EDITORIAL: Address delays in execution of court decisions once and for all

For some reason the issue of non-execution or delayed execution of court decisions continues to linger years after it first became a matter of public concern.

Tuesday, February 14, 2017

For some reason the issue of non-execution or delayed execution of court decisions continues to linger years after it first became a matter of public concern.

The issue came up again in Parliament this week as lawmakers scrutinised the 2015/16 annual report of the National Commission for Human Rights, which indicates that some court rulings are yet to be executed 10 years after they were delivered.

In its report, the rights body identified certain cases that have been pending for a while and specifically named Kamonyi, Burera, Rusizi, Kicukiro, Nyamagabe, Muhanga and Kayonza as some of the districts that are culpable.

Such delays, both the commission and parliament reckon, undermine critical national programmes, such as reconciliation efforts, with some of these cases linked to the 1994 Genocide against the Tutsi.

With barely two months away from the 23rd Genocide anniversary, it’s a shame that some of the property-related cases rooted in that ugly chapter of our history are really yet to be settled even as courts have been seen to dispense justice.

While the judicial system has done its part, there is urgent need to conclude this critical process by enforcing the rulings in their entirety. Anything less undermines the essence of justice and questions our civility as a people.

Yes, we appreciate the complexity of some of the cases. Some of the convicts are probably unable to pay. And in some cases there are ownership disputes revolving around these properties.

Nonetheless, Rwanda has earned a reputation of a nation that succeeds even in the face of seemingly insurmountable obstacles. We have bravely confronted far more complex challenges head on and emerged stronger.

And we owe it to ourselves to continue digging deeper and finding solutions to the challenges that emerge from time to time. Non-execution or delayed execution of court rulings is one of them. But it’s far from being insurmountable.

And, while it is easy to say that bailiffs should simply do their job, there is need for all the institutions linked to this recurrent issue to help find a lasting solution.

Those reneging on their responsibility, whether at the implementation or supervisory level, should be brought to book with view to ensuring that the culture of impunity as far as this issue is concerned comes to an end.  

From the Ministries of Justice and Local Government to the Ombudsman’s Office and Parliament, this issue should be treated with the urgency it deserves.