CHAPTER VII. BRANCHES OF GOVERNMENT
Section One. General provisions
Article 61. Branches of Government
Branches of Government are the following:
- The Legislature
- The Executive
- The Judiciary
The three branches are separate and independent from each other but are all complementary. Their responsibilities, organisation and functioning are defined by this Constitution.
The State must ensure that duties in the Legislature, Executive and Judiciary are entrusted to persons of competence and integrity.
Article 62. Power sharing
Power sharing is respected in State institutions in accordance with the fundamental principles set out under Article 10 of this Constitution and the provisions of other laws.
The President of the Republic and the Speaker of the Chamber of Deputies cannot come from the same political organisation.
Cabinet members are selected from political organisations on the basis of seats held by those political organisations in the Chamber of Deputies. However, a political organisation holding the majority of seats in the Chamber of Deputies cannot have more than fifty (50%) per cent of Cabinet members. It is not prohibited for other competent persons to be appointed to Cabinet.
In Parliament, the principle of representation of various categories is respected as provided for by this Constitution and other laws.
Article 63. Oath of public officials
Officials required by this Constitution and other laws to take an oath of office, except for the President of the Republic who has a distinct oath, swear as follows:
“I, ……………………,
do solemnly swear to Rwanda that I will:
- remain loyal to the Republic of Rwanda;
- abide by the Constitution and other laws;
- safeguard human rights and the interests of the Rwandan people;
- strive for national unity;
- diligently fulfil the responsibilities entrusted to me;
- never use powers conferred upon me for personal interests.
Should I fail to honour this oath, may I be subjected to the rigours of the law.
So help me God”.
Section 2. The Legislature
Subsection One. General provisions
Article 64. The Parliament
Legislative power is vested in a Parliament composed of two Chambers:
- the members of the Chamber of Deputies are known as “Deputies”;
- the members of the Senate are known as “Senators”.
Parliament debates and passes laws. It legislates and exercises control over the Executive in accordance with procedures determined by this Constitution.
Article 65. Guiding principles of members of Parliament
Every member of Parliament represents the nation as a whole and not only those who elected or nominated him or her, or the political organisation which seconded his or her candidacy during elections.
The voting right of a member of Parliament is personal.
Members of Parliament are not subject to any instructions in the exercise of their voting right.
Article 66. Commencement of office for members of Parliament
Before assuming their duties, members of Parliament take an oath of office before the President of the Republic, or in his or her absence before the President of the Supreme Court.
On commencement of each parliamentary term of office, the first sitting of each Chamber is devoted to the election of the Bureau composed of the Speaker and Deputy Speakers of the Chamber of Deputies and the President and Vice Presidents of the Senate. This sitting is convened and presided over by the President of the Republic within a period of fifteen (15) days after the announcement of the election results.
The President of Senate and the Speaker of the Chamber of Deputies must be of Rwandan nationality by origin and must not hold any other nationality.
Before assuming their duties, members of the Bureau of each Chamber of Parliament take an oath of office before the President of the Republic.
The composition of the Bureau of each Chamber of Parliament, duties of its members as well as the modalities for holding sessions are provided for by the organic law determing the functioning of each Chamber of Parliament.
Article 67. Duties incompatible with those of a Parliamentarian
No one can be a member of the Chamber of Deputies and the Senate at the same time.
Being a Deputy or a Senator is incompatible with being a Cabinet member.
The organic laws determining the functioning of the Chambers of Parliament provides for other duties incompatible with the office of member of Parliament.
Entitlements for members of Parliament are determined by an organic law.
Article 68. Immunity of members of Parliament and their prosecution
No member of Parliament may be prosecuted, pursued, arrested, detained or judged for his or her opinion expressed or vote cast in the exercise of his or her duties.
No member of Parliament suspected of a felony or misdemeanour may be prosecuted or arrested without the authorisation of the Chamber of which he or she is a member by a two thirds (2/3) majority vote of members present, unless he or she is caught red-handedly committing a felony or misdemeanour.
In case Parliament is in recess, an extraordinary session is convened for this purpose.
Any member of Parliament definitively convicted of a felony or misdemeanour automatically loses his or her parliamentary office.
Each Chamber of Parliament through the organic law determining its functioning may provide for gross misconduct which may lead to the removal from office of a member of that Chamber upon approval of its members. In that case, the decision for removal is taken by a three-fifths (3/5) majority vote of members of the concerned Chamber.
Article 69. Venue for plenary sittings of Chambers of Parliament
Chambers of Parliament hold their plenary sittings at designated buildings in the Capital City, except in the event of force majeure confirmed by the Supreme Court at the request of the President of the Senate or the Speaker of the Chamber of Deputies. In case the Supreme Court is unable to sit, the President of the Republic determines the venue where the Parliament holds its sittings by decree-law.
Article 70. Sittings of plenary sessions
For each Chamber of Parliament to duly sit, it must hold its meetings at designated buildings, upon official invitation, with an agenda, during sessions, and with a presence of at least three fifths (3/5) of its members.
Subject to the provisions of Article 69 of this Constitution, resolutions of a plenary sitting held contrary to the first paragraph of this Article are without effect.
The sittings of each Chamber of Parliament are public.
However, each Chamber of Parliament may decide, by an absolute majority vote of its members present, to sit in camera upon request of the President of the Republic, the President of Senate, the Speaker of the Chamber of Deputies, one quarter (1/4) of the members of the concerned Chamber or the Prime Minister.
Article 71. Joint sittings of the Chambers of Parliament
The Chambers of Parliament cannot meet in a joint sitting, except in case of matters that this Constitution or other laws require to be jointly considered, or on the occasion of national ceremonies to be jointly attended.
When Parliament meets in joint sitting, it is presided over by the Speaker of the Chamber of Deputies, in his or her absence, by the President of the Senate.
The President of the Republic, after consultation with the Bureau of each Chamber of Parliament and the Supreme Court, may establish other matters to be considered jointly by both Chambers of Parliament.
Modalities for taking decisions when Parliament meets in a joint sitting, are provided for by the organic laws governing the functioning of the Chambers of Parliament.
Article 72. Sessions of Chambers of Parliament
Sittings of each Chamber of Parliament take place during ordinary and extraordinary sessions.
In both Chambers of Parliament, ordinary sessions commence on the same day and have the same duration.
Ordinary sessions are convened by the President of the Senate or the Speaker of the Chamber of Deputies. These sessions take place on dates specified in the organic laws governing the functioning of the Chambers of Parliament.
Each Chamber of Parliament meets in an extraordinary session on invitation by its leader after consultation with the other members of the concerned Bureau or at the request of the President of the Republic following a proposal by Cabinet or at the request of one quarter (1/4) of the members of the Chamber of Parliament concerned.
An extraordinary joint session of Parliament may be convened by mutual agreement of the President of the Senate and the Speaker of the Chamber of Deputies, at the request of the President of the Republic, or one quarter (1/4) of the members of each Chamber of Parliament.
An extraordinary session considers only matters for which it was convened and which were brought to the notice of the members of the concerned Chamber or the entire Parliament before commencement of the session.
An extraordinary session cannot exceed fifteen (15) days.
Article 73. Functioning of each Chamber of Parliament
An organic law determines the functionning of each Chamber of Parliament.
Article 74. Autonomy of each Chamber of Parliament
Each Chamber of Parliament has its own budget and enjoys financial and administrative autonomy.
Subsection 2. The Chamber of Deputies
Article 75. Composition of the Chamber of Deputies and election of its members
The Chamber of Deputies is composed of eighty (80) Deputies. They originate and are elected from the following categories:
- fifty-three (53) Deputies elected from a fixed list of names of candidates proposed by political organisations or independent candidates elected by direct universal suffrage based on proportional representation;
- twenty- four (24) women elected by specific electoral colleges in accordance with the national administrative entities;
- two (2) Deputies elected by the National Youth Council;
- one (1) Deputy elected by the National Council of Persons with Disabilities.
The organic law governing elections may increase or decrease the number of Deputies or the categories mentioned in the first paragraph of this Article.
At least thirty percent (30%) of Deputies must be women.
Article 76. Term of office of Deputies
Deputies are elected to a five-year (5) term. They may be re-elected to additional terms.
Article 77. Vacation of office of Deputies
A Deputy vacates his or her seat in the following circumstances:
- resignation from the Chamber of Deputies;
- expulsion from the Chamber of Deputies;
- resignation from the political organisation that seconded him or her;
- expulsion from the political organisation that seconded him or her, in accordance with provisions of the organic law governing political organisations;
- revocation of the certificate of registration of the political organisation that seconded him or her;
- joining another political organisation;
- death;
- permanent impediment to fulfil his or her responsibilties.
Disputes relating to the decision to expel a Deputy from the Chamber of Deputies or a political organisation are adjudicated by a competent Court.
Article 78. Replacement of a Deputy
A Deputy who vacates his or her seat under the terms of Article 77 of this Constitution is replaced in accordance with the organic law governing elections.
Article 79. Dissolution of the Chamber of Deputies for election purposes
For elections purposes, the President of the Republic dissolves the Chamber of Deputies at least thirty (30) days and not more than sixty (60) days before the end of the parliamentary term.
Elections of members of the Chamber of Deputies are held in the period specified in the preceding paragraph, before the end of their term of office.
Subsection 3. The Senate
Article 80. Composition of the Senate
The Senate is composed of twenty-six (26) Senators elected or appointed as follows:
- twelve (12) Senators elected by specific electoral colleges in accordance with national administrative entities;
- eight (8) Senators appointed by the President of the Republic, giving particular consideration to the principles of national unity, the representation of historically marginalised groups, and any other national interests;
- four (4) Senators designated by the National Consultative Forum of Political Organisations;
- one (1) academician or researcher from public universities and institutions of higher learning, holding at least the rank of Associate Professor, elected by the academic and research staff of the same universities and institutions;
- one (1) academician or researcher from private universities and institutions of higher learning, holding at least the rank of Associate Professor, elected by the academic and research staff of the same universities and institutions.
In addition to the Senators referred to in the first paragraph of this Article, former Heads of State who successfully completed their term of office or resigned voluntarily, may become members of the Senate upon their request to the President of the Senate and approved by the Bureau of the Senate within thirty (30) days.
Modalities by which the Supreme Court approves the list of candidates to the position of Senators, their requirements and their election are determined by the organic law governing elections.
The organic law governing elections may also increase or reduce the number and categories referred to in the first paragraph of this Article.
Senators appointed by the President of the Republic are not subject to approval by the Supreme Court and their appointment follows the election and designation of Senators from other organs.
The organs responsible for the nomination of Senators take into account national unity and the principle of gender equality.
At least thirty percent (30%) of elected and appointed Senators must be women.
Disputes arising from the application of this Article are adjudicated by a competent Court.
Article 81. Term of office of members of the Senate
Elected and appointed Senators serve a five (5) year term, renewable once.
Senators who are former Heads of the State are not subject to term limits.
Article 82. Circumstances for vacation of office of a Senator
A Senator vacates his or her seat in the following circumstances:
- resignation;
- death;
- removal from office by a Court decision; or
- a permanent impediment to fulfil his or her responsibilties.
Article 83. Replacement of a Senator
When an elected Senator vacates his or her seat for any of the reasons specified in Article 82 of this Constitution, he or she is replaced in accordance with provisions of the organic law governing elections.
In the case of an appointed Senator, the appointing authority designates his or her replacement.
The newly elected or appointed Senator completes the term of office of his or her predecessor. He or she is eligible for another term of office.
Article 84. Particular responsibility for the Senate
The Senate in particular monitors the application of fundamental principles specified in Article 10 and that of the provisions of Articles 56 and 57 of this Constitution.
Article 85. Powers of the Senate in legislative matters
In legislative matters, the Senate is competent to vote on the following:
- revision or amendment of the Constitution;
- organic laws;
- laws approving international treaties and agreements on armistice, peace, accession to international organisations, modification of national laws, or those approving international treaties and agreements relating to the status of persons;
- laws on defence and national security.
Article 86. Powers of the Senate to approve the appointment of officials
The Senate has the powers to approve the appointment of:
- the President, the vice President and the Judges of the Supreme Court, the President and Vice President of the High Court and of the Commercial High Court, the Prosecutor General and the Deputy Prosecutor General;
- Chairpersons, Vice Chairpersons and other Commissioners of national commissions, the Ombudsman and his or her Deputies, the Auditor General of the State Finances and his or her Deputy, Ambassadors and Permanent Representatives to International Organisations, Provincial Governors and Heads of public institutions and parastatals with legal personality;
The Senate also approves, where necessary, the appointment of other public officials determined by law.
The Government transmits to the Senate the names and biographical information of officials referred to in the first and second paragraphs of this Article.
Article 87. Transmission of draft laws to the Senate
The Speaker of the Chamber of Deputies transmits to the President of the Senate draft laws adopted by the Chamber of Deputies, relating to matters specified in Article 85 of this Constitution.
Subsection 4. Initiation and adoption of laws
Article 88. Right to initiate and amend laws
Initiation and amendment of laws is the right of every Deputy or the Government acting through Cabinet. However, the Senate initiates the draft organic law determining the functionning of the Senate.
The initiator of a draft law transmits it to the Speaker of the Chamber of Deputies.
Article 89. Draft of a law likely to affect the national budget
If a draft or an amendment of a law has the potential to reduce Government revenue or increase State expenditure, the initiator must indicate how the State will raise revenues or make savings equivalent to the anticipated expenditure.
Article 90. Examination of draft laws by Committees
Draft laws determined by the plenary sitting to have relevance are transmitted to the relevant parliamentary committee of the Chamber of Parliament for examination prior to their consideration and adoption in the plenary sitting.
During the consideration of the relevance of a draft law, the Chamber of Parliament may decide if the draft law may be adopted in the plenary sitting without prior consideration by the relevant Committee.
Article 91. Procedures for adoption of law
Ordinary laws are passed by an absolute majority vote of Deputies or Senators present.
Organic laws are passed by a three fifths (3/5) majority vote of Deputies or Senators present entitled to vote.
The mode and procedure for voting are provided for by organic laws determining the functioning of Chambers of Parliament.
Article 92. Initiation and adoption of decree-laws
If it is absolutely impossible for the Parliament to sit, the President of the Republic may during that time promulgate decree-laws approved by Cabinet. These decree-laws have the same force as ordinary laws.
These decree-laws cease to have legal force if not adopted by the Parliament at its next session.
Article 93. Urgent consideration of a draft law or any other matter
Urgent consideration of a draft law or any other matter may be requested by either a member of Parliament or by the Government by petitioning the relevant chamber of Parliament.
When the petition is submitted by a member of Parliament, the relevant Chamber decides on the urgency.
When the petition is submitted by Government, it is granted provided there are reasonable grounds.
When the urgency of the draft law or the matter is confirmed, it is considered before other items on the agenda.
Article 94. Joint committee of Parliament
Draft laws subject to examination by the Senate are transmitted to the Senate after adoption by the Chamber of Deputies.
If the draft law is not approved by the Senate or the amendments proposed by the Senate are not accepted by the Chamber of Deputies, a joint committee composed of an equal number of Deputies and Senators is established to make proposals on the outstanding matters.
A joint Committee of Parliament may also be established, if approved by the Plenary Assembly of each Chamber of Parliament by a three-fifth (3/5) majority vote of its members, to decide on any other matter identified in the law adopted by both Chambers of Parliament so long as the law has not been transmitted for promulgation.
The Plenary Assembly of each Chamber of Parliament is notified of the conclusion reached by the joint committee for decision.
Failure to reach a conclusion by both Chambers of Parliament, the draft law is returned to its initiator.
Subsection 5. Hierarchy of laws and their authentic interpretation
Article 95. Hierarchy of laws
The hierarchy of laws is as follows:
- Constitution;
- organic law;
- international treaties and agreements ratified by Rwanda;
- ordinary law;
- orders.
A law cannot contradict another law that is higher in hierarchy.
Organic laws are those designated as such and empowered by this Constitution to regulate other key matters in the place of the Constitution.
Article 96. Authentic interpretation of laws
Authentic interpretation of laws is done by the Supreme Court.
Authentic interpretation of laws may be requested by Cabinet or the Bar Association.
Any interested person may request for an authentic interpretation of a law through the Bar Association.
In case of conflict between the languages in which a law was published in the Official Gazette, the language in which that law was adopted prevails.
Section 3. The Executive
Article 97. Exercise of Executive Power
Executive Power is vested in the President of the Republic and in Cabinet.
Subsection One. The President of the Republic
Article 98. Responsibilities of the President of the Republic
The President of the Republic is the Head of State.
The President of the Republic is the defender of the Constitution and the guarantor of national unity.
The President of the Republic ensures the continuity of the State, independence and sovereignty of the country and the respect of international treaties.
The President of the Republic, once every year, delivers the state of the Nation address.
Article 99. Requirements of a candidate for the office of President of the Republic
A candidate for the office of the President of the Republic must:
- be of Rwandan nationality by origin;
- not hold any other nationality;
- be irreproachable in his or her conduct and social relations;
- not have been definitively sentenced to an imprisonment of six (6) months or more;
- not have been deprived of civil and political rights by a Court decision;
- be at least thirty five (35) years old at the time of his or her candidacy;
- reside in Rwanda at the time of submitting his or her candidacy.
Article 100. Period and procedure for conducting Presidential elections
Elections for the President of the Republic are held at least thirty (30) days and not more than sixty (60) days before the end of the term of the incumbent President.
The organic law governing elections determines the procedure for submitting presidential candidacy, conducting elections, counting of ballots, resolving election disputes, proclamation of electoral results its timing. The organic law also determines other necessary matters to ensure fair and free elections.
Article 101. Term of office of the President of the Republic
The President of the Republic is elected for a five (5) year term. He or she may be re-elected once.
Article 102. Oath of the President of the Republic
Before assuming office, the President of the Republic publicly swears the following oath before the President of the Supreme Court:
“I, …………………………, do solemnly swear to Rwanda that I will:
- remain loyal to the Republic of Rwanda;
- observe and defend the Constitution and other laws;
- diligently fulfil responsibilities entrusted to me;
- preserve peace and national sovereinty;
- consolidate national unity;
- never use the powers conferred upon me for personal interests;
- strive for the interests of all Rwandans.
Should I fail to honour this oath, may I be subjected to the rigours of the law.
So help me God.”
The President of the Republic takes the oath of office within thirty (30) days following his or her election. His or her oath of office is administered by the President of the Supreme Court.
Article 103. Duties incompatible with the office of the President of the Republic
The office of the President of the Republic is incompatible with any other elective public office, other public civilian or military positions or any other profession.
Article 104. Presidential transition
The incumbent President of the Republic remains in office until the President-elect assumes office.
However, the incumbent President cannot, during this transitional period, exercise the following powers:
- declare war;
- declare a state of siege or a state of emergency;
- call a referendum;
- grant mercy to persons definitively sentenced by Courts of law.
Similarly, the Constitution cannot be amended during that period.
In case the President-elect dies, is permanently unable to assume office or chooses not to take office, new elections are organised.
Article 105. Replacing, or acting on behalf of, the President of the Republic
The President of the Republic ceases to hold office if he or she is definitively sentenced by the Supreme Court for treason or a serious and deliberate violation of the Constitution.
The decision authorising charges to be filed against the President of the Republic in the Supreme Court is taken by a two-thirds (2/3) majority vote of members of each Chamber of Parliament in a joint sitting.
Prosecution against the President of the Republic is conducted by the Prosecutor General, the Deputy Prosecutor General or both.
If the President of the Republic is convicted of offences mentioned in the first paragraph of this article, or if he or she dies, resigns, or is permanently incapacitated, the President of the Supreme Court declares the office of President of the Republic vacant.
The President of the Republic is then replaced in an acting capacity by the President of the Senate, or in his or her absence by the Speaker of the Chamber of Deputies, or in the absence of both by the Prime Minister.
Permanent incapacity referred to in the fourth paragraph of this Article is certified by a panel of three (3) medical doctors nominated by the Minister in charge of health upon request by the President of the Supreme Court.
The acting President of the Republic referred to in this Article cannot appoint public officials, call a referendum, initiate an amendment to the Constitution, exercise the prerogative of mercy, or declare war.
In case the office of the President of the Republic becomes vacant before the end of the President’s term of office, elections to replace him or her are organised within Ninety (90) days. His or her successor is elected for the term of office provided for in Article 101 of this Constitution.
When the President of the Republic is out of the country, sick or temporarily unable to perform his or her duties, the Prime Minister serves in an acting capacity.
Article 106. Powers to promulgate laws
The President of the Republic promulgates a law within thirty (30) days of its receipt.
However, before promulgating the law, the President of the Republic may request Parliament for a second reading.
In this case, if the Parliament adopts the law by a two-thirds (2/3) majority vote for ordinary laws, or by a three-quarters (3/4) majority vote for organic laws, the President of the Republic promulgates the law within the period referred to in the first paragraph of this Article.
Article 107. Powers to call a referendum
The power to call a Referendum is vested in the President of the Republic.
The President of the Republic, after consulting the Supreme Court, may call a referendum on an issue of national interest, on a Constitution, on a draft Constitution, on a law or draft law, in accordance with provisions of this Constitution or any other law.
On request, the President of the Republic may also call a referendum on matters referred to in the second paragraph of this Article.
If the Constitution, the draft Constitution, the law or the draft law is passed by referendum, the President of the Republic promulgates it within a period of eight (8) days from the day the results of the referendum are proclaimed.
Article 108. Powers of the President of the Republic in matters of war, state of siege and state of emergency
The President of the Republic is the Commander-in-Chief of the Rwanda Defence Force.
The President of the Republic declares war. He or she signs armistice and peace agreements.
The President of the Republic declares a state of siege or a state of emergency in accordance with provisions of this Constitution and other laws.
Article 109. Prerogative of mercy
The President of the Republic has the authority to exercise the prerogative of mercy in accordance with the procedures provided for by law and after consultation with the Supreme Court.
Article 110. Power to issue currency
The President of the Republic has the power to issue national currency in accordance with procedures determined by law.
Article 111. Power to represent the State
The President of the Republic represents Rwanda in its foreign relations. He or she may also designate his or her representative.
The President of the Republic appoints Rwanda’s Ambassadors and Special Envoys to foreign States.
Ambassadors and Special Envoys to Rwanda present their Credentials to the President of the Republic.
Article 112. Powers to enact presidential orders
The President of the Republic enacts presidential orders by virtue of the powers vested in him or her by this Constitution and other laws.
Presidential orders on the following matters are approved by Cabinet:
- implementation of laws if it is within his or her responsibility;
- establishment and determination of responsibilities of services in the Office of the President, the Senate, the Chamber of Deputies, and in the Supreme Court;
- coordination of activities and collaboration among national defence and security institutions;
- appointment and dismissal of the following judges and prosecutors:
- the President, Vice President and Judges of the Supreme Court;
- the President and Vice President of the High Court, and the President and Vice President of the Commercial High Court;
- the Prosecutor General and the Deputy Prosecutor General.
- appointment and dismissal of the following officials:
- the Director of Cabinet in the Office of the President of the Republic;
- Chairpersons, Vice Chairpersons and other Commissioners of national commissions, Heads and Deputy Heads of Government specialised organs, public institutions and parastatals with legal personality;
- Heads and Deputy Heads of Public Universities and institutions of higher learning;
- the Principal Private Secretary to the President of the Republic;
- Advisers in the Office of the President;
- Heads of services in the Office of the President;
- Clerks of Parliament and their Deputies, Secretary General of the Supreme Court, Secretary General of the National Public Prosecution Authority, Permanent Secretaries in Ministries and Secretaries General of other public institutions;
- other heads of public institutions as the law may determine;
- members of Boards of Directors of public institutions and Government representatives in the enterprises in which the Government is a shareholder.
The President of the Republic may delegate to another official some of the powers referred to in this Article.
Article 113. Benefits accorded to the President of the Republic
An organic law determines the benefits accorded to the President of the Republic and former Heads of State.
However, when a President of the Republic was convicted of treason or of serious and deliberate violation of the Constitution, he or she is not entitled to the benefits accorded to former Heads of State.
Article 114. Exemption from prosecution for a former president of the Republic
A former President of the Republic cannot be prosecuted for treason or serious and deliberate violation of the Constitution when no legal proceedings in respect of that offence were brought against him or her while in office.
Subsection 2. The Cabinet
Article 115. Composition of Cabinet
The Cabinet is composed of the Prime Minister, Ministers, State Ministers and other members who may be determined by the President of the Republic where deemed necessary.
Article 116. Appointment of Cabinet members
The Prime Minister is selected, appointed and dismissed by the President of the Republic.
Other Cabinet members are appointed by the President of the Republic after consultation with the Prime Minister.
The Prime Minister is appointed within fifteen (15) days after the swearing in of the President of the Republic. Other Cabinet members are appointed within fifteen (15) days following the appointment of the Prime Minister.
Article 117. Responsibilities of Cabinet
The Cabinet implements national policies agreed upon by the President of the Republic and the Cabinet meeting.
The Cabinet is accountable to the President of the Republic and the Parliament. Modalities for exercising oversight over Government by Parliament are determined by this Constitution.
Article 118. Oath of Cabinet members
Before assuming office, the Prime Minister, Ministers, State Ministers and other Cabinet members publicly swear an oath before the President of the Republic.
Article 119. Responsibilities and powers of the Prime Minister
The Prime Minister has responsibilities and powers to:
- lead the functioning of Government in accordance with main guidelines given by the President of the Republic and ensure the implementation of laws;
- formulate Government programmes in consultation with other Cabinet members;
- present Government programmes to Parliament within thirty (30) days from taking office;
- assign duties to Ministers, State Ministers and other Cabinet members;
- convene Cabinet meetings, prepare the agenda of Cabinet meetings in consultation with other Cabinet members, and submit it to the President of the Republic and other members of Cabinet at least three (3) days before the meeting, except for urgent matters considered by extraordinary Cabinet meetings;
- chair Cabinet meetings. However, when the President of the Republic is in attendance, he or she chairs;
- sign orders establishing and determining the organisation and responsibilities of public institutions under his or her authority;
- sign orders appointing or dismissing the following senior civil servants:
- Director of Cabinet in the Office of the Prime Minister;
- Executive Secretaries of national commissions;
- Advisers and Heads of service in the Office of the Prime Minister;
- Other Senior officials of public institutions where not otherwise specified;
- Director Generals and Directors in Parliament, the Supreme Court, the Office of the Prime Minister, the National Public Prosecution Authority, Ministries and other public institutions;
- National Prosecutors, Prosecutors at the intermediate and primary levels;
- Civil servants appointed at a similar level as those specified in this Article and any other official as the law may determine when necessary.
Other Civil servants are appointed in accordance with specific laws.
Article 120. Countersigning of laws and orders
The Prime Minister countersigns laws adopted by Parliament, decree-laws and orders, signed by the President of the Republic.
Orders of the Prime Minister are countersigned by Ministers, State Ministers and other Cabinet members responsible for their implementation.
Article 121. Implementation of laws by Cabinet members
Ministers, State Ministers and other Cabinet members implement laws through orders when it is in their responsibilities.
Article 122. The Cabinet meeting
The Cabinet functions on the principle of collective responsibility.
The Cabinet meeting deliberates on the following:
- draft laws and draft decree-laws;
- drafts of presidential orders, Prime Minister’s orders, orders issued by Ministers, State Ministers and other Cabinet members;
- all other matters in its competence by virtue of this Constitution and other laws.
A presidential order determines the functioning, membership and decision-making procedures of Cabinet.
A presidential order also determines orders issued by Ministers, State Ministers and by other Cabinet members, which are adopted without consideration by Cabinet.
Article 123. Incompatibilities with duties of Cabinet members as well as their benefits
Duties of Cabinet members are incompatible with being a member of Parliament or any other remunerated activity.
Other duties incompatible with being a member of Cabinet are determined by the law on leadership code of conduct.
An organic law determines the benefits of Cabinet members.
Article 124. Vacation of office of the Prime Minister and appointment of a new Cabinet
The Prime Minister’s resignation or vacation of office for any reason leads to the resignation of all the other members of Cabinet.
The President of the Republic receives the resignation of Cabinet when submitted by the Prime Minister.
During this period, the outgoing Cabinet only handles routine business until a new Cabinet is appointed.
The President of the Republic appoints a new Cabinet in accordance with the first and third paragraphs of Article 62 as well as the first and second paragraphs of Article 116 of this Constitution.
Article 125. Resignation of Cabinet members
Any Minister, State Minister or any other Cabinet member may individually tender his or her resignation in writing to the President of the Republic through the Prime Minister.
The resignation becomes effective if it is not withdrawn by the concerned person within a period of five (5) days and the President of the Republic agrees to it.
Subsection 3. Collaboration between the Legislature and the Executive
Article 126. Informing Cabinet of the activities of Parliament
Each Chamber of Parliament informs the President of the Republic and the Prime Minister about the agenda of plenary sittings and parliamentary committees.
The Prime Minister and other Cabinet members may attend sittings of each Chamber of Parliament if they wish. They take the floor whenever they request to do so.
They may be accompanied by technical advisers of their choice if necessary.
These technical advisers may only take the floor during Committee meetings.
Article 127. Vote of confidence for Government programmes
The Prime Minister may, upon approval by Cabinet, request the Chamber of Deputies to pass a vote of confidence either with respect to the approval of Government programmes or adoption of a draft law.
The debate on the request for a vote of confidence can only take place after three (3) complete days from the time the request was received.
A vote of no confidence may only be passed through a secret ballot by a two-thirds (2/3) majority of members of the Chamber of Deputies.
In case the Prime Minister loses a vote of confidence, he or she tenders a resignation of Cabinet to the President of the Republic, within twenty four (24) hours.
Article 128. Modalities of exercising oversight by the Chamber of Deputies over Government Activities
The Chamber of Deputies uses the following methods to obtain information and exercise oversight over Government activities:
- oral questions;
- written questions;
- hearings before Committees;
- commissions of inquiry;
- interpellation.
An organic law determines the procedures by which Parliament obtains information and exercises oversight over Government activities.
Article 129. Motion of no confidence against the Government, or one or more of its members
The Chamber of Deputies may question the performance of Cabinet, or of one or more of Cabinet members through a vote of no confidence.
A motion of no confidence is only accepted after interpellation and only when the motion is signed by at least one fifth (1/5) of members of the Chamber of Deputies in case that vote of no confidence is against one of the members of Cabinet, or by at least one third (1/3) of members of the Chamber of Deputies if it concerns the entire Cabinet.
A motion of no confidence cannot be voted upon prior to the expiry of at least forty-eight (48) hours after its presentation and it is adopted through a secret ballot by at least a two-thirds (2/3) majority vote of members of the Chamber of Deputies.
In such a situation, the Chamber of Deputies postpones the closure of ordinary or extraordinary sessions in order to ensure the application of provisions of this Article.
Article 130. Resignation due to a vote of no confidence
A Cabinet member against whom a vote of no confidence is passed tenders his or her resignation to the President of the Republic through the Prime Minister.
When the vote of no confidence is passed against the entire Cabinet, the Prime Minister tenders a resignation of the entire Cabinet to the President of the Republic.
In case a motion of no confidence is rejected, signatories to the motion are not allowed to introduce a similar motion during the same session.
Article 131. Modalities for exercising oversight by the Senate over Government activities
For purposes of obtaining information and exercising oversight over Government activities, members of the Senate may put oral or written questions to the Prime Minister to which he or she responds either in person if the questions concern the entire Cabinet or several Ministries collectively or through concerned Cabinet members.
The Senate may, in addition, set up commissions of inquiry for oversight over Cabinet activities.
An organic law determines procedures for inquiries and oversight over Government activities.
However, the Senate cannot conduct interpellation or initiate a motion of no confidence.
Article 132. Dissolution of the Chamber of Deputies due to serious matters of national concern
Without prejudice to provisions of Articles 77 and 79 of this Constitution, the President of the Republic, after consultation with the Prime Minister, the Speaker of the Chamber of Deputies, the President of the Senate and the President of the Supreme Court, may dissolve the Chamber of Deputies due to serious matters of national concern.
Elections of members of the Chamber of Deputies take place within ninety (90) days following this dissolution.
The President of the Republic cannot dissolve, more than once during his or her term of office, the Chamber of Deputies due to serious matters of national concern.
The Senate cannot be dissolved.
Article 133. Informing Parliament of Government activities
Once in a session of Parliament, the Prime Minister comes to inform both Chambers of Parliament in a joint sitting, about Government activities.
The Prime Minister communicates Cabinet decisions to the Bureau of each Chamber of Parliament within a period of eight (8) days following their approval.
During sessions, Parliament devotes some sittings for questions by members of Parliament to Cabinet and responses thereto.
The Cabinet must provide Parliament with all the required explanations on its activities and management thereof.
Article 134. Informing the Parliament of a declaration of war
In case the President of the Republic declares war, he or she informs Parliament, in a joint sitting within a period of seven (7) days. The Parliament adopts a vote on the matter by a simple majority of members of each Chamber.
Article 135. Presidential address to Parliament
The President of the Republic addresses one or both Chambers of Parliament, either in person or in a message read on his or her behalf by the Prime Minister. There is no debate on such communication.
When not in session, the Parliament or one of its Chambers is convened specifically for that purpose.
Article 136. State of Siege and state of Emergency
A state of siege and a state of emergency and are provided for by law and declared by the President of the Republic, following approval by Cabinet.
A declaration of a state of siege or a state of emergency must be clearly justified, specify the part of national territory to which it applies and its consequences, indicate the rights, freedoms and guarantees provided by law that are suspended and the duration of the state of siege or state of emergency which may not exceed a period of fifteen (15) days.
The state of siege or a state of emergency cannot be extended beyond a period of fifteen (15) days without approval of Parliament, which requires a two-thirds (2/3) majority vote of the members of each Chamber.
During war, if state of siege has been declared, a law may set a longer duration than the one provided for in the preceding paragraph.
The duration of a state of siege cannot exceed the period necessary to ensure the return to a normal democratic situation.
A declaration of a state of siege or state of emergency cannot under any circumstances violate the right to life and physical integrity of the person, the rights accorded to people by law in relation to their status, capacity and nationality; the principle of non-retroactivity of criminal law, the right to defence and freedom of conscience and religion.
A declaration of a state of siege or state of emergency cannot under any circumstances affect powers of the President of the Republic, the Prime Minister, the Parliament or the Supreme Court nor can it modify the principles relating to the responsibility of the State and public officials provided for in this Constitution.
During and within thirty (30) days after a state of siege or state of emergency, no elections of any kind can be held.
Article 137. Declaration of state of siege and state of emergency
A state of siege cannot be declared on the entire or a part of the national territory unless in the event of effective or imminent aggression by a foreign State, faces serious threat or danger to constitutional order.
A state of emergency is declared on the entire or part of the national territory when the country faces a public disaster or constitutional crisis whose gravity does not warrant the declaration of a state of siege.
Article 138. Parliament during a state of siege or state of emergency
During the state of siege or state of emergency, the Chamber of Deputies cannot be dissolved and both Chambers of Parliament are recalled immediately if they are in recess.
If at the date of a declaration of a state of siege or state of emergency the Chamber of Deputies has previously been dissolved or its term of office has ended, powers of Parliament relating to a state of siege or state of emergency are exercised by the Senate.
Subsection 4. Other State organs
Article 139. National commissions, specialised organs, national councils and public institutions
The national commissions, specialised organs and national councils entrusted with the responsibility to help in resolving important issues facing the country are the following:
- national commissions:
- National Commission for Human Rights;
- National Unity and Reconciliation Commission;
- National Commission for the Fight against Genocide;
- National Electoral Commission;
- National Public Service Commission.
- Specialised organs:
- Office of the Ombudsman;
- Office of the Auditor General of State Finances;
- Gender Monitoring Office;
- Chancellery for Heroes, National Orders and Decorations of Honour;
- Rwanda Academy of Language and Culture.
- National Councils:
- National Women Council;
- National Youth Council;
- National Council of Persons with Disabilities.
Specific laws determine the mission, organisation and functioning of these institutions.
A law may establish other national commissions, specialised organs and national councils when necessary. That law also determines their mission, organisation and functioning.
When deemed necessary, a law may also remove national commissions, specialised organs or national councils.
An organic law establishes general provisions governing public institutions.
Subsection 5. National Umushyikirano Council and Abunzi Committee
Article 140. National Umushyikirano Council
The National Umushyikirano Council brings together the President of the Republic and citizens representatives.
The National Umushyikirano Council meets at least once (1) a year. It debates issues relating to the state of the Nation and national unity.
The President of the Republic convenes and presides over the National Umushyikirano Council and determines those who participate.
Resolutions of this Council are submitted to the relevant institutions to enable them to improve their service delivery to the population.
A presidential order may provide for other matters for the National Umushyikirano Council.
Article 141. Abunzi Committee
The Abunzi Committee is responsible for conciliating parties in conflict with the aim of consolidating national unity and peaceful coexistence among Rwandans.
The Abunzi Committee is comprised of persons of integrity who are recognised for their conciliation skills.
A law determines the organisation, territorial jurisdiction, competence and functioning of the Abunzi Committee.
Subsection 6. Public Prosecution
Article 142. National Public Prosecution Authority
The National Public Prosecution Authority is responsible for investigating and prosecuting offences throughout the country.
The National Public Prosecution Authority is a single institution. It is composed of the Office of the Prosecutor General, the public prosecution service at the intermediate level and the public prosecution service at the primary level.
The Office of the Prosecutor General consists of the Prosecutor General, the Deputy Prosecutor General and National Prosecutors.
A law determines the organisation, functioning and competence of the National Public Prosecution Authority.
A law determines the status and code of ethics of prosecutors.
Article 143. Appointment of prosecutors
The Prosecutor General and the Deputy Prosecutor General are appointed by a presidential order after approval by the Senate.
The President of the Republic nominates one candidate for each position after consultation with the Cabinet and the High Council of the National Public Prosecution Authority.
Other prosecutors are appointed by Prime Minister’s order after approval by the High Council of the National Public Prosecution Authority.
The law governing the status of prosecutors determines modalities of the swearing in of public prosecutors mentioned under this Article.
Article 144. Term of office of prosecutors in charge of prosecution services
The Prosecutor General and Deputy Prosecutor General are appointed for a five (5) year term, renewable once.
The law governing the status of prosecutors determines the term of office for the Chief Prosecutors at the intermediate level.
Article 145. Collaboration between the National Public Prosecution Authority and other organs
The National Public Prosecution Authority is under the supervision of the Minister in charge of Justice.
In matters relating to prosecution of offences, the Minister in charge of justice determines the general policy and may, in public interest, issue written instructions to the Prosecutor General to undertake or refrain from investigating and prosecuting an offence.
The Minister may also, in cases of urgency and in public interest, issue written instructions to any Prosecutor to investigate and prosecute or refrain from investigating and prosecuting an offence and inform the Prosecutor General of such instructions.
Prosecutors are independent from parties and judges.
Article 146. High Council of the National Public Prosecution Authority
The High Council of the National Public Prosecution Authority has the responsiblity to provide general policy guidelines and to ensure smooth functioning of the prosecution services throughout the country.
A law determines the organisation, powers and functioning of the High Council of the National Public Prosecution Authority.
Article 147. Military Prosecution Department
The Military Prosecution Department is responsible for the prosecution of offences committed by persons subject to the jurisdiction of military Courts. It investigates and prosecutes offences before military Courts.
The Military Prosecution Department is headed by the Military Prosecutor General assisted by the Deputy Military Prosecutor General.
A law determines the organisation, jurisdiction and functioning of the Military Prosecution Department.
Section 3. The Judiciary
Subsection One. General provisions
Article 148. Judicial Authority
The Judicial authority is vested in the Judiciary composed of ordinary Courts and specialised Courts.
Article 149. High Council of the Judiciary
The High Council of the Judiciary is the supreme governing organ of the Judiciary. It sets general guidelines governing the organisation of the Judiciary.
A law determines the organisation, powers and functioning of the High Council of the Judiciary. It also determines its membership.
Article 150. Independence of the Judiciary
The Judiciary is independent and exercises financial and administrative autonomy.
Article 151. Principles of the judicial system
The judicial system is governed by the following principles:
- justice is rendered in the name of the people and nobody may be a judge in his or her own cause;
- Court proceedings are conducted in public unless the Court determines that proceedings be held in camera in circumstances provided for by law;
- every judgment must indicate its basis, be written in its entirety, and delivered in public together with the grounds and the decision taken;
- Court rulings are binding on all parties concerned, be they public authorities or individuals. They cannot be challenged except through procedures determined by law;
- in exercising their judicial functions, judges at all times do it in accordance with the law and are independent from any power or authority.
The code of conduct and integrity of Judges is determined by specific laws.
Subsection 2. Courts and Judges
Article 152. Classification of Courts
Courts consist of ordinary and specialised Courts.
Ordinary Courts are comprised of the Supreme Court, the High Court, Intermediate Courts and Primary Courts.
Specialised Courts are comprised of Commercial Courts and Military Courts.
An organic law may establish or remove an ordinary or a specialised Court.
A law determines the organisation, functioning and jurisdiction of Courts.
Article 153. Appointment of Judges in charge of Courts
The President and Vice President of the Supreme Court, the President and Vice President of the High Court, and the President and Vice President of the Commercial High Court are appointed by a presidential order after approval by the Senate. The President of the Republic appoints them after consultation with Cabinet and the High Council of the Judiciary.
The President of Supreme Court must be of Rwandan nationality by origin and must not hold any other nationality.
Judges in charge of other ordinary Courts and commercial Courts are appointed by the High Council of the Judiciary.
Article 154. Appointment of other Judges
Judges of the Supreme Court are appointed by the President of the Republic after consultation with the Cabinet and the High Council of the Judiciary. The President of the Republic submits to the Senate a list of candidates whose number equals that of vacant posts of judges of the Supreme Court, for their approval.
Other Judges of other ordinary Courts and commercial Courts provided for by this Constitution are appointed by the High Council of the Judiciary.
Judges of military Courts are appointed in accordance with laws governing them.
The law governing the status of Judges and other judicial personnel determines modalities for their appointment to Courts.
Article 155. Swearing in of Judges
The President, Vice President, and Judges of the Supreme Court, as well as the Presidents and Vice Presidents of the High Court and Commercial High Court swear an oath of office before the President of the Republic.
Other Judges take an oath of office before authorities referred to in the law governing them.
Article 156. Term of office of Judges in charge of Courts
The President and the Vice President of the Supreme Court are appointed for a five (5) year term renewable once.
The President and the Vice President of the High Court, the President and the Vice President of the Commercial High Court are appointed for a five (5) year term renewable once.
The law governing the status of Judges and judicial personnel also determines the term of office of Judges in charge of other Courts.
Article 157. Removal of Judges
The President, Vice President and Judges of the Supreme Court, as well as the Presidents and Vice Presidents of the High Court and the Commercial High Court may be relieved of their duties for misbehaviour, incompetence or gross professional misconduct upon request by a three-fifths (3/5) majority vote of either the Chamber of Deputies or the Senate, and a decision to remove them from office is taken by a two-thirds (2/3) majority vote of each Chamber of Parliament in a joint sitting.
Other Judges of other ordinary Courts and commercial Courts provided for by this Constitution are removed from office by the High Council of the Judiciary.
Judges of military Courts are removed from office in accordance with laws governing them.
