of Kigali Court; 5° applications for case review with new arguments decided by Provincial Courts or the City of Kigali Courts. Applications mentioned in paragraph one of this article on matters relating to cases decided by District, town and Municipality courts shall be forwarded to the competent Lower Instance Courts in accordance with legal provisions determining territorial jurisdiction | | : 184 | | Matters related to proceedings and execution of cases duly conducted shall remain valid, even if they are irregular or late under the provisions of this organic law. | | : 184 | bis(Organic Law N˚14/2006 OF 22/03/2006) | Procedural matters carried out in judgments by the Chambers of the High Court, Provincial Courts and by the City of Kigali Court and the District, Town and Municipality Courts between the publication of the second constitutional amendment of 8/12/2005 of June 4, 2003 as amended to date, and the publication of this Organic Law shall remain valid | | : 185 | Organic Law N˚14/2006 OF 22/03/2006) | Chambers of the High Court of the Republic, Provincial Courts and the Court of the City of Kigali, District, Town and Municipality Courts shall remain operating until they are replaced by the new Chambers and Courts provided for by this Organic Law.
Competent Chambers and Courts shall continue to receive matters relating to procedures of trial until new Courts start operating
| | : 186 | | Law Decree n° 9/80 of 7th July 1980 determining the organisation, competence and jurisdiction of Courts as modified and complemented to date as well as any other previous legal provisions contrary to this organic law are hereby repealed. | | : 187 | | This Organic Law shall come into force on the date of its publication in the Official Gazette of the Republic of Rwanda |
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