DEMOCRATIC GREEN PARTY OF RWANDA v. GOVERNMENT OF RWANDA

DEMOCRATIC GREEN PARTY OF RWANDA v. GOVERNMENT OF RWANDA

The Constitution of Rwanda does not prohibit the amendment of article 101 relating to presidential terms, provided the amendment follows the procedure set out in article 193, including adoption by Parliament and, where required, a referendum. The petitioner's claim that article 101 is unamendable is unsupported by the text of the Constitution. The State may be sued in such cases to provide explanations regarding its role in constitutional amendments.

Citation
RLR V.1-2016
Parties
Petitioner: Democratic Green Party of Rwanda; Respondent: Government of Rwanda
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
8 October 2015
Case Number
RS/SPEC/0002/15/CS
Procedural Posture
Constitutional Petition / Final Judgment
Outcome
Petition dismissed
Legal Topics
Constitutional Amendment, Presidential Term Limits, Jurisdiction of Supreme Court, Role of State in Constitutional Litigation, Referendum Procedures
Source Language
en, rw
Constitutional Law Constitutional Amendment Presidential Term Limits Jurisdiction of Supreme Court Role of State in Constitutional Litigation Referendum Procedures

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Parties

Democratic Green Party of Rwanda

Petitioner

Government of Rwanda

Respondent

Procedural Posture

Constitutional Petition / Final Judgment

Legal Issues

  1. 1 Whether the Government of Rwanda should be sued in a constitutional amendment case
  2. 2 Whether the Constitution of Rwanda prohibits the amendment of article 101 concerning presidential term limits

Ratio Decidendi

The Constitution of Rwanda does not prohibit the amendment of article 101 relating to presidential terms, provided the amendment follows the procedure set out in article 193, including adoption by Parliament and, where required, a referendum. The petitioner's claim that article 101 is unamendable is unsupported by the text of the Constitution. The State may be sued in such cases to provide explanations regarding its role in constitutional amendments.

Court Disposition

Petition dismissed

Orders

  • Petition by Democratic Green Party of Rwanda is dismissed as without merit
  • The Constitution of Rwanda does not prevent amendment of article 101