NDEJEJE v. THE STATE OF RWANDA (MINALOC)

# NDEJEJE v. THE STATE OF RWANDA (MINALOC)

- Source: Amategeko - Section: Decisions (Judgements) - Date: 2014-09-02 - Case/document no.: RADA 0036/12/CS - Collection: Supreme Court

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NDEJEJE V The state of Rwanda (MINALOC) [Rwanda Supreme Court – RADA 0036/12/CS (Mutashya, P.J., Nyirinkwaya and Rugabirwa, J.) 02 September 2014] Law of administrative procedure – Evidence – The judge has the power to request the production of evidence even if the debate is closed. Facts: Ndejeje sued the State of Rwanda before the High Court asserting that it perform the contract they concluded of preparation of program advertising its activities of the project DCDP, from its beginning up to the end that had to broadcasted on Radio Rwanda and TV. He asserts that it declined to pay the amount of money he worked for which include 330,750 Rwf as a difference of the agreed price for each program equal to 129,500 Rwf but he was paid 124,250 in 63 programs prepared, the amount deducted as a tax in December 2008 yet he paid it in the month of March of that year and requested various damages. That court held that his claim is not founded and ordered him to pay the State of Rwanda damages due to abuse of procedure. Ndejeje appealed before the Supreme Court asserting that the first instance court disregarded the evidence he produced and requested they be examined and therefore be awarded the claimed damages. That case was heard and closed. Held: Before ruling over the case, it is necessary to reopen the hearing and the Rwanda Broadcasting Board submits the records of the programs of the project DCDP/MINALOC aired on Rwanda Television in the program of the programs of decentralization The hearing will be reopened; The senior management of RBA has to submit before the court the recordings of the programs of the project DCDP/MINALOC broadcasted on Rwanda Television in the programs of the programs of decentralization. No laws referred to. No cases referred to JUDGMENT SUMMARY OF FACTS [1] In 2006 the State of Rwanda (MINALOC) through its project DCDP made procurement advertising its activities until its completion and they had to be broadcasted on Rwandan television and Radio Rwanda, and Ndejeje Jean Damascène was awarded that tender, and both parties concluded the contract that was renewed throughout the time. [2] NDEJEJE sued the State (MINALOC) asserting that in the end of 2008 it started to breach the contract by non-payment of the money he has worked for that includes 330.750 Rwf originating from the difference between the price they agreed for each program equal to 129.500 Rwf but was paid 124.250 Rwf in 63 programs and 217.700 rwf of 3% tax ducted in 12/2008 yet he paid it in March of that year. He also claimed 518.000 Rwf of 4 programs he prepared which broadcasted on

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Radio Rwanda, 4,092,000 Rwf originating from the order form nº 686/2008, nº 694/2008 and nº 562/2006 and damages for the loss of chance to gain (manque à gagner) equal to 40, 533, 500 Rwf due to reduction of programs on Rwanda and the loss of 89, 358, 000 Rwf that were reduced on Rwanda Television as the contract was for undetermined period and 11, 000,000 Rwf he borrowed in CT Murambi so that he can perform the contract, which made it necessary to sell the security so that he can pay as the State breached the contract. [3] The High Court found that the amount Ndejeje claimed of the difference between what he was owed and what he was paid cannot be proven as he did not prove their evidence, and that of 4 programs he prepared in 12/2008 and that originating from the 2 order forms he was given is not founded as he asserts that he was paid one of it and for the other he does not prove that those programs were broadcasted on Television. With regard to the tax of 3% withheld, the Court ruled that it was made for the purpose of complying with the law nº 16/2005 on 18/08/2005 on direct tax on income. [4] With regard to the losses he claimed for, the court found that the contract was concluded after 03/03/2008 was for 9 months subject of renewal, thus it had to come to an end after that period and for other damages, proceedings fee and counsel’s honorary ruled that he should not be awarded them since his claim is not founded. [5] With regard to damages claimed by the State due to abuse of procedure, the court ordered NDEJEJE to pay it 500,000 Rwf. [6] NDEJEJE appealed before the Supreme Court asserting that the court in this case disregarded evidence he submitted to it and he claimed that they be examined, and therefore be awarded damages he claimed. [7] The case was public heard on 14/10/2014, NDEJEJE Jean Damascène represented by Me NIYIBIZI Jean Baptiste, the State of Rwanda represented by Me MBONERA Théophile, the State attorney, and they were notified that the judgment will be rendered on 21/11/2014. [8] After the examination of the dossier in deliberation, the Supreme Court found that before rendering the final judgment it is necessary to reopen debates so that the Rwanda Broadcasting Agency (RBA) submits the recordings of programs of DCDP/MINALOC that it asserts in the letter nº 0954/12.01 of 18/08/2014 it addressed to Niyibizi that they were broadcasted on Rwanda Televsion in the programs for decentralization. [9] Those programs are the followings: Performance contracts of Nyamagabe, Nyagatare, Gatsibo, Gicumbi and Huye districts; The award of cows in Gicumbi; The achievements of the year 2007, and prospects of 2008; The performance contracts of Bugesera districts (Cassava farmers) COURT DECISION [10] It holds that the hearing will be reopened on 20/01/2015. [11] It ordered that that the senior management of Rwanda Broadcasting Agency submits to it recordings of all programs of the project DCDP/MINALOC stated above, broadcasted on Rwanda Televsion in the programs of decentralization.

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[12] It rules that the court fee is suspended.