Re EXCEL SECURITY RWANDA LTD

Re EXCEL SECURITY RWANDA LTD

The requirements imposed on private security companies by Law Nº 016 bis/2020 are not discriminatory because private security is a distinct business category with unique public safety implications, justifying differentiated regulation. The police's oversight role is constitutionally and statutorily grounded....

Source-derived case information.

Citation
RLR V.2-2025
Parties
Applicant: EXCEL SECURITY Rwanda Ltd; Respondent: Leta y’u Rwanda
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
22 December 2023
Case Number
RS/INCONST/SPEC 00003/2022/SC
Procedural Posture
Constitutional Petition / Final Judgment
Outcome
Petition dismissed; all claims rejected.
Legal Topics
Equality Before the Law, Non Discrimination, Right to Fair Trial, Private Security Regulation, Administrative Remedies, Privacy, Freedom of Thought
Constitutional Law Administrative Law Commercial Law Equality Before the Law Non Discrimination Right to Fair Trial Private Security Regulation Administrative Remedies +2 more

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Parties

EXCEL SECURITY Rwanda Ltd

Applicant

Leta y’u Rwanda

Respondent

Procedural Posture

Constitutional Petition / Final Judgment

Legal Issues

  1. 1 Whether Articles 5, 6 (6°, 7°, 8°, 9°, 10°), 13, 19, 30, 31(2), and 37 of Law Nº 016 bis/2020 on private security services contravene Articles 15, 16, 23, 29, 37, and 159 of the Constitution of Rwanda
  2. 2 Whether requirements imposed on private security companies constitute unlawful discrimination
  3. 3 Whether administrative appeal to the Minister before court access violates the right to a fair hearing

Ratio Decidendi

The requirements imposed on private security companies by Law Nº 016 bis/2020 are not discriminatory because private security is a distinct business category with unique public safety implications, justifying differentiated regulation. The police's oversight role is constitutionally and statutorily grounded. Administrative appeal to the Minister does not violate the right to a fair hearing, as judicial recourse remains available. Regulatory requirements regarding reporting, technology, and internal rules do not infringe privacy or freedom of thought, as they are reasonable, lawful, and serve legitimate public interests.

Court Disposition

Petition dismissed; all claims rejected.

Orders

  • Petition by EXCEL SECURITY Rwanda Ltd is dismissed in its entirety.
  • All challenged provisions of Law Nº 016 bis/2020 are declared consistent with the Constitution.