Lower House adopts constitutional revision with minor adjustments
Wednesday, May 10, 2023
A voter talks to the electoral commission's volunteers before casting his vote during parliamentary elections in 2018. MPs adopted some revisions like the synchronization of presidential and parliamentary elections.

The Lower Chamber of Parliament on Wednesday adopted the draft revision of the constitution, which was initiated by the government. The revision includes various changes, including the synchronization of presidential and parliamentary elections.

According to the explanatory note of the draft revision of the constitution, the synchronisation of dates of the election of deputies and president will allow the simultaneous organisation of both elections, thus reducing the time and resources that they would take if they were to be organised in different periods.

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This provision ensures that "deputies in office at the time this revised constitution comes into force continue to serve until the day of the dissolution of the Chamber of Deputies due to elections."

Before being put to a vote in the plenary sitting, the draft revision of the constitution was analyzed by the Conference of Chairpersons, which comprises the Bureau of Standing Committees and the Bureau of the Lower House.

Deputy Speaker Edda Mukabagwiza, responsible for parliamentary affairs, presented a report on the analysis. She stated that overall, few changes were made to the draft revision, as the Conference of Chairpersons found it to be well-crafted based on the ideas explained in the explanatory note.

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Out of the 176 articles in the bill, 61 underwent amendments, including five that were significantly adjusted and 56 that received drafting amendments.

Some of the amendments made by the Conference of Chairpersons include changes to Article 66. Initially, this article specified that the first sitting after the election of members of Parliament should take place within 15 days of the proclamation of final election results for the Senate and 15 days following the swearing-in of the President of the Republic for the Chamber of Deputies. However, the 15-day deadline was increased to 30 days to allow for adequate preparation time for the swearing-in ceremony.

Regarding the hierarchy of laws, Article 95 now includes "regulations" as a legal instrument considered in the hierarchy. This addition recognizes that Parliament delegates the power to enact regulations, where appropriate, to regulatory bodies such as the National Bank of Rwanda (BNR), Rwanda Utilities Regulatory Authority (RURA), Rwanda Development Board (RDB), Rwanda Standards Board (RSB), and the Financial Intelligence Centre (FIC), among others. The amendment clarifies that only regulations authorized by legislation and established to prevent the misuse of power are included.

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Another change was made to Article 105, which covers the replacement or acting on behalf of the President of the Republic. The revised article states that the President-elect serves for the remaining period of their predecessor's term to ensure the synchronization of presidential and parliamentary elections on the same day. Initially, the article specified that if the office of the President becomes vacant before the end of their term, elections to replace them would be organized within 90 days, and the successor would be elected for a five-year term.

Additionally, in Article 133, a provision was added to paragraph two stating that in the event of the dissolution of the Chamber of Deputies due to significant national concerns, elected deputies (MPs) complete the remaining period of the current term. This provision prevents the start of a new term, which would hinder the harmonization of the presidential and parliamentary elections.

The next step in the process is for the government to present the same draft revision of the constitution to the Senate for consideration and adoption.

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