Rwanda: Law No. 03/1997 of 1997 Establishing a Bar in Rwanda

We, Pasteur BIZIMUNGU,

President of the Republic

THE TRANSITIONAL NATIONAL ASSEMBLY HAS ADOPTED AND WE SANCTION, PROMULGATE THE FOLLOWING LAW AND WE ORDER THAT IT BE PUBLISHED IN THE OFFICIAL GANETTE OF THE REPUBLIC OF RWANDA

The Transitional National assembly meeting in its session of February 21, 1997;

Given the Fundamental Law and, in particular, article 69 of the Constitution of June 10, 1991, as amended and completed and paragraph (d) of article 6 and articles 40 and 72 of the Arusha Protocol of Agreement on Power-Sharing;

Given Law of July 15, 1964, establishing a Code of Civil and Commercial Procedure, in particular article 81;

Given Law n° 12/1984 of May 12, 1984, relating to the judicial representation mandate;

ADOPTS:

TITLE I:ESTABLISHMENT OF THE LAW SOCIETY KNOWN AS THE BAR

CHAPTER IGENERAL PROVISIONS

Article 1:

There is hereby established a Law Society known as the Bar.

Article 2:

A lawyer is a representative of the law and is responsible for assisting and representing parties in and out of court, asking for remedies and pleading cases in court. As such, a lawyer is associated with judicial power.

A lawyer may consult with and give advice to parties, conciliate matters in dispute, draft private agreements and assist and represent parties in matters that are not before a court.

Article 3:

No person shall hold himself out as a lawyer or practice law unless the person is registered on the membership list or articling students' list for the Law Society.

The unlawful and public holding out of oneself as a lawyer is punishable in accordance with paragraph 2 of Article 218 of the Penal Code.

Article 4:

Lawyers shall be admitted to the Bars that are established for the Courts of Appeal.

For a Bar to be established for a Court of Appeal there must be at least eight lawyers registered on the membership list established within the jurisdiction of the court.

CHAPTER II ACCESS TO THE PROFESSION

Section 1CONDITIONS FOR ADMISSION

Article 5:

No person may be admitted to the profession of law or exercise any of the rights and privileges of a lawyer unless the person satisfies the following conditions:

1.The person must be a Rwandese citizen. However, a person who is a citizen of a state other than the Republic of Rwanda may have access to the profession where there is reciprocity or under an international convention.

2.The person must be the holder of a university degree in law or equivalent.

3.The person must not have been convicted for conduct that is dishonourable or lacking in integrity or morality.

4.The person must not be the perpetrator of or accomplice in acts of the same nature as those contemplated by point 3 that resulted in the taking of disciplinary measures or in an administrative decision to strike the person's name from the membership list or to revoke the person's privileges.

Article 6:

Subject to any international convention, a lawyer who is a member of a bar of a state other than the Republic of Rwanda that has provided in its national legislation for reciprocity may provide legal services in Rwanda on an occasional basis in accordance with Rwandese rules respecting the regulation of the profession.

Article 7:

Subject to this law, before being admitted to the Law Society, a lawyer must receive professional training during the course of article organized in accordance with article 11.

Section 2:ARTICLE

Article 8:

Any person may apply for admission to the articling program by providing two copies of each of the following to the Law Society Council:

1.Any documentation proving that the person has satisfied the conditions for access to the legal profession;

2.A statement of a lawyer that he agrees to act as principal. If the person has not found a principal, one will be assigned by the President of the Bar.

Article 9:

Admission to the articling program shall be determined by the Law Society Council within three months of receiving the application. Admission is not refused without the applicant being heard. For that, he shall be called on to make representations and given fifteen days within which to do so.

Before making its decision, the Law Society Council must consider any information provided with respect to the applicant's morality and conduct in relation to professional ethics.

It shall also receive any opinion that has been offered by the Prosecutor General of the Court of Appeal, who will have been provided with the second copy of the application. The Prosecutor General will be given fifteen day s within which t give an opinion and where, on the expiration of the fifteen days, the Prosecutor General has not done so, any opinion he may have will not be taken into account and this shall be noted on the decision of the Law Society.

Article 10:

The applicant and the Prosecutor General of the Court of Appeal shall be notified of the decision whether to admit an applicant to the articling program.

Article 11:

The Law Society Council is responsible for determining the duties of articling students and overseeing their proper execution. The Law Society Council may decide, where necessary, to extend a student's articles or to refuse to admit a student to the Bar. The Council is also responsible for arranging courses of instruction on professional conduct and the practice of law and legal conferences that articling students are required to attend.

Article 12:

Before being registered on the articling students' list and being entitled to practice law, students who have been admitted to the articling program must swear the following oath before the Court of Appeal:

An oath shall be sworn before at least three judges sitting as the Court of Appeal, on the presentation of the President of the Bar and the request of the Prosecutor General of the Court Appeal.

The court shall acknowledge to the applicant that the oath has been sworn, the clerk will draw up minutes reflecting the fact that the formalities have been respected and that fact will be certified on the diploma to be issued to that effect.

Article 13:

Articles shall be completed by a test organized and sanctioned by a certificate of professional competence on such terms and conditions as are fixed by the Law Society Council.

Article 14:

On completion of articles, the principal shall prepare a report on the professional values and morals of any student who has passed the test referred to in article 13 of this law and shall send the report to the Law Society Council in support of the admission of the student to the Bar.

Article 15:

During his articles, a student may carry out any of the functions of a lawyer under the supervision of his principal.

Article 16:

Articles must be served for a period of two years. They may not be interrupted by a period of more than three months without the authorization of the Law Society Council.

The Law Society Council may extend a person's articles by a period of not more than one year and may, within five years after the promulgation of this Act, reduce a person's articles by a period of one year.

Article 17:

The following persons are not required to article:

1.A person who has served as a magistrate for a period of at least five years and who meets the conditions for admission set out in article 5.

2.A person who has taught law as a professor at a university or other post-second educational institution for a period of at least five years.

3.A lawyer who was previously admitted to the bar of a state other than the Republic of Rwanda.

Article 18:

Without prejudice to the conditions mentioned in Article 5, the following persons having at least two-year experience when this law comes into force are not required to article for the first bar:

1.A former lay representative.

2.A person who has taught law at a university or other post-secondary educational institution.

3.A former magistrate.

4.A legal advisor.

A student having completed his articles in a state other than the Republic of Rwanda but is not registered on the membership list for a Law Society is not required to article for the first bar.

Section 3:REGISTRATION ON THE MEMBERSHIP LIST FOR THE LAW SOCIETY

Article 19:

Not later than January 31 in each year there shall be prepared a list of the members of the Law Society and a list of the students having their offices within its jurisdiction.

The President of the Bar shall have the membership list and articling students' list published and kept up-to-date.

Article 20:

The following persons may be registered on the membership list of a Law Society:

1.A lawyer who has finished his articles and obtained a certificate of professional competence:

2.A person who is exempt from article 17 or 18 of this law and form obtaining a certificate of professional competence.

Article 21:

A person may apply for registration by sending an application together with all useful supporting documentation to the Law Society Council. Two copies of the file shall be made.

Article 22:

Registration on the membership list shall be determined by the Law Society Council within three months after receiving the application.

Registration is not refused without the application being heard or being called on to make representations and being given fifteen days within which to do so.

Article 23:

Before making its decision with respect to an application for registration, the Law Society Council must consider any information provided with respect to the applicant's morality and conduct in relation to professional ethics together with any opinion that has been given by the Prosecutor General of the Court of Appeal.

Article 24:

The Prosecutor General of the Court of Appeal will be given thirty days within which to give an opinion and where, on the expiration of the thirty days, the Prosecutor General has not done so, any opinion he may have will not be taken into account and this shall be noted on the decision of the Law Society.

Article 25:

The Law Society Council shall ensure that the membership list and articling students' list are permanently posted in a prominent place that is accessible to the public in each Tribunal of First Instance and Court of Appeal.

Article 26:

Each Bar consists of the lawyers registered on its membership list and articling students' list.

CHAPTER IIICOMPONENTS OF THE BAR

Article 27:

The components of the Bar are:

-The General Assembly

-The Law Society Council

-The President of the Bar

Section ITHE GENRAL ASSEMBLY

Article 28:

The General Assembly consists of all lawyers who are registered on the membership list. It shall convene on the convocation of the President of the Bar, on its own initiative or at the request of the Law Society or of one-third of the lawyer registered on its memberships list.

Article 29:

The General Assembly shall meet at least once a year on a day and at a time to be fixed by the President of the Bar.

Article 30:

Decisions of the General Assembly shall be made by an absolute majority of the members present. Articling students may attend business meetings of the General Assembly but may not vote.

The rules and procedures for conducting the business of the General Assembly shall be determined by by-law.

Section II:THE LAW SOCITY COUNCIL

Article 31:

There is hereby established a Law Society Council for the Rwandese Bar consisting of:

-three members, where there are less than fifteen lawyers exercising a right to vote;

-six members, where there are between fifteen and thirty;

-nine members, where there are between thirty-one and fifty; or

-twelve members where there are more than fifty.

Article 32:

The powers, duties and functions of the Law Society Council are to deal with any issues respecting the practice of law, to oversee the work of members of the profession and ensure the protection of their rights and to arrange seminars on professional conduct and practice and legal conferences that articling students and judicial defenders are required to attend.

The Law Society Council shall report on its activities to the General Assembly.

Article 33:

A majority of the members of the Law Society Council constitutes a quorum and decisions of the Law Society Council shall be made by an absolute majority of the members present.

Article 34:

Members of the Law Society Council shall be elected for terms of three years by secret ballot of the General assembly on the basis of those with an absolute majority of the votes in the first three ballots and a relative majority of the votes in the fourth and final ballot.

Article 35:

One-third of the members of the Law Society Council shall be elected in any year. A member of the Council may not hold office for more than two successive terms.

Section 3:THE PRESIDENT OF THE BAR

Article 36:

The President is the head of the Law Society and represents it in any civil matter. He is responsible for forestalling and reconciling differences of opinion of a professional nature between members of the Bar and determining complaints received from third parties, the administration of the Law Society, presiding over Law Society Council meetings, representing the Law Society in the course of its transactions with judicial, administrative or public authorities and generally dealing with any issue that is relevant to the interests of the Law Society. The President of the Bar shall be elected from among the lawyers with more than five years of experience in the practice of law.

Article 37:

The President of the Bar shall be elected for a term of two years by secret ballot and with an absolute majority of the votes of the General Assembly whose membership is determined in accordance with article 28.

The President of the Bar may not hold office for more than two successive terms.

Article 38:

In the event of the absence or incapacity of the President of the Bar or in the case of a matter in relation to which the President of the Bar has an interest, the most senior member of the Law Society Council shall act as President of the Bar.

Section 4:COMMON PROVISIONS

Article 39:

The terms of office of the President of the Bar and the members of the Law Society Council commence on the proclamation of the results of their election and expire on the proclamation of the election of the new President of the Bar and members of the Law Society Council.

Article 40:

Where, before the expiration of his term of office, the President of the Bar or a member of the Law Society Council ceases to carry out his functions for any reason whatsoever, a replacement shall be elected for the remainder of the term of office at which time the replacement may be re-elected.

CHAPTER IVTHE PRACTICE OF LAW

Section 1:INCOMPATIBILITIES

Article 41:

The profession of a lawyer is incompatible with the carrying on of any type of activity that could undermine the independance and liberal nature of the profession, including

1.the profession of a practicing magistrate, judicial officer or government official;

2.the carrying on of trade or the running of an industrial or commercial enterprise;

3.any paid employment or activity, either public or private, that could compromise the independance of the lawyer or the dignity of the Bar.

Article 42:

In the case of an incompatibility, the Law Society Council shall, either at the request of the lawyer involved or on its own initiative, strike the lawyer's name from the membership list or the articling students' list. Where the Council acts on its own initiative, it shall do so in accordance with the established disciplinary procedure.

Article 43:

A lawyer who holds public office may remain registered on the membership list.

However, a lawyer who has been appointed as a Minister may not plead a case while so holding office. His name may not appear on any document that issues from his office.

On giving notice to the President of the Bar, a lawyer who is a member of Parliament may, on an occasional basis, plead a case or deal with any matter in dispute in the interest of the Republic or a public interest organization.

Section 2:ASSOCIATION AND COLLABORATION

Article 44:

A lawyer may practice law on an individual basis or as a member of an association or in collaboration with another lawyer or group of lawyers.

Article 45:

In the case of an association that has adopted a firm name, the name must include the names of all of the associates followed by the word "lawyers".

Article 46:

A contract of collaboration is the means by which a lawyer who is registered on the membership list or articling students' list works on a full-time or part-time basis for the office of another lawyer in return for remuneration.

An association is an arrangement by which two or more lawyers, whether or not they are in the same firm, agree to practice law as a group and to share the profits and the losses.

Article 47:

A lawyer who is a member of an association retains personal responsibility for the legal affairs of his clients.

Rights in an association are non-transferable. Associates may not assist or represent parties with opposing interests.

Article 48:

Where there is a contract of collaboration, the collaborator is in charge of pleading and arguing the defence of a case but must keep the principal informed of the point of view that he proposes to defend.

Section 3PRIVILEGES AND RESPONSIBILITIES OF A LAWYER
Subsection 1:PRIVILEGES

Article 49:

A lawyer who is registered on the membership list or articling students' list for the Law Society may plead cases before any court in Rwanda.

Article 50:

Except as otherwise provided by law, a person must be a lawyer in order to plead cases before any court of law.

A lawyer who appears before a court is considered to be authorized to so appear without having a power of attorney unless the law requires one.

A party may represent himself in a court, prepare pleadings and plead his own case or be represented and have his pleadings prepared and case pleaded by his spouse, parent or, with the written authorization of the judge, his guardian or other legal representative.

Article 51:

Where the law requires that an accused appear personally before a criminal court, the accused may be assisted, but not represented by a lawyer.

Article 52:

Lawyers may freely practice their calling as defenders of justice and truth.

In carrying out their functions, lawyers shall dress in the manner described in article 55.

Article 53:

A lawyer must be gowned at any hearing of an administrative, disciplinary or judicial tribunal.

Unless a party objects on grounds that the presiding judge considers to be reasonable, a lawyer who is gowned may admitted to in camera proceedings.

Article 54:

A lawyer shall not be gowned when appearing before the Law Society Council sitting as a disciplinary tribunal or when he appears as the accused or as a witness.

Article 55:

The professional dress of a lawyer is a wide-sleeved, front-fastening black robe with pleated white bands which is worn with a fur-trimmed sash and a hat.

Subsection 2:DUTIES OF A LAWYER

Article 56:

A lawyer shall not

-receive, by way of transfer or assignment, rights of succession or disputed rights;

-enter into an agreement under which remuneration is based on the results of the proceedings;

-insult any party or other person in front of their defenders;

-put forward a material fact that casts disrepute on the honour or reputation of a party except where required in the circumstances of the case;

-refuse or neglect the defence of an accused or to assist a party where they have been appointed to do so;

-solicit clients or to pay a third party to do so;

-use any form of advertising unless strictly necessary for informing the public;

-accept, by way of an intermediary, the case of a third party without having direct contact with the third party;

-agree to consecutively defend opposing interests in the same case;

-reveal secrets that have been confided to him by reason of his profession or use his knowledge of such secrets to take advantage of another party;

-refer at a hearing to a document that has not been communicated to the other party; or

-take any action or behave in a manner that is likely to compromise the lawyer's independance or morals.

Article 57:

Where provided by law, a lawyer may be requested to replace a judge or public prosecution officer and, in the absence of impediment or reasonable excuse, may not refuse to so act.

Article 58:

The Law Society Council may fix membership dues that shall be paid by lawyers who are registered on the membership list or articling students' list. The Law Society Council may set aside such a portion of the dues as it sees fit for the establishment of a contingency fund to provide for the sickness or retirement of or accident to a lawyer.

Article 59:

A lawyer who is in default of payment of his dues may be summoned to appear before the Law Society Council to account for his failure to pay and, where the circumstances so require, the Council may strike the lawyer from the membership list or articling students' list without prejudice to any further disciplinary measures that may be taken.

Subsection 3:Legal Aid

Article 60:

The Law Society Council shall provide for the assistance of persons who have insufficient financial resources by establishing a consultation and defence bureau, in such manner as it sees fit.

Article 61:

Lawyers and articling students who are appointed to the consultation and defence bureau shall be paid from a legal aid fund to be administered by the Law Society Council under government supervision.

Article 62:

The legal aid fund shall consist primarily of government subsidies and donations from various sources.

Article 63:

Management of the legal aid fund, the conditions for access to it and the fees that may be charged by lawyers, the method of payment and the means for its recovery shall be regulated by Presidential Order discussed at a Cabinet meeting on the recommendation of the Law Society Council.

Subsection 4:Professional Secrecy

Article 64:

Anything of a confidential nature that a lawyer learns from his client, the opposing party or his counsel or a third party in the course of carrying on his client has a moral or material interest in keeping private is subject to professional secrecy.

Article 65:

Professional secrecy applies not only to communications that take place in a lawyer's office, correspondence exchanged between the lawyer and his client and that exchanged between lawyers of different parties but also to the contents, or even the existence, of discussions and negotiations between counsel, unless their existence must be revealed for a reason that the President of the Bar believes to be reasonable.

Article 66:

Professional secrecy only applies to a lawyer acting as such. If the lawyer acts in any other capacity such as an ordinary agent or private individual, the rule may no longer be invoked.

Article 67:

A lawyer has the right to invoke and is under an obligation to maintain professional secrecy.

A lawyer who is summoned as a witness in a judicial proceeding must invoke professional secrecy even if his client waives the privilege.

Article 68:

A lawyer may, for reasons of his professional duties of loyalty and sincerity, reveal any confidence that he holds by virtue of practicing law where required by disciplinary authorities of the Law Society in order to carry out their duties in the sole interest of the Law Society.

The authorities of the Law Society are the guarantors of the under an obligation to maintain professional secrecy.

Under no circumstances may a lawyer invoke professional secrecy in order to prevent the taking of disciplinary proceedings.

Article 69:

Where the Prosecutor General of the court of Appeal is advised of a sentence that has been rendered by the Law Society Council in relation to a disciplinary matter or where the Prosecutor General acts as public prosecutor for the disciplinary appeal Council the Prosecutor General may not make use of any statement made under the protection of professional secrecy before the President of the Bar or the Law Society Council in any subsequent criminal proceedings.

Article 70:

Only the magistrate who is responsible for the investigation and not his delegate may conduct a search of a lawyer's office. When conducting the search, the magistrate must be accompanied by the President of the Bar who shall be notified of the search, or by his delegate.

Only things that afford evidence of the misdemeanour may be seized. Confidential documents may not be seized nor may they be read by the magistrate.

Where the magistrate has reason to believe that a file contains a document that would afford evidence of the misdemeanour, he shall request the President of the Bar to examine the file and, where it contains such a document, the President of the Bar shall forward it to the magistrate who may then seize it. Only the President of the Bar may open a file of a lawyer and examine the documents that it contains.

Section 4:FEES

Article 71:

The fees that may be charged by a lawyer include fees for representation, pleadings, consultation, pleading a case and executing a judgment.

Article 72:

The Law Society Council shall, with the discernment that ought to be accorded it, establish a tariff of fees that may be charged for legal work. Any agreement under which fees are based on the results of the dispute is prohibited.

A lawyer may, on giving notice to the Law Society Council, charge a fee that is less than that set out in the tariff established under the first paragraph of this article.

Article 73:

A lawyer may enter into an agreement with his client under which the lawyer agrees to provide all necessary legal services in consideration for a lump sum payment that is mutually agreed-upon, having regard to the tariff set by the Law Society Council.

Article 74:

In the case of a dispute as to the amount of the fees, the Law Society Council may reduce them, taking into account factors including the importance of the case and the nature of the work.

Article 75:

An aggrieved party may also refer the issue of the amount of fees to the court which shall hear the opinion of the Law Society Council before ruling on the matter.

Article 76:

A lawyer may, with the prior authorization of the Law Society Council, apply to court to seek payment of his fees.

CHAPTER V:DISCIPLINARY PROCEEDINGS

Section 1:JURISDICTION

Article 77:

The Law Society Council is responsible for

-maintaining the principles of dignity, integrity and propriety on which the legal profession is founded;

-safeguarding the honour of the Law Society;

-reprimanding or punishing offences and errors, by disciplinary action where necessary, without prejudice to any subsequent public prosecution.

Article 78:

The Law Society Council shall determine disciplinary matters on the initiative of the President of the Bar, on its own initiative, on the receipt of a complaint from any person or on the written denunciation of the Prosecutor General of the Court of Appeal.

Article 79:

The Law Society Council may impose any of the following sanctions that it considers appropriate in the circumstances:

-a reprimand;

-suspension for a period of not more than one year;

-striking the lawyer's name from the membership list or the articling students' list.

The names of the lawyers against whom the sanctions of suspension and being struck from the membership list or articling students' list have been impose shall be recorded in a register of the Law Society Council secretariat.

Article 80:

A lawyer who has been suspended may not carry on any activity associated with the practice of law during the period of the suspension.

Article 81:

The President of the Bar may gather information or designate a reporter from among the members of the Law Society Council to conduct an inquiry to determine whether a disciplinary investigation is warranted.

Article 82:

Where the President of the Bar considers that a disciplinary investigation is warranted, he may conduct the investigation or designate a reporter from among the members of the Law Society Council to conduct it.

At the conclusion of his investigation, the reporter shall report his findings to the President of the Bar who will consider what further measures shall be taken. The President may order further investigations or, after hearing the lawyer involved, may refer the matter to the Law Society Council for decision.

Article 83:

Where, at the conclusion of the investigation, the President of the Bar is of the opinion that legal proceedings should be instituted against the lawyer involved, he shall summon the lawyer to appear before the Law Society Council sitting as a disciplinary tribunal and shall inform him of the case that has been made against him.

The President of the Bar shall not sit as a member of the disciplinary tribunal which shall be chaired by the most senior member of the tribunal. The President of the Bar shall summon the complainant or other witnesses to give evidence if it would be of assistance after the investigation.

Where witnesses will be called, a list of the witnesses will be called, a list of the witnesses shall be provided to the accused lawyer who may request that additional witnesses be added to the list.

Section II:PROCEDURE

Article 84:

The lawyer shall be summoned to appear on a day that is not less than fifteen days after the issuance of the summons in order to permit the lawyer to prepare his defence.

The summons shall be sent by registered mail. The disciplinary tribunal shall make its file available to the lawyer and his counsel at least fifteen days before the day on which the lawyer is to appear.

Article 85:

The accused lawyer shall be heard, assisted, if he so wishes, by the counsel of his choice. The lawyer and his counsel shall be permitted to be present at all times during the hearing of the case. The hearing shall commence with the reading of the report by a member of the Law Society Council designated as reporter by the President of the Bar.

Article 86:

After the report has been read, the witnesses shall be heard. Their statements shall be transcribed by the Secretary of the Law Society Council and signed by the witnesses, the Secretary and the President of the Bar.

Article 87:

Within fifteen days after it has been made, notice of every sentence rendered in relation to a disciplinary matter shall be sent by registered mail by the Secretary of the Law Society Council to the Prosecutor General of the Court of Appeal and the lawyer involved.

Article 88:

Either the Prosecutor General of the Court of Appeal or the lawyer involved may appeal the decision of the disciplinary tribunal to the disciplinary appeal Council of the Court of Appeal.

Article 89:

An appeal may be made by sending a notice of appeal to the Secretary of the Law Society Council by registered mail within fifteen days after notice of the sentence being appealed was sent.

On receipt of a notice of appeal, the Secretary shall send a letter of acknowledgement of receipt by registered mail to the Prosecutor General of the Court of Appeal or the lawyer, as the case may be, and shall then transfer the file to the Secretary of the disciplinary appeal Council of the Court of Appeal.

Either the Prosecutor General or the lawyer may introduce a corollary appeal.

Article 90:

There is hereby established a disciplinary appeal Council of the Court of Appeal.

Article 91:

The disciplinary appeal Council shall be chaired by the President of the Court of Appeal or his replacement and shall consist of the President of the Court of Appeal, four assessors and a secretary-clerk. The Prosecutor General or a member of the Public Prosecution Department designated by the Prosecutor General shall act as Public Prosecutor.

Article 92:

The assessors shall be chosen by the President of the Court of Appeal from among a list of lawyers established by the President of the Bar. In the absence of impediment the assessors shall be summoned to sit on the disciplinary appeals Council in the order tin which they appear on the list.

No member of the Law Society Council who participated in the decision that is being appealed may hear the appeal.

Article 93:

The imposition of a disciplinary sanction shall be suspended pending the appeal.

TITLE II:JUDICIAL DEFENDERS

CHAPTER IGENERAL PROVISIONS

Article 94:

A judicial defender is a representative of the law and is responsible for assisting and representing parties and pleading their cases in court. A judicial defender must satisfy the conditions set out in article 5 of this law except that set out in point two with respect tot he university degree in law.

A judicial defender may consult with and give advice to parties, conciliate matters in dispute, draft private agreements and assist and represent parties in matters that are not before a court.

CHAPTER II ADMISSION TO THE PROFESSION

Article 95:

No person shall be admitted to the profession of judicial defender, hold himself out as a judicial defender or exercise any of the rights and privileges of a judicial defender unless he falls into one of the following categories:

-former judicial defenders;

-former magistrates who do not hold a university degree in law;

-holders of a bachelors degree in law;

-holders of a degree in Humanities in Law and Administration;

-those who have earned a six-month training certificate in law.

CHARTER IIIJURISDICTION

Article 96:

Judicial defenders may appear before any Canton Court or Tribunal of First Instance.

CHAPTER IVJUDICIAL DEFENDERS CORPS

Article 97:

Judicial defenders shall be admitted to the judicial defenders corps that are established for the Tribunals of First Instance. For a judicial defenders corps to be established for a Tribunal of First Instance there must be at least eight judicial defenders within its jurisdiction.

Article 98:

The components of judicial defenders corps are:

-the General Assembly

-the judicial defenders corps board; and

-the Syndic.

The Competent Law Society Council shall be represented without voting rights in all meetings of the components of judicial defenders corps.

The powers, duties and functions of each of the components correspond to those of the components of a Bar.

Without prejudice to the preceding paragraph, the Bar being competent where a judicial defenders corps is established shall, in accordance with its by-laws, be responsible for the supervision and training of the judicial defenders, and shall make sure that they comply with their code of ethics.

CHAPTER V:CARRYING ON OF THE PROFESSION

Article 99:

Subject to article 95 and 96 of this law, the conditions for carrying on the practice of law apply, with such modifications as the circumstances require, to the carrying on of the profession of judicial defender.

Article 100:

Judicial defenders are subject to the same conditions as lawyers with respect to disciplinary matters except at the level of the Tribunals of first Instance.

TITLE IIIFINAL AND TRANSITIONAL PROVISIONS

Article 101:

Within thirty days after the publication of this law in the Official Gazette of the Republic of Rwanda, the Kigali Court of Appeal shall hear the oaths, in the form set out in article 12 of this law, of all persons who satisfy the conditions set out in article 5 of this law and who have applied to the President of the Court to be registered on the membership list of the Law Society.

After the oaths have been sworn, the President of the Court of Appeal shall chair the first General Assembly which will elect the other components of the Bar.

Article 102:

Within thirty days after the publication of this law in the Official Gazette of the Republic of Rwanda, the Kigali Tribunal of First Instance shall hear the oaths, in the form set out in article 12 of this law, of the persons who meet the conditions set out in articles 95 and 96 of this law and have applied to the President of the Tribunal of First Instance to be registered as judicial defenders.

After the oaths have been sworn and subject to article 98 of this law, the President of the Tribunal of First Instance shall chair the first General Assembly which will elect the other components of the judicial defenders corps.

Article 103:

The Law Society Council and the judicial defenders corps board that are chosen as a result of these elections will review the files of the lawyers and judicial defenders to verify their regularity.

Article 104:

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

Article 105:

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

Article 106:

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

Kigali, 19.3.1997

The President of the Republic Pasteur BIZIMUNGU
(sé)

The Prime Minister Pierre Célestin RWIGEMA
(sé)

The Minister of Justice Dr Faustin NTEZILYAYO
(sé)

Seen and sealed with the Seal of the Republic
The Minister of Justice Dr Faustin NTEZILYAYO
(sé)