Bailiffs fault Rwanda govt move on fees cap
By Rodrigue Rwirahira Rwanda Today
Posted Friday, February 14 2014 at 22:02
In Summary
In a bid to avoid abuse of power in judgment execution, the government
adopted a Cabinet resolution that put a Rwf500,000 ceiling for
bailiff's charges. In the past, earnings were made through commissions
from clients and differed, depending on the case.
Rwandan court bailiffs have expressed concerns regarding the
government's contentious decree on their benefits.
In a bid to avoid abuse of power in judgment execution, the government
adopted a Cabinet resolution that put a Rwf500,000 ceiling for
bailiff's charges. In the past, earnings were made through commissions
from clients and differed, depending on the case.
Being legal employees of the Ministry of Justice, bailiffs are
responsible for enforcing court orders by recovering money and/or
property owed under judgments.
According to Justice Minister Johnston Busingye, a recent Cabinet
meeting resolved that bailiffs will not exceed the maximum fee, which
will be footed by the defendant.
Charge is negotiable
"But the charge is negotiable," he said. "From Rwf500,000 to Rwf1
million, an appellant who is supposed to be compensated Rwf1 million
should not get Rwf800,000 because he has to pay the court bailiffs;
the charges are transferred to the defendant."
The minister said bailiffs had abused the powers entrusted to them by
charging their clients excessive fees.
"There have been cases where court bailiffs compromised court orders,
overcharging clients," he added.
But bailiffs maintained that they charge reasonable fees.
Vedaste Habimana, president of the national association of court
bailiffs, told Rwanda Today that setting a standard fee is not
realistic, saying the fees should be determined by the financial value
of a particular case.
He suggested that the fees should be proportionate with compensation
or damages being sought by the victim.
The decree comes shortly after the government passed a law
establishing court bailiffs and brokers, which, according court
bailiffs, required more clarifications and awareness.
In a recent meeting with Mr Busingye, the bailiffs petitioned the
minister that too much bureaucracy from local governments and
unnecessary police interventions disrupted judgment execution of
decided cases.
"We all need to understand court procedures. An appellant might not
have time to do all routine processes and hence seek the assistance of
a court bailiff. There should be no limit; negotiations between the
client [and bailiff] should not be restricted," said a bailiff who
preferred anonymity.
Unnecessary defiance
http://www.theeastafrican.co.ke/Rwanda/News/Bailiffs-fault-Rwanda-govt-move-on-fees-cap-/-/1433218/2207386/-/qq43pjz/-/index.html
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