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Rwanda decisions
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The Supreme Court held that silence on an informal appeal did not amount to acceptance and refused to order Rukundo Innocent’s admission to the Bar.
The Court held that the challenged provisions of Law No 83/2013 do not violate Article 15 of the Constitution. The transitional exemption for advocates and judicial defenders with six years of experience was a legitimate legislative choice to address those already practicing under the old law, and judges and prosecutors were not similarly situated. The requirement to pass a test for admission to the Bar Association is justified by the specialized nature of the legal profession and does not constitute unequal treatment, as different professions may be subject to different entry requirements ba…
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The High Court dismissed the appeal against a disciplinary suspension of a lawyer for late payment of bar dues, but reduced the sanction from six months to three months.
The Supreme Court held that the statutory silence rule (Article 178, Law No 22/2018) does not entitle an applicant to admission to the Bar where the applicant was dismissed for gross misconduct and has not been rehabilitated. The Court found that such cases fall within exceptions to the silence rule, and that Rukundo failed to meet the legal and ethical requirements for admission. Therefore, the Bar Council's failure to respond did not confer any right to admission.
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The disciplinary decision against Me Mhayimana IsaĂŻe was invalid because it was made without the legally required quorum of 2/3 of the 11-member Disciplinary Committee. The Committee's composition and procedure did not comply with statutory requirements, rendering the sanction void. The applicant is not entitled to additional compensation for moral prejudice as the annulment of the decision suffices, absent proof of distinct harm.
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The High Court annulled the Rwanda Bar Association presidential election after finding votes counted exceeded voters, ordered new elections, and appointed interim leadership.
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