The new Chairperson of Rwanda Law Reform Commission (RLRC) Domitille Mukantaganzwa has been advised to pay attention to ensure laws that are enacted do not collide with existing legislations. The advice was given Friday by the new Chief Justice Faustin Ntezilyayo, during the swearing-in of Mukantaganzwa, a function that took place at the Supreme Court in Kigali. This year alone, the Supreme Court ordered the amendment of three laws which were successfully petitioned against by lawyers on basis of not being in line with the Constitution. “There is need to pay attention when enacting new laws and amending existing ones so that there be no contradiction or collision in our laws,” he said. “They have consequences to both users and the implementers since decisions are taken basing on such laws bring confusion rather than solving the problem. I know that the commission will take it upon itself to see that the laws that are put in place are worthy”. On a specific note, Ntezilyayo requested Mukantaganzwa to work on the amendment of Article 133 of the Penal Law so that punishments given under it will follow general principles in the benefit respecting people’s rights to due process. In a ruling that took place December 4, the Supreme Court declared clause 5 of Article 133 of the 2018 Penal Law null and void. The clause stated that: “If child defilement is followed by cohabitation as husband and wife, the penalty is life imprisonment that cannot be mitigated by any circumstances.” In its ruling, Supreme Court agreed with the petitioner, Certa Law, that the clause limits judges from exercising their constitutionally-bestowed powers to adjudicate cases independently. Likewise, in November, the Supreme Court declared that article 19 of the law determining the sources of revenue and property in decentralised entities – also known as property tax law is no longer valid; and earlier in April, the same court ruled in favour of Richard Mugisha a Kigali lawyer who petitioned for the decriminalisation of defamation against public officials. Ntezilyayo said the new president and her commission have a task of deeply analyzing laws before they are gazetted so that: “When a law comes out it will be a solution not a problem to the wellbeing of the citizens”. On her part, Mukantaganzwa said in an interview with media that she will put emphasis on getting ideas from citizens so that new laws will take into account their input. “Just like our constitution was enacted basing on the consultations of citizens, it is good that other laws that come up will also take into consideration the citizens’ ideas. We shall carry out consultations and educate people about the laws that govern them so that they will not just be meeting the law when it is punishing them for crimes.” Mukantaganzwa formerly served as the Executive Secretary for National Gacaca Jurisdictions, and Ntezilyayo believes that the “exemplary work” she showcased at the helm of the institution can be leveraged into the commission. “We have faith that the new president of the RLRC will accomplish her responsibilities, basing on the fact that in the past she handled great tasks and accomplished them well,” he said. Mukantaganzwa was appointed by President Paul Kagame earlier this month to replace Aimable Havugiyaremye who was appointed as the Prosecutor-General.
