Branches of Government

Branches of Government are the following: (a) the Legislature; (b) the Executive; (c) the Judiciary.

The Legislature, the Executive and the Judiciary 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.

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 50% 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.

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, take oath publicly as follows: “I, ……………………., do solemnly swear to Rwanda that I will: (a) remain loyal to the Republic of Rwanda; (b) abide by the Constitution and other laws; (c) safeguard human rights and the interests of the Rwandan people; (d) strive for national unity; (e) diligently fulfil the responsibilities entrusted to me; (f) 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.” the Legislature

Legislative power is vested in a Parliament composed of two Chambers: (a) the Chamber of Deputies, whose members are known as “Deputies”; (b) the Senate, whose members are known as “Senators”.

Parliament debates and passes laws. It legislates and exercises control over Government activities in accordance with procedures determined by this Constitution.

A member of Parliament represents the nation as a whole and not only those who elected or nominated him or her, or the political organisation that seconded his or her candidacy during elections.

The voting right of a member of Parliament is personal.

A member of Parliament is not subject to any instructions in the exercise of his or her voting right.

Before assuming his or her duties, a member of Parliament takes the oath of office publicly before the President of the Republic or, in the absence of the President of the Republic, before the President of the Supreme Court.

On the 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 30 days after the final announcement of election results of members of each Chamber of Parliament.

The President of the 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 his or her duties, a member of the Bureau of each Chamber of Parliament takes the oath of office publicly before the President of the Republic.

An organic law determines entitlements for members of Parliament.

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 law determining the functioning of each Chamber of Parliament provides for other duties incompatible with the office of member of Parliament.

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 majority vote of members present at the sitting of the Plenary Assembly, unless he or she is caught red-handedly committing a felony or misdemeanour.

In the case of a period outside the ordinary session, an extraordinary session is convened for this purpose.

A 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 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 majority vote of members of the Chamber of Parliament concerned.

The Plenary Assemblies of the Chambers of Parliament hold their 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.

For the Plenary Assembly of each Chamber of Parliament to duly sit, it must hold its sittings at designated buildings, upon official invitation, with an agenda, during sessions, and with a presence of at least three-fifths of its members.

Except in the event of force majeure provided for in Article 69 of this Constitution, resolutions of a sitting of the Plenary Assembly held contrary to the provisions of Paragraph (1) of this Article are without effect.

The sittings of the Plenary Assembly of each Chamber of Parliament are public.

However, each Chamber of Parliament may decide, by an absolute majority vote of its members present at the sitting of the Plenary Assembly, 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 of the members of the Chamber concerned or the Prime Minister.

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 considers a matter in joint sitting, it is presided over by the Speaker of the Chamber of Deputies or, 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 determine other matters to be considered jointly by both Chambers of Parliament.

Modalities for taking decisions when Parliament considers a matter in a joint sitting, are provided for by the organic laws governing the functioning of the Chambers of Parliament.

The sittings of the Plenary Assembly 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 and the Speaker of the Chamber of Deputies. These sessions take place on dates specified in the organic law determining 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 Bureau or at the request of the President of the Republic or of one-quarter of the members of the Chamber of Parliament concerned.

An extraordinary joint sitting of both Chamber of Parliament may be convened in extraordinary session 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 onequarter 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 Chamber concerned or the entire Parliament before commencement of the session.

An extraordinary session cannot exceed 15 days.

Each Chamber of Parliament has an organic law determining its functioning.

Each Chamber of Parliament has its own budget and enjoys financial and administrative autonomy.

The Chamber of Deputies is composed of 80 Deputies. They originate and are elected from the following categories: (a) 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; (b) 24 women Deputies elected by specific electoral colleges in accordance with the national administrative entities; (c) two Deputies elected by the National Youth Council; (d) one 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 Paragraph (1) of this Article.

At least 30% of Deputies must be women.

The election of Deputies referred to in Paragraph (1)(a) of this Article are conducted on the same day as the election of the President of the Republic.

The election of the Deputies referred to in paragraph (1)(b)(c)(d) is conducted within the period provided for by relevant laws.

Deputies are elected for a term of office of five years. They may be re-elected for additional terms.

A Deputy vacates his or her seat if – (a) he or she resigns from the Chamber of Deputies; (b) he or she is expelled from the Chamber of Deputies; (c) he or she resigns from the political organisation that seconded him or her; (d) he or she is expelled from the political organisation that seconded him or her, in accordance with provisions of the organic law governing political organisations; (e) the certificate of registration of the political organisation that seconded him or her is revoked; (f) he or she joins another political organisation; (g) he or she has a permanent impediment to fulfil his or her responsibilities; (h) he or she dies.

Disputes relating to the decision to expel a Deputy from the Chamber of Deputies or a political organisation are adjudicated by a competent Court.

A Deputy who vacates his or her seat under the provisions of Article 77 of this Constitution is replaced in accordance with the organic law governing elections.

For election purposes, the President of the Republic dissolves the Chamber of Deputies at least 30 days and not more than 60 days before the end of the parliamentary term.

The Senate is composed of 26 Senators elected or appointed as follows: (a) 12 Senators elected by specific electoral colleges in accordance with national administrative entities; (b) eight 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; (c) four Senators designated by the National Consultative Forum of Political Organisations; (d) one academician or researcher from public institutions of higher learning, holding at least the rank of associate professor, elected by the academic and research staff of those institutions; (e) one academician or researcher from private institutions of higher learning, holding at least the rank of associate professor, elected by the academic and research staff of the same institutions.

In addition to the Senators referred to in Paragraph (1) of this Article, former Heads of State who successfully completed their term of office or resigned voluntarily, become Senators upon their request to the President of the Senate and approval by the Bureau of the Senate within 30 days.

Modalities by which the Supreme Court approves the list of senatorial candidates, 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 or categories referred to in Paragraph (1) 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 appointment of Senators take into account national unity and the principle of gender equality.

At least 30% of Senators elected and Senators appointed must be females.

Disputes arising from the application of this Article are adjudicated by a competent Court.

Elected and appointed Senators serve a five-year term, renewable once.

Senators who are former Heads of the State are not subject to term limits.

A Senator vacates his or her seat if – (a) he or she resigns; (b) he or she is removed from office by a Court decision; (c) he or she has a permanent impediment to fulfil his or her responsibilities; (d) he or she dies.

When an elected Senator vacates his or her seat for any of the reasons provided for in Article 82 of this Constitution, he or she is replaced in accordance with provisions of the organic law governing elections.

When an appointed Senator vacates his or her seat for any of the reasons provided for in Article 82 of this Constitution, 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.

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.

In legislative matters, the Senate is competent to vote on: (a) revision of the Constitution; (b) organic laws; (c) laws approving ratification of international treaties and agreements on – (i) armistice; (ii) peace; (iii) modification of national laws; (iv) status of persons; (v) establishment of an international organisation; (d) laws approving accession of Rwanda to international treaties and agreements on international organisation; (e) laws on defence and national security.

The Senate has the powers to approve the appointment of the following officials: (a) the President, the Vice President and the Judges of the Supreme Court, the President, the Vice President and Judges of the Court of Appeal, the President and the Vice President of the High Court, the President and the Vice President of the Commercial High Court, the Prosecutor General and the Deputy Prosecutor General; (b) 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.

The Senate also approves the appointment of other public officials determined by law.

The Government transmits to the Senate the names and biographical information of officials referred to Paragraphs (1) and (2) of this Article.

The Speaker of the Chamber of Deputies transmits to the President of the Senate draft laws and private members’ bills adopted by the Chamber of Deputies, relating to matters specified in Article 85 of this Constitution. 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 functioning of the Senate.

The initiator of a draft law or private member’s bill transmits it to the Speaker of the Chamber of Deputies.

If a draft, private member’s bill or an amendment of a law has the potential to reduce Government revenue or increase State expenditure, the initiator must indicate means for enabling the State to generate revenues or make savings equivalent to the anticipated expenditure.

Draft laws or private members’ bills approved by the plenary Assembly to have relevance are transmitted to the relevant parliamentary committee of the Chamber of Parliament for consideration prior to their adoption in the plenary Assembly.

During the consideration of the relevance of a draft law or private member’s bill, a Chamber of Parliament may decide to consider and adopt such a draft law or private member’s bill in a plenary sitting without it being subjected to the relevant Committee’s prior consideration.

Ordinary laws are passed by an absolute majority vote of Deputies or Senators present at the sitting of the Plenary Assembly.

Organic laws are passed by a threefifths majority vote of Deputies or Senators present at the sitting of the Plenary Assembly.

The mode and procedure for voting are provided for by an organic law determining the functioning of each Chamber of Parliament.

If it is absolutely impossible for the Parliament to sit, the President of the Republic may during that time enact a decree-law approved by Cabinet. Such a decree-law has the same force as the ordinary law.

The decree-law immediately ceases to have legal force if not adopted by the Parliament at its next session.

A member of Parliament or the Government may request the relevant Chamber of Parliament the urgent consideration of a draft law or private member’s bill or any other matter.

When the request for urgent consideration of a draft law or private member’s bill or any other matter is submitted by a member of Parliament, the relevant Chamber of Parliament decides on the urgency.

When the request for urgent consideration of a draft law or private member’s bill or any other matter is submitted by Government, it is granted if there are reasonable grounds.

When the relevant Chamber of Parliament confirms the urgency of a draft law or private member’s bill or any other matter, it considers the draft law or private member’s bill or any other matter before other items on the agenda.

Draft laws or private member’s bills subject to examination by the Senate are transmitted to the Senate after adoption by the Chamber of Deputies.

If a draft law or private member’s bill 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-fifths 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, a draft law or private member’s bill is returned to its initiator. interpretation of laws

The hierarchy of laws is as follows: (a) Constitution; (b) organic law; (c) international treaties and agreements ratified by Rwanda; (d) ordinary law; (e) orders and regulations provided for by a law.

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.

Authentic interpretation of laws is done by the Supreme Court.

Authentic interpretation of laws may be requested by the 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 of the Republic of Rwanda, the language in which the law was adopted prevails.

Executive Power is vested in the President of the Republic and the Cabinet.

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 is the guarantor of the continuity of the State, independence and sovereignty of the country and the respect for international treaties.

The President of the Republic delivers, once every year, the state of the Nation address.

A candidate for the office of the President of the Republic must: (a) be of Rwandan nationality by origin; (b) not hold any other nationality; (c) be irreproachable in his or her conduct and social relations; (d) not have been definitively sentenced to an imprisonment of six months or more; (e) not have been deprived of civil and political rights by a Court decision; (f) be at least 35 years old at the time of his or her candidacy; (g) reside in Rwanda at the time of submitting his or her candidacy.

Elections for the President of the Republic are held at least 30 days and not more than 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 and its time limit. The organic law also determines other necessary matters to ensure fair and free elections.

The President of the Republic is elected for a five-year term. He or she may be reelected once.

Before assuming office, the President of the Republic publicly takes oath before the President of the Supreme Court as follows: “I, …………………………. do solemnly swear to Rwanda that I will: (a) remain loyal to the Republic of Rwanda; (b) observe and defend the Constitution and other laws; (c) diligently fulfil responsibilities entrusted to me; (d) preserve peace and national sovereignty; (e) consolidate national unity; (f) never use the powers conferred upon me for personal interests; (g) 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 30 days following his or her election. His or her oath of office is administered by the President of the Supreme Court.

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.

The incumbent President of the Republic remains in office until the President-elect assumes office.

However, when the President-elect has not yet assumed office, the incumbent President cannot: (a) declare war; (b) declare a state of emergency; (c) call a referendum; (d) grant mercy to persons definitively sentenced by Courts of law.

During the Presidential transition, the Constitution cannot be revised.

In case the President-elect dies, is permanently unable to assume office or chooses not to take office, new elections are organised.

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 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 or the Deputy Prosecutor General or both.

If the President of the Republic is convicted of offences mentioned in Paragraph (1) of this Article, or if he or she resigns, is permanently incapacitated or dies, the President of the Supreme Court declares the office of President of the Republic vacant.

When the President of the Supreme Court declares the office of President of the Republic vacant, the President of the Republic is 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 Paragraph (4) of this Article is certified by a panel of three 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 the revision of 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 90 days. The President of the Republic who is elected serves the remainder of the term of office of his or her predecessor.

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.

The President of the Republic promulgates a law within 30 days of its receipt.

However, before promulgating the law, the President of the Republic may request Parliament for a second reading.

If, after the request by the President of the Republic for a second reading of a law, the Parliament adopts the law by a two-thirds majority vote for ordinary laws, or by a three-quarters majority vote for organic laws, the President of the Republic promulgates the law within the period referred to in Paragraph (1) of this Article.

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 the provisions of this Constitution or other laws.

On request, the President of the Republic may also call a referendum on matters referred to in Paragraph (2) 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 days from the day the results of the referendum are proclaimed.

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 also signs armistice and peace agreements.

The President of the Republic declares a state of emergency in accordance with provisions of this Constitution and other laws.

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.

The President of the Republic has the power to issue national currency in accordance with the law.

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.

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: (a) implementation of laws if it is within his or her responsibility; (b) establishment of services in the Office of the President, the Senate, the Chamber of Deputies, and in the Judicial Organ and determination of their respective responsibilities.

The President of the Republic enacts Presidential Orders on appointment and termination of service of the following judges and prosecutors: (a) the President, the Vice President and Judges of the Supreme Court; (b) the President, the Vice President and Judges of the Court of Appeal; (c) the President and the Vice President of the High Court and the President and the Vice President of the Commercial High Court; (d) the Prosecutor General and the Deputy Prosecutor General.

The President of the Republic enacts Presidential Orders on the appointment and termination of service of the following senior officials: (a) the Director of Cabinet in the Office of the President of the Republic; (b) Chairpersons, Vice-Chairpersons and other Commissioners of national commissions, Heads and Deputy Heads of Government specialised organs and public institutions; (c) Heads and Deputy Heads of public institutions of higher learning; (d) the Principal Private Secretary to the President of the Republic; (e) Advisers in the Office of the President; (f) Heads of services in the Office of the President; (g) Clerks of Parliament and their Deputies, the Secretary General of the Supreme Court, the Secretary General of the National Public Prosecution Authority, Permanent Secretaries in Ministries and Secretaries General of other State organs; (h) other heads of organs of the State as the law may determine; (i) members of Boards of Directors of public institutions and Government representatives in the enterprises in which the Government is a shareholder.

An organic law determines the benefits granted to the President of the Republic and a former Head 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 granted to a former Head of State.

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.

The Cabinet is composed of the Prime Minister, Ministers, Ministers of State and other members who may be determined by the President of the Republic where considered necessary.

The Prime Minister is appointed and removed from office by the President of the Republic.

Ministers, Ministers of State and other members of Cabinet are appointed by the President of the Republic after consultation with the Prime Minister.

The Prime Minister is appointed within 15 days after the taking oath of the President of the Republic. Ministers, Ministers of State and other members of Cabinet are appointed within 15 days following the appointment of the Prime Minister.

The Cabinet implements national policy 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.

Before assuming office, the Prime Minister, Ministers, Ministers of State and other Cabinet members publicly take the oath before the President of the Republic.

The Prime Minister - (a) leads the functioning of Government in accordance with main guidelines given by the President of the Republic and ensure the implementation of laws; (b) formulates Government programmes in consultation with other Cabinet members; (c) presents Government programmes to Parliament within 30 days from taking office; (d) determines the duties of Ministers, Ministers of State and other Cabinet members; (e) convenes 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 days before the meeting, except for urgent matters considered by extraordinary Cabinet meetings; (f) chairs Cabinet meetings. However, when the President of the Republic is in attendance, he or she chairs the meeting; (g) enacts orders determining the mission, responsibilities and organisational structure of the public services under his or her authority; (h) enacts orders implementing laws if it is within his or her responsibility; (i) enacts orders on the appointment and termination of service of the following senior officials: (i) Director of Cabinet in the Office of the Prime Minister; (ii) Executive Secretaries of national commissions; (iii)Advisers and Heads of service in the Office of the Prime Minister; (iv)other senior officials of State organs where not otherwise specified; (v) 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; (vi)national prosecutors and chief prosecutors at the intermediate level; (vii) public servants appointed at a similar level as those specified in this article and any other officials determined by the law.

The Prime Minister countersigns laws adopted by Parliament, decree-laws and Presidential orders.

An order of the Prime Minister is countersigned by the initiating Cabinet member.

Ministers, Ministers of State and other Cabinet members implement laws through orders when it is in their responsibilities.

The Cabinet functions on the principle of collective responsibility.

The Cabinet deliberates on: (a) draft laws and draft decree-laws; (b) drafts Presidential Orders, drafts Prime Minister’s Orders, drafts Ministerial Orders, draft orders of Ministers of State and other Cabinet members; (c) all other matters in its competence by virtue of this Constitution and other laws.

A Presidential Order determines orders, which are adopted without consideration by Cabinet.

A Presidential Order determines the functioning and decision-making procedures of Cabinet.

Duties of Cabinet members are incompatible with being a member of Parliament or any other remunerated activity.

An organic law determines benefits granted to Cabinet members.

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.

The outgoing Cabinet handles only routine business until a new Cabinet is appointed.

The President of the Republic appoints a new Cabinet in accordance with provisions of Paragraphs (1) and (3) of Article 62 and provisions of Paragraphs (1) and (2) of Article 116 of this Constitution.

A Minister, a Minister of State or other Cabinet member may tender his or her resignation, in writing, to the President of the Republic, through the Prime Minister.

A resignation of a Minister, a Minister of State or other Cabinet member becomes effective if it is not withdrawn by the person concerned within a period of five days and the President of the Republic agrees to the resignation.

Each Chamber of Parliament informs the President of the Republic and the Prime Minister about the agenda of the sittings of the plenary Assembly and committees’ meetings.

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.

When the Prime Minister or other Cabinet members attend sittings of each Chamber of Parliament, they may be accompanied by technical advisers of their choice.

The technical advisers who accompany the Prime Minister or other Cabinet members who attend sittings of a Chamber of Parliament may only take the floor during Committee meetings.

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 activity programme or adoption of a draft law.

The debate on the request for a vote of confidence can only take place after three complete days from the time the request was received by the Chamber of Deputies.

A vote of no confidence may only be passed through a secret ballot by a twothirds majority of Deputies.

When the Chamber of Deputies denies confidence to the Prime Minister, he or she tenders a resignation of Cabinet to the President of the Republic, within 24 hours.

The Chamber of Deputies uses the following methods to exercise oversight over Government activities: (a) oral questions; (b) written questions; (c) hearings before Committees; (d) commission of inquiry; (e) interpellation.

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 of Deputies in case that vote of no confidence is against one of the members of Cabinet, or by at least onethird of Deputies if it concerns the entire Cabinet.

A motion of no confidence cannot be voted upon prior to the expiry of at least 48 hours after its presentation and it is adopted through a secret ballot by at least a two-thirds majority vote of Deputies.

Where the Chamber of Deputies exercises the motion of no confidence against the Cabinet or one or more of its members, it postpones the closure of ordinary or extraordinary sessions in order to ensure the application of the provisions of this Article.

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.

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.

For purposes of exercising oversight over Government activities, 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 Government activities.

However, the Senate cannot conduct interpellation of members of Cabinet or initiate a motion of no confidence against them.

Procedures for parliamentary oversight over Government activities An organic law determines procedures for parliamentary oversight over Government activities.

Without prejudice to the provisions of Article 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.

Election of Deputies takes place within 90 days following the dissolution of the Chamber of Deputies due to serious matters of national concern. The elected Deputies serve the remainder of the term of office.

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.

The Prime Minister presents to both Chambers of Parliament, in a joint sitting, Government activities at least three times a year from the beginning of the first ordinary session of Parliament.

The Prime Minister communicates Cabinet decisions to the Bureau of each Chamber of Parliament within eight days following their approval.

During sessions, Parliament devotes some sittings to 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.

In case the President of the Republic declares war, he or she informs Parliament, in a joint sitting within a period of seven days. The Parliament decides by a simple majority of members of each Chamber.

The President of the Republic addresses one or both of the Chambers of Parliament, either in person or in a message read on his or her behalf by the Prime Minister before both Chamber of Parliament in a joint sitting, or before either Chamber. There is no debate on such communication.

When not in session, the Parliament or one of its Chambers is convened specifically for that purpose.

A state of emergency is provided for by a law and declared by the President of the Republic following approval by Cabinet.

During a state of emergency and within 30 days after its end, no election activity can be held.

A declaration of a state of emergency cannot under any circumstances violate the right to life and physical and mental integrity of the person, the rights granted to people by law in relation to their status, capacity and nationality; the principle of nonretroactivity of criminal law, the right to defence and freedom of thought, conscience and religion.

A declaration of a state of emergency cannot under any circumstances affect powers of the President of the Republic, the Parliament, the Supreme Court and the Prime Minister nor can it modify the principles relating to the responsibility of the State and public servants provided for in this Constitution.

During the 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 emergency the Chamber of Deputies has previously been dissolved or its term has ended, powers of Parliament relating to a state of emergency are exercised by the Senate.

The national commissions, specialised organs and national councils entrusted with the responsibility to help in resolving important issues facing the country are the following: (a) national commissions: (i) National Commission for Human Rights; (ii) National Electoral Commission; (iii) National Public Service Commission. (b) specialised organs: (i) Office of the Ombudsman; (ii) Office of the Auditor General of State Finances; (iii) Gender Monitoring Office; (iv)Chancellery for Heroes, National Orders and Decorations of Honour. (c) national councils: (i) National Women Council; (ii) National Youth Council; (iii)National Council of Persons with Disabilities.

Specific laws determine the mission, organisation and functioning of these organs.

A law may establish another national commission, specialised organ and national council when necessary. The law also determines their mission, organisation and functioning.

When considered necessary, a law may also remove a national commission, specialised organ or national council.

An organic law establishes general provisions governing public institutions.

The National Umushyikirano Council brings together the President of the Republic and citizens’ representatives.

The National Umushyikirano Council meets at least once 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 the National Umushyikirano 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.

The Abunzi Committee is responsible for conciliating parties in conflict with the aim of consolidating unity and peaceful co-existence.

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.

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 statute and code of ethics of prosecutors and personnel of the National Public Prosecution Authority.

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 a candidate for the position of Prosecutor General and the position of Deputy Prosecutor General, after consultation with the Cabinet and the High Council of the National Public Prosecution Authority.

National Prosecutors and chief prosecutors at the intermediate level are appointed by a Prime Minister’s Order after approval by the High Council of the National Public Prosecution Authority.

Other prosecutors are appointed in accordance with the law governing the statute of prosecutors.

The Prosecutor General and Deputy Prosecutor General are appointed for a term of office of five years, renewable once.

The law governing the statute of prosecutors determines the term of office for the chief prosecutors at the intermediate level.

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 case 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.

The High Council of the National Public Prosecution Authority has the responsibility 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.

The Military Prosecution Department is responsible for the prosecution of offences committed by persons who are 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.

The Judicial Authority is vested in the Judicial Organ composed of ordinary Courts and specialised Courts.

The High Council of the Judiciary is the supreme governing organ of the Judiciary. It sets general guidelines governing the administration of the Judiciary.

A law determines the organisation, powers, responsibilities and functioning of the High Council of the Judiciary and its composition.

The Judiciary is independent and enjoys financial and administrative autonomy.

The judicial system is governed by the following principles: (a) justice is rendered in the name of the people and nobody may be a judge in his or her own cause; (b) Court proceedings are conducted in public, unless the Court determines that proceedings be held in camera in circumstances provided for by law; (c) every judgment indicates its basis, is written in its entirety and pronounced as provided for by the law; (d) Court rulings are binding on all parties concerned, be they public authorities or individuals; they cannot be challenged except through procedures determined by law; (e) 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 relevant specific laws.

Courts consist of ordinary and specialised Courts.

Ordinary Courts are comprised of the Supreme Court, the Court of Appeal, 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.

The President and the Vice President of the Supreme Court, the President and the Vice President of the Court of Appeal, the President and the Vice President of the High Court, the President and the 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 the 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.

Judges of the Supreme Court and those of the Court of Appeal 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 and Judges of the Court of Appeal 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 the legislation governing them.

The law governing the statute of judges and judicial personnel determines modalities for their appointment to Courts.

The President, the Vice President and Judges of the Supreme Court, the President, the Vice President and Judges of the Court of Appeal as well as the President and the Vice President of the High Court, the President and Vice President of the Commercial High Court take the oath of office publicly before the President of the Republic.

Other judges take the oath of office before authorities referred to in the law governing them.

The President and the Vice President of the Supreme Court, the President and the Vice President of the Court of Appeal, 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 term of office of five years renewable once.

The law governing the statute of judges and judicial personnel also determines the term of office of judges in charge of other Courts.

The President, the Vice President and Judges of the Supreme Court, the President, the Vice President and Judges of the Court of Appeal, the President and the Vice President of the High Court, the President and the Vice President of the Commercial High Court may be relieved of their duties for misbehaviour, incompetence or gross professional misconduct upon request by a three-fifths majority vote of either the Chamber of Deputies or the Senate, and a decision to remove them from office is taken by Parliament in a joint sitting by a two-thirds majority vote of each Chamber.

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 the legislation governing them.