Judgment Reviews Law at Rwanda
In Rwanda, judicial review is a critical component of the legal system, ensuring that decisions made by public authorities comply with the Constitution and the law. The primary mechanisms for judicial review involve the Supreme Court, the Ombudsman, and the Court Judgment Review Unit.
⚖️ Judicial Review Mechanisms in Rwanda
1. Supreme Court
The Supreme Court of Rwanda is the highest judicial authority in the country, as established by the Constitution. It has the power to review final decisions made by lower courts to ensure they align with legal standards and principles. The Court's decisions are binding and are not subject to appeal, except in cases of presidential pardon or review in the interest of the law.
2. Ombudsman and Court Judgment Review Unit
The Office of the Ombudsman plays a pivotal role in overseeing the execution of court judgments and addressing instances of injustice. Under Law No. 76/2013, the Ombudsman has the authority to request the Supreme Court to reconsider and review judgments rendered at the last instance by ordinary courts, commercial courts, and military courts if there is evidence of persistent injustice. This process is facilitated through the Court Judgment Review Unit, which examines cases where there are allegations of corruption, favoritism, nepotism, or other factors that may have led to unjust decisions. al
Rwanda's legal framework also provides for extraordinary procedures of appeal, such as third-party opposition and case review. These procedures allow individuals who were not parties to the original case but have a vested interest, as well as those who have discovered new facts, to seek a review of the judgment. Applications for review must be filed within two months from the date of discovery of the fact giving rise to the review.
🧾 Grounds for Judicial Review
Judicial review in Rwanda can be sought on several grounds, including
Corruption, Favoritism, or Nepotism:When there is irrefutable evidence that such factors influenced the judgment and were unknown to the losing party during the proceedings
Omission of Relevant Legal Provisions:When judges ignore provisions that should have been considered in rendering the judgment
Execution Issues:When the judgment cannot be executed due to drafting errors It's important to note that judgments from Gacaca courts are excluded from this review process
🏛️ Judicial Independence
The Constitution of Rwanda guarantees the independence of the judiciary, ensuring that judges are free from interference by other branches of governmen. The High Council of the Judiciary, established under Article 157, oversees the functioning of the judiciary, including the appointment, promotion, and discipline of judge.
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