The adaptability principle is the hallmark
of a stable legal system, there are many laws enacted recently or some years
back which are being repealed thus they can be able to cope with current legal
issues and abrogate obsolete. today it is a turn of a law governing
civil,commercial, labour and administrative procedures in RWANDA ( referred to as law of CCLAP ).
Before, there had been the Law of CCLAP No
18/2004 of 20/06/2004 repealed by that of No 21/2012 of 14/06/2012 repealed by
the very recent one No 22/2018 of 29/04/2018 adopted by the session of lower
chamber the 25/04/2018.
The former law contained 376 articles, while the new contained 283 articles.
The current law has brought new features which
were absent in the ex law, one can mention article two on definitions which was missing on the former law of 376 articles.
The current law provides for conciliation as
well as mediation in pretrial phase which was informal in the ex law.
The current law provides that a claim is filed
electronically.
The powers of the court clerks have been
established namely applying for a free advocates, conducting conciliation,
settling disputes on value of subject matter and the like which is also not in
the ex law.
Currently, when parties share interest in a
case they pay one filing court fees i.e a joint claim whereas in the former law, each
was paying separately.
In the current law of CCLAP a Court can sit
on a matter not falling in their rationae materiae in case of the offence of
contempt of court.
The duration for the exparte application is
2 days from 48 hours of the former law.
Claims under 5 MILLIONS Rwfs adding those
related to negotiable instruments are in primary court.
Notwithstanding the law no 12/2013 of
22/03/2013 on BAILIFFS, the current law of CCLAP provides their competence, protection
and sanctions.
In case the plaintiff is discharged to pay
court fees and win, the respondent will pay court fees for public treasury, children
defiled are exempted from court fees.
Technically, it is full of appreciation on how well it is presented and tabled.
The current law on CCLAP is standing as a brief and concise even though
some doctrinaires and civil society are showing that electronic filling of
cases is not bringing equity in legal system and this service is still
expensive to the vulnerable members of the Rwandan community.
