Re BYANSI (ADD)

Re BYANSI (ADD)

Byansi Samuel Baker, as a journalist, demonstrated a personal and public interest in challenging the constitutionality of the specified criminal law provisions, as they directly relate to his professional responsibilities and could prejudice his rights under the Constitution. The Court held that he has standing to petition.

Citation
RLR V.4-2022
Parties
Petitioner: Byansi Samuel Baker; Respondent: Government of Rwanda
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
24 December 2021
Case Number
RS/INCONST/SPEC 00002/2021/SC
Procedural Posture
Constitutional Petition / Preliminary Determination of Standing
Outcome
Petitioner has standing; hearing to resume.
Legal Topics
Freedom of the Press, Standing to Sue, Constitutionality of Criminal Provisions, Journalistic Privilege
Source Language
en, rw
Constitutional Law Media Law Criminal Law Freedom of the Press Standing to Sue Constitutionality of Criminal Provisions Journalistic Privilege

Case Brief

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Parties

Byansi Samuel Baker

Petitioner

Government of Rwanda

Respondent

Procedural Posture

Constitutional Petition / Preliminary Determination of Standing

Legal Issues

  1. 1 Whether Byansi Samuel Baker has standing (interest) to petition for declaration of unconstitutionality of certain criminal law provisions affecting journalists.

Ratio Decidendi

Byansi Samuel Baker, as a journalist, demonstrated a personal and public interest in challenging the constitutionality of the specified criminal law provisions, as they directly relate to his professional responsibilities and could prejudice his rights under the Constitution. The Court held that he has standing to petition.

Court Disposition

Petitioner has standing; hearing to resume.

Orders

  • Byansi Samuel Baker has interest to petition for declaration of unconstitutionality of articles 156, 157, 194, 218, and 251 of Law n° 68/2018.
  • Hearing of the case shall be resumed on 14/02/2022.