LAW N°12/2013 OF 22/03/2013 GOVERNING THE BAILIFF FUNCTION

This provision says the law governs the bailiff function.

This article defines key terms used in the law.

Bailiffs are divided into professional and non-professional categories; professional bailiffs are appointed by ministerial order and work within the Association.

This article creates the Association of Professional Bailiffs, gives it legal personality, and sets its head office in Kigali City.

The Association’s objectives are to bring together professional bailiffs, support fair execution of judgments, promote the profession, and help prevent and resolve conflicts.

The Association is made up of three organs: the General Assembly, the Executive Council, and the Executive Secretariat.

The General Assembly is made up of professional bailiffs and is the Association’s supreme organ.

The General Assembly is responsible for approving plans and budgets, reviewing annual reports, electing and replacing Executive Council members, supervising the Association’s organs, setting annual contributions, reviewing property-management reports, and adopting internal rules.

The General Assembly has quorum when at least two-thirds of members are present, and a second meeting must be called within 15 days if quorum is not reached.

The General Assembly makes decisions by consensus; if consensus cannot be reached, decisions are made by absolute majority of members present.

The Executive Secretary must take minutes of the General Assembly meeting, and the minutes must be signed by the President or, if the President is absent, the Vice President, together with the Executive Secretary.

The Executive Council of the Association is made up of listed officeholders and representatives, and its members serve on a non-permanent basis.

The Executive Council of the Association must carry out several management and oversight tasks for professional bailiffs.

The Executive Council President is the Association President, elected by the General Assembly from among the members for a three-year term that may be renewed once. The Association President is its legal representative.

The Executive Council Bureau is made up of the President, Vice President, and Treasurer of the Association.

The Bureau of the Executive Council must convene meetings, implement decisions, follow up Secretariat activities, present reports and action plans to the General Assembly, and make provisional urgent decisions for final decision by the Executive Council.

The Executive Council meets quarterly and when needed, is chaired by the President or Vice-President if the President is absent, reports to the General Assembly and Minister, makes decisions by consensus or absolute majority, and may consult others without giving them a vote.

Members of the Association’s Executive Council who attend a meeting are entitled to sitting allowances set by the Association’s internal rules.

An Executive Council member may be removed or replaced before the end of the term for listed reasons, and the General Assembly decides by a two-thirds vote of those present.

The Executive Secretariat is made up of the Executive Secretary and necessary staff, carries out the Association’s daily work, and the Executive Secretary may attend specified meetings and act as rapporteur, but not decide.

The Executive Secretary must manage the Association’s daily work and carry out listed reporting, planning, staffing, and other related duties.

The Association’s property comes from members’ contributions, government subsidies, grants and bequests, and lawful activities.

The Association must use its property only to carry out its mission, and its property management must follow the Association’s internal rules.

The Association’s finances must be audited every year by three auditors, and the audit report must be submitted to the General Assembly for approval within three months after the audited financial year.

A person may practice as a professional bailiff only if they meet the listed qualifications.

Some people are not allowed to become professional bailiffs.

A bailiff may not simultaneously perform certain jobs, including judge, prosecutor, advocate, court registrar, civil servant, or another paid duty.

A person who wants to become a professional bailiff must send an application to the Minister and include documents showing that Article 25 requirements are met.

The Minister reviews bailiff admission files every three months, notifies listed authorities within 30 days, and the Association must examine approved candidates.

An applicant who meets the required conditions must be approved within 30 days after the exam results are published, and the Minister must appoint the professional bailiff within one month after approval.

The Minister gives a practicing card to a professional bailiff after the oath act is signed.

Professional bailiffs must have a clearly identified office and notify the Minister and the President of the Association of the district where their main office is located.

A professional bailiff may work alone or with other professional bailiffs. If they choose to work together, they must notify the President of the Association in writing and send a copy to the Minister.

Professional bailiffs who stop working in association must notify the President of the Association in writing and send a copy to the Minister.

A trainee professional bailiff must choose a supervisor for a six-month internship, and if no supervisor is found the Association’s President provides one.

Some qualified people do not have to complete the internship for professional bailiffs.

The Minister sets the fee scale for professional bailiffs by Order, after taking the Association’s Executive Council opinion, and must publish it in the Official Gazette within 3 months of the law’s publication. The fee scale may later be revised when necessary.

A professional bailiff must make a written contract with the client before executing a judgment, decision, or other enforcement order.

If a judgment is forcibly executed, the client must pay the professional bailiff’s fees.

Disputes about fees linked to enforcing judgments or other enforcement orders are heard by the nearest competent court, which must decide within 15 days. The decision cannot be appealed.

A professional bailiff who makes recoveries for the State is entitled to fees referred to in Article 37.

A professional bailiff is personally liable for faults committed while working and must have professional insurance.

A professional bailiff may receive disciplinary sanctions: verbal warning, written warning, temporary suspension, or dismissal from the profession.

This article says which bodies can impose the disciplinary sanctions listed in Article 43 and requires them to inform the Minister in some cases.

The Association’s internal rules determine how disciplinary sanctions are imposed and administered.

This article lists reasons a professional bailiff may be temporarily suspended or dismissed.

A professional bailiff ceases or suspends the profession if they apply in writing, are permanently dismissed, or die.

Professional bailiffs may carry out the duties assigned to them by this Law anywhere in Rwanda.

A professional bailiff has power to carry out listed enforcement tasks, including executing decisions, recovering debts, serving documents, seizing or auctioning property, and carrying out evictions.

The article lists who counts as a non-professional bailiff and says they get those powers when appointed and sworn in, and lose them when they leave the post.

A Ministry civil servant in charge of supervising enforcement of judgments has the same powers as a professional bailiff, while other non-professional bailiffs are limited to the administrative area where they work.

This article lists the tasks a non-professional bailiff may perform.

This article limits which officials may execute judgments and decisions, and it assigns each category of official a specific scope of execution.

Non-professional bailiffs work under supervision, and the Minister can trigger disciplinary action or withdraw their power to execute judgments if they fail to perform lawfully.

This article lists reasons a non-professional bailiff can lose their powers.

A non-professional bailiff’s liability is covered by the Government when performing judgment-execution duties, but not for voluntary faults, negligence, or offences committed by that bailiff.

A non professional bailiff must stop working in that role if they leave the public post that gave them that status, lose the power to execute judgments, or die.

Bailiffs must take an oath before starting work, before the Minister or an authorised civil servant, and they receive a certificate after swearing.

A bailiff must wear a badge when executing court decisions, and the badge’s format is set by a ministerial order.

Courts, prosecution, security organs, and administrative organs of the State must help a bailiff carry out his or her duties.

Bailiffs must act independently when performing their duties and must still follow the law.

Bailiff acts are treated as valid unless a court declares them void.

A bailiff must help anyone who asks, but must not handle his or her own case, close relatives, or certain companies and decisions involving a conflict of interest.

Only an authorized bailiff may perform service of documents, seizure, public auction, and other bailiff duties.

Judgments and enforcement deeds are executed within the time set by the civil, commercial, social and administrative procedure code. Before a public auction of movable or immovable property, the bailiff must consult a property valuation expert, and the court president who ordered the auction approves the expert’s fee.

The auction bailiff must issue an auction deed, and the winning bidder must pay the auction price within 1 working day after the auction. If the bought property is immovable, the purchaser may register it in their name after meeting the article’s requirements and submitting a copy of the auction deed.

If a creditor refuses payment from judgment enforcement, the money is deposited at the court, or the goods are handed to the court registrar, and a report is delivered to the creditor.

A bailiff must keep all duty-related documents and accounting books in his or her office.

A bailiff must carry out duties carefully and professionally, follow the law, and act honestly and in good faith.

A bailiff must keep professional secrets while carrying out duties, and may disclose them only as allowed by law.

A bailiff must attend the training arranged for them and work to improve their professional knowledge and skills.

Professional bailiffs already practicing must keep working, complete their files within one month of publication, and the Minister must handle the new list and association elections.

This article says the law was drafted, considered, and adopted in Kinyarwanda.

This article repeals Law No. 31/2001 and any earlier legal provisions that conflict with this Law.

This Law starts on the day it is published in the Official Gazette of Rwanda.

This provision is titled as general/preliminary provisions for Chapter One, but the text shown does not state a substantive rule.