Rwanda’s Constitution of 2003 with Amendments through 2015
Judicial Independence
Article 61. Branches of Government are the following: The three branches are separate and independent from each other but are all complementary. Their responsibilities, organization and functioning are defined by this Constitution. The State must ensure that duties in the Legislature, Executive and Judiciary are entrusted to persons of competence and integrity.
Article 150. Protection of judges’ salaries The Judiciary is independent and exercises financial and administrative autonomy.
Article 151. […] 5. The judicial system is governed by the following principles: […] In exercising their judicial functions, judges at all times do it in accordance with the law and are independent from any power or authority. […]
Judicial Council or Parallel Institution
Article 153. The President and Vice President of the Supreme Court, the President and Vice President of the High Court, and the President and Vice President of the Commercial High Court are appointed by a presidential order after approval by the Senate. The President of the Republic appoints them after consultation with Cabinet and the High Council of the Judiciary. The President of Supreme Court must be of Rwandan nationality by origin and must not hold any other nationality. Judges in charge of other ordinary Courts and commercial Courts are appointed by the High Council of the Judiciary.
Article 154. Judges of the Supreme Court are appointed by the President of the Republic after consultation with the Cabinet and the High Council of the Judiciary. The President of the Republic submits to the Senate a list of candidates whose number equals that of vacant posts of judges of the Supreme Court, for their approval. Other Judges of other ordinary Courts and commercial Courts provided for by this Constitution are appointed by the High Council of the Judiciary. Courts are appointed in accordance with laws governing them. The law governing the status of Judges and other judicial personnel determines modalities for their appointment to Courts.
Attorney General’s Office
Article 142. The National Public Prosecution Authority is responsible for investigating and prosecuting offences throughout the country. The National Public Prosecution Authority is a single institution. It is composed of the Office of the Prosecutor General, the public prosecution service at the intermediate level and the public prosecution service at the primary level. The Office of the Prosecutor General consists of the Prosecutor General, the Deputy Prosecutor General and National Prosecutors. A law determines the organization, functioning and competence of the National Public Prosecution Authority. A law determines the status and code of ethics of prosecutors.