Like many other African countries, Rwandan laws stem their source from
custom, inter alia ABUNZI law, ABUNZI
traditionally were integral member of the tribe who would be consulted to unify
and restore relationship among families and relatives.
Recently this word was translated in
English as mediators or conciliators but were not fitting in the sense of the
country, conclusively it remained ABUNZI.
In actuality, as the new law no 37/2016 of
08/09/2016 determining organization, jurisdiction, competence and functioning
of ABUNZI committee, this committee comprises seven(7) people of integrity and
conciliation skills elected with the jurisdiction of a cell and a sector to sit
over limited civil and criminal matters, their service is free of charge and
they are not REMUNERATED.
When it comes to competence, In civil matters they decide over claims
that don't exceed three millions (3,000,000 Rwf) i.e property, contract,
succession and family issues except those regarding civil status.
A loophole lies in criminal competence for
it looks like ABUNZI are not concerned or competent; while the former law vested with them authority
which is no longer a case.
It is a prerequisite for any person lodging
a claim to have an interest, capacity and the standing.
Furthermore, the recourses of appeal are
available such as opposition in case of default and appeal to the ABUNZI
committee of sector, if the dispute persist the the concerned party proceed in judicial
courts.
Three ABUNZI who sit over a given
claim are chosen mutually, parties
choose two then those two elect themselves a third one if they choose one, he
or she chooses others two as assistants.
ABUNZI's decision is called a VERDICT on a
basis of laws, custom and consciousness.
A verdict is enforced on the mutual
agreement of both parties. However, a winning party can apply before the
primary court the enforcement of that verdict when all appeal are exhausted.
As far as reduction of claims which are
taken before judicial court is concerned,
ABUNZI Committee plays an important part; therefore remunerating their
volunteering expenses would suffice when giving justice.
On the other side of the coin, the ABUNZI committee don't have a competence to hear a case where government, its parastatals,
private entities and organisation are involved even if the subject matter does
not exceed 3 millions which tend people to speculate that their trustworthy is
limited to unprofessional claims.
Secondly, for they use laws, they should be
provided with documents easily and training on all laws falling under their
jurisdiction and special training in case a new law is adopted.
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