The Role and Function of the Abunzi Committee in Rwanda

The Role and Function of the Abunzi Committee in Rwanda are established by The Abunzi Committee Law in Rwanda was established to facilitate mediation and amicable settlement of petty disputes. However, the committee is vested with the authority to adjudicate and render binding decisions on matters involving substantial subject matter, up to three million Rwandan francs (3,000,000 RWF). This raises concerns about the committee’s ability to handle such cases effectively, given that its members are not trained legal practitioners.

Legal Framework

According to Article 27 of the Law on Jurisdiction of Courts (2018), cases with a subject matter value of three million RWF and above can be brought before the primary court. Matters below this threshold are referred to the Abunzi Committee. This effectively means that plaintiffs with claims valued at 2.5 million RWF or less have no choice but to take their cases to the Abunzi Committee. Given the members’ lack of formal legal training, this raises concerns about the delivery of justice.

Concerns and Implications

The practice of the Abunzi Committee often involves the application of morals, reasonableness, and customary principles. While these approaches can be beneficial in certain contexts, they may also result in injustices for the disputing parties when applied to legal matters.

Operation of the Abunzi Committee

The Abunzi Committee operates at both the cell and sector levels, with jurisdiction over the respective areas. Each committee comprises seven individuals known for their conciliation skills. Members are elected by the cell or sector council and serve on a voluntary, non-remunerative basis. This arrangement, while fostering community involvement, also exposes the committee to potential corruption.

Limitations and Recommendations

Exclusion of Certain Disputes: Article 11 of the Abunzi Committee Law (2016) stipulates that disputes involving the state, its organs, or associations cannot be referred to the Abunzi Committee. This creates a gap for individuals with claims against the state valued below three million RWF, leaving them without a legal platform for redress. Legislative amendments are needed to address this issue.

Lack of Legal Representation: The law prohibits legal representation before the Abunzi Committee, allowing lawyers only to assist their clients if requested. This restriction undermines the right to fair legal representation and may affect the quality of justice delivered.

Time Constraints: Article 17 of the Abunzi Law mandates that disputes must be settled within a month, which can rush the process and limit the thorough examination of cases. While speedy resolutions are beneficial, adequate time should be provided to ensure justice.

Comparison with Small Claims Procedure

The Rwandan civil procedure law provides for a small claims procedure for cases with a subject matter value up to five million RWF. However, this does not include matters within the jurisdiction of the Abunzi Committee, thus limiting its applicability to disputes valued below three million RWF.

Recommendations

1. Mediation Platform: The Abunzi Committee should focus solely on facilitating mediation and amicable settlement, without rendering binding court decisions. This aligns with the members’ conciliation skills and mitigates the risks associated with their lack of legal training.
2. Amendment of Article 11: The law should be amended to provide an alternative platform for individuals with disputes against the state valued below three million RWF.
3. Adjustment of Small Claims Procedure: The small claims procedure should be amended to cover matters with a subject matter value between one million and five million RWF. This would relieve the Abunzi Committee from handling legal disputes and ensure better legal oversight.
4. Mandatory Mediation: All civil matters should first undergo mediation through the Abunzi Committee. If mediation fails, the parties should have the option to initiate legal proceedings in court.

Conclusion

Implementing these recommendations will enhance the effectiveness of the Abunzi Committee and ensure that justice is both delivered and perceived. Addressing the limitations of the current system will provide a fairer legal landscape for all Rwandans.

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