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The Organic Law No 04/2012/OL abolishing Gacaca courts is no longer in force and cannot be challenged for constitutionality. The challenge to Article 197(4) of Law No 027/2019 is admissible because the legal grounds and factual context differ from those in the Kamanzi Anaclet case, so res judicata does not apply.
Source excerpt
Paragraph 4 of Article 161 of Law No 22/2018 does not violate Articles 15, 29(1)(c), or 34 of the Constitution. The limitation on third-party opposition to judgments of the Court of Appeal and Supreme Court is justified by the need for finality in litigation, applies equally to all, and does not deprive individuals of access to justice or property rights, as alternative remedies exist.
Source excerpt
The Supreme Court held that article 161(4) of Law No 22/2018 is constitutional and dismissed the petition challenging limits on third-party opposition.
The Supreme Court held that Me Mugisha Richard had standing to challenge parts of Law N°68/2018 and that the State could not raise a preliminary objection as a party.
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