Re BYANSI Samuel BAKER 2

Re BYANSI Samuel BAKER 2

Byansi Samuel Baker, as a journalist, has both a personal and public interest in challenging the constitutionality of the impugned provisions, as they directly affect his professional duties and the broader right to freedom of the press. The Court held that standing in constitutional cases should be interpreted broadly, and the applicant sufficiently demonstrated a specific and general interest to proceed.

Citation
RLR V. 4 - 2022
Parties
Applicant: Byansi Samuel Baker; Respondent: Republic of Rwanda
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
24 December 2021
Case Number
RS/INCONST/SPEC 00002/2021/SC
Procedural Posture
Constitutional Petition / Interlocutory Decision on Standing (interest to Sue)
Outcome
Applicant has standing; proceedings to continue.
Legal Topics
Freedom of the Press, Standing (interest to Sue), Constitutionality of Statutes, Journalistic Privilege
Source Language
rw, en
Constitutional Law Media Law Criminal Law Freedom of the Press Standing (interest to Sue) Constitutionality of Statutes Journalistic Privilege

Case Brief

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Parties

Byansi Samuel Baker

Applicant

Republic of Rwanda

Respondent

Procedural Posture

Constitutional Petition / Interlocutory Decision on Standing (interest to Sue)

Legal Issues

  1. 1 Whether Byansi Samuel Baker has sufficient interest (standing) to challenge the constitutionality of Articles 156, 157, 194, 218, and 251 of Law No 68/2018 as inconsistent with Articles 15 and 38 of the Constitution.

Ratio Decidendi

Byansi Samuel Baker, as a journalist, has both a personal and public interest in challenging the constitutionality of the impugned provisions, as they directly affect his professional duties and the broader right to freedom of the press. The Court held that standing in constitutional cases should be interpreted broadly, and the applicant sufficiently demonstrated a specific and general interest to proceed.

Court Disposition

Applicant has standing; proceedings to continue.

Orders

  • The Court finds Byansi Samuel Baker has sufficient interest to bring the constitutional challenge.
  • The hearing of the substantive petition is scheduled to continue on 14/02/2022.