The revised Constitution was on Thursday published in the Official Gazette, repealing and replacing the 2003 Constitution. The Minister for Justice, Johnston Busingye, announced the publication of the revised Constitution on his Twitter account yesterday. This comes a week after 98.3 per cent of Rwandan voters backed the revised Constitution in a referendum. The new legal framework was borne of an elaborate process that started with more than 3.7 million Rwandans of all walks of life petitioning Parliament to scrap presidential term limits to allow President Kagame to continue leadership of the country after his second term expires in 2017. The review exercise, which took over six months, involved multiple processes including citizens’ consultations by Members of Parliament, debates in both chambers of Parliament as well as the appointment of a technical commission to support Parliament in the review process. The publication of the revised Constitution in the Official Gazette means that it officially replaces and repeals the former as the established precedents according to which Rwanda is governed, Businyge told Saturday Times. He said the Constitution was a document in the public domain and citizens would be made aware of the amendments through multiple channels. Among ways through which the public would be made aware of the full contents of the revised constitution include availing copies to be published by the Prime Minister’s office, interactions with members of the Rwanda Bar Association, media platforms, government websites and civil society organisations. He said the process was compliant with all domestic and international standards that Rwanda was signatory to, including the time taken in the revision. The minister further noted that the process through which the revision of the Constitution was conducted through was a reflection of the efficiency of systems in the country 21 years after the genocide. Among the major modifications in the Constitution is the number of years for a term of office for the President, senators and the Chief Justice and Deputy Chief Justice. After analysing the public petitions, Parliament resolved to include the revision in two provisions; Articles 101 and 172. Article 101 limits presidential term to five years, thus harmonising with presidential terms in other East African Community State members. Article 172 establishes the principle that provisions under the term limits provision will be effective after the expiry of a seven year term running from 2017, in order to allow for the current development programmes a firm foundation prior to the commencement of the five-year term of office. The promulgated Constitution also modified the length of term of office for senators, which was eight years non-renewable to five years renewable once. The length of term of office for Chief Justice and Deputy Chief Justice, which was eight years non-renewable, was also changed to five years renewable only once. Outdated clauses repealed The revision also saw outdated provisions removed from the Constitution as they were no longer applicable to current Rwanda socio-economic and political setting. These include provisions on Gacaca courts and transitional provisions. In the review process, it was also noted that the 2003 Constitution had some poorly drafted provisions as well as inappropriate terminology that complicated its interpretation. Noting that the Constitution should use in as much as possible clear and unambiguous language, improvement in redrafting provisions, language clean-up and harmonisation of translation were done. During the review process, Cabinet appointed seven independent commissioners to the Constitutional Review Commission mandating them to assist Parliament in working out the amendments of the Constitution. The commission was made up of Dr Augustin Iyamuremye (chairperson), Usta Kayitesi (vice chairperson), Evode Uwizeyimana, John Mirenge, Aimable Havugiyaremye, Loyce Bamwine, and Beata Mukeshimana. Speaking to Saturday Times yesterday, Kayitesi said the revised Constitution was a true reflection of people-led democracy at work. She said in the process of the review, there was a blend of technical expertise from the commission and the will of ordinary citizens. ********************************** THE CONSTITUTION The revised Constitution reduces the length of presidential term from seven to five years renewable only once. However, this change will be preceded by one transitional presidential term of seven years for which any presidential candidates, including President Paul Kagame, will be eligible. The revised Constitution also modified the length of term of office for senators, which was eight years non-renewable to five years renewable once. The term of office for Chief Justice and Deputy Chief Justice, which was eight years non-renewable, was also changed to five years renewable once. editorial@newtimes.co.rw
