Rwandan lawyers warn on court fees
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By ROBERT MBARAGA Special Correspondent
Posted Saturday, February 1 2014 at 13:47
In Summary
•A recent Cabinet meeting approved a Ministry of Justice proposal to amend the ministerial order on court fees in civil, commercial social and administrative matters as well as criminal matters.
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Many complainants will be denied access to justice in Rwanda if the proposed increment in court fees is implemented as it is, lawyers have warned the government.
A recent Cabinet meeting approved a Ministry of Justice proposal to amend the ministerial order on court fees in civil, commercial social and administrative matters as well as criminal matters.
Increment 'unfortunate'
Justice Minister Johnston Busingye told a post-Cabinet press conference that the fees will be raised more than ten-fold.
"Lodging a complaint in the primary court was Rwf2,000 but with the new order it will be Rwf25,000," he said.
According to the minister, the cost of lodging a complaint in the High Court will rise from Rwf4,000 to Rwf50,000 while fees deposits in the High Court and the Commercial High Court will be increased to Rwf75,000 from Rwf6,000.
The yet-to-be published ministerial order provides that a complainant will have to deposit Rwf100,000 to lodge a complaint in the Supreme Court, from the current Rwf8,000.
The changes have raised concern among legal practitioners and civil society organisations with some labelling them unfortunate in a country striving to make access to justice a universal privilege.
"This can make access to justice impossible for some people," said Moise Nkundabarashi, a lawyer in Kigali. "Changing the fees from Rwf2,000 to Rwf 25,000 and above sounds unreasonable."
The ministry however argues that the amendment aims at updating the current court fees, which it says are no longer appropriate given the cost of rendering justice.
"Every summoned witness is given Rwf5,000 a day and this is deducted from the said fees," Mr Busingye said. "We believe the new charges are below half of the cost incurred in each case.
"The rest will be covered by the government."
Nevertheless, critics maintain that this should take into consideration the socio-economic situation of an average Rwandan.
Cannot afford
"Even in the current state where the prescribed amounts are believed to be affordable, we still have peopled who cannot afford court fees," said a primary court judge who asked not to be named.
A 2009 survey conducted by the Legal Aid Forum, a civil society organisation that brings together 33 legal aid providers in Rwanda, found that the total cost of access to justice for a litigant largely exceeds their average monthly income.
"Monitoring of EDPRS indicators in the justice sector" put the standard litigant's average monthly income at Rwf28,349 and the average costs incurred by them in relation to their trial at Rwf158,724.
The ministry however says people with a certificate of indigence will be exempted from the fees.
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