Rwanda: Organic Law No. 13/1997 of 1997 Amending and Completing the Organic Law No. 3 bis of 14 April 1997 Respecting Means of Information and Review Available to the Transitional National Assembly with regard to Government Action

We, Pasteur BIZIMUNGU

President of the Republic,

THE TRANSTITIONAL NATIONAL ASSEMBLY HAS ADOPTED AND WE SANCTION, PROMULGATE THE FOLLOWING LAW AND WE ORDER IT BE PUBLISHED IN THE OFFICIAL GAZETTE OF THE REPUBLIC OF RWNDA

The Transitional National Assembly meeting in its session of August 22, 1997.

Given the Fundamental Law, in particular Article 69 of the Constitution of the Republic of Rwanda of June 10, 1991, and Articles 40, 42, 72 73, 78, as completed to date, and 79 of the part of the Arusha Peace Accord governing Power-Sharing;

Given the organic law n°3 bis of April 14, 1997, respecting means of information and review available to the Transitional National Assembly with regard to government action, in particular Articles 2, 4, 5, 6, 7, 8, 35 and 38;

ADOPTS:

Article 1

Article 2 of the organic law n°3 bis of April 14, 1997, respecting means of information and review available to the Transitional National Assembly with regard to government action is amended and completed as follows:

For the purposes of Article 78 of the part of the Arusha Peace Accord governing Power-Sharing, the Prime Minister shall inform in writing the Transitional National Assembly of the general government policy and sectorial policies of all Ministries and Offices of a Secretary of State.

Article 2

Article 5 of the organic law n°3 bis of April 14, 1997, respecting means of information and review available of the Transitional National Assembly with regard to government action is amended and completed as follows:

The Transitional National Assembly has full powers to review government action by using methods prescribed by Article 9 of the organic law n 3 bis of April 14, 1997.

Article 3

Articles 7 and 38 of the organic law n°3 bis of April 14, 1997, respecting means of information and review available to the Transitional National Assembly with regard to government action are combined and amended as follows:

To carry out their mandate, commissions of inquiry have full powers of investigation and research of oral and material evidence that may corroborate facts under their review. In this regard, the Transitional National Assembly may request the competent services to adopt any protective measure to safeguard evidence. Upon request by a commission, made through the Speaker of the National Assembly, the Prime Minister, the Deputy Prime Minister, the Ministers or Secretaries of State shall transmit to the Bureau of the Transitional National Assembly copies of the requested documents within fifteen days of the receipt of the letter expressing the request. The Bureau, in association with the Permanent Committee on National Defence and Security, shall have the right to request copies of documents concerning national defence and security. The President of the Republic shall resolve any disagreement arising from the application of this paragraph.

Article 4

Article 35 of the organic law n°3 bis of April 14, 1997, respecting means of information and review available to the Transitional National Assembly with regard to government action is amended as follows:

A commission of inquiry may be established as a first means only by the vote of a majority of three fifths of deputies of the Transitional National Assembly in attendance, carried out by secret ballot, and called upon the request of a deputy, a group of deputies, a permanent committee or the Bureau of the Assembly.

Article 5

Articles 4, 6 and 8 of the organic law n°3 bis of April 14, 1997, respecting means of information and review available to the Transitional National Assembly with regard to government action are hereby repealed.

Article 6

Provisions of the organic law n°3 bis of April 14, 1997, respecting means of information and review available to the Transitional National Assembly with regard to government action, to which this organic law does not applied, remain in force.

Article 7

Any prior legal provisions that are inconsistent with this organic law are hereby repealed.

Article 8

This organic law is written in the three official languages of the Republic Rwanda, the version in Kinyarwanda being considered as the original.

Article 9

This organic law comes into force on the date of its publication in the Official Gazette of the Republic of Rwanda.

 

Kigali, 19/9/1997

The President of the Republic
Pasteur BIZIMUNGU
(sé)

The Prime Minister
Pierre Célestin RWIGEMA
(sé)

Seen et sealed with the Seal of the Republic

The Minister of Justice
Doctor Faustin NTEZILYAYO
(sé)