After a month-long exercise to choose members of the next Senate, the nation now awaits President Paul Kagame to bring the Second Senate’s mandate to an end. Twenty designated members of the next Senate have been elected or appointed over the last couple of weeks, and will be joining six incumbents who still have a year left on their mandate. Rwanda has a bicameral legislature – the Senate, which has 26 members and the Chamber of Deputies, comprised of 80 members. Specifically, the Senate is responsible for overseeing the respect of fundamental principles; prevention and punishment of the crime of genocide, fighting against denial and revisionism of genocide as well as eradication of genocide ideology and all its manifestation; and eradication of discrimination and divisionism based on ethnicity, region or on any other ground as well as promotion of national unity. It is also responsible for overseeing the respect of equitable power-sharing, building a State governed by the rule of law, a pluralistic democratic Government among others. Below The New Times’ Nasra Bishumba delves into some of the things you need to know about Rwanda’s Senate, also referred to as the Upper House of Parliament. 1 How many members make up the Senate? The Senate is composed of 26 members. They fall into two categories, some elected, others appointed. Twelve senators are elected by local government electoral colleges in the City of Kigali and the four provinces. Of these, one is picked from the City of Kigali, two from Northern Province, while the rest of the three provinces (West, East and South) elect three senators each. Another two senators are elected by the National Consultative Forum of Political Organisations, while two others are picked by private and public tertiary institutions – one each. Another eight members are appointed by the President of the Republic. In appointing them, the President gives particular consideration to the principles of national unity, the representation of historically marginalised groups, and any other national interests. All organs, or electoral colleges responsible for the nomination of senators take into account national unity and the principle of gender equality. The law requires that each gender is represented by at least 30 per cent at every leadership level. Every Member of Parliament represents the nation as a whole and not those who elected or nominated them, or the political organisation which seconded their candidacy during elections. 2 How else can one join the Senate? According to the constitution, former Heads of State who successfully completed their term of office or resigned voluntarily, may become members of the Senate upon their request to the President of the Senate and approved by the Bureau of the Senate within 30 days. 3 Do senators-elect need approval? While the elected senators require Supreme Court approval, those appointed by the President of the Republic are not subject to this requirement. 4 Can the Senate be dissolved? Due to the nature of its duties, the Senate cannot be dissolved. To ensure continuity, senators do not complete their mandate at the same time. The President of the Republic will announce the end of the sitting Senate’s mandate and immediately swear in the incoming senators who will immediately start working. Today, besides the four presidential appointees that will be serving for another year before their mandate expires, there are another two elected by the National Consultative Forum of Political Organizations that will also serve until 2020. 5 When do senators commence their term of office? Before assuming their duties, senators take an oath of office before the President of the Republic, or in his or her absence, before the President of the Supreme Court. On commencement of each senatorial term of office, the first sitting is devoted to the election of the Bureau composed of the President and two Vice Presidents of the Senate. This sitting is convened and presided over by the President of the Republic within a period of 15 days after the announcement of the election results. 6 How long is a senatorial term of office? Elected and appointed senators serve for a five-year term, renewable once. Previously, senators would serve for an eight-year non-renewable term, but this changed four years ago. Senators who are former Heads of the State are not subjected to term limits. 7 What powers does the Senate have? In legislative matters, the Senate is competent to vote on the revision or amendment of the Constitution. They also have powers to scrutinise laws concerning international treaties and agreements on ceasefire, and peace. They approve the country’s membership to international organisations, and modify national laws, or those approving international treaties and agreements relating to the status of persons and laws on defence and national security. The Senate also has the powers to approve the appointment of senior public official. These include the President, the Vice President and the Judges of the Supreme Court, the President and Vice President of the High Court and of the Commercial High Court, the Prosecutor General, Deputy Prosecutor General, Ambassadors and High Commissioners, heads of statutory agencies, among others. 8 How are senatorial sessions conducted? Sittings of the Senate take place during ordinary and extraordinary sessions. Ordinary sessions are convened by the President of the Senate. These sessions take place on dates specified in the organic laws governing the functioning of the Chambers of Parliament. Senators can meet in an extraordinary session on invitation by the Senate President after consultation with the other members of the concerned Bureau or at the request of the President of the Republic following a proposal by Cabinet or at the request of one quarter of the members. 9 What procedures does the Senate follow to adopt laws? Ordinary laws are passed by an absolute majority vote of senators present. Organic laws are passed by a three fifths (3/5) majority vote of senators present. 10 How does the Senate and Chamber of Deputies work together? Joint committees of Parliament draft laws subject to examination by the Senate are transmitted to the Senate after adoption by the Chamber of Deputies. If a draft law passed by the Chamber of Deputies is not approved by the Senate or the amendments proposed by the Senate are not accepted by the Chamber of Deputies, a joint committee composed of an equal number of deputies and senators is established to make proposals on the outstanding matters. 11 When can a senator vacate office? A senator can vacate their office upon their resignation, if they die, if they are removed from office by a court decision or if there is a permanent impediment that makes them unable to fulfil their responsibilities. 12 Can a senator be arrested? No senator suspected of a felony or misdemeanour may be prosecuted or arrested without the authorisation of the Senate with two thirds majority vote of members present, unless they are caught committing a felony or misdemeanour red-handed. In case the Senate is in recess, an extraordinary session is convened for this purpose. 13 Can a senator be convicted? Any Member of Parliament definitively convicted of a felony or misdemeanour automatically loses their parliamentary office. Through the organic law determining its functioning, the Senate may provide for gross misconduct which may lead to the removal from office of the member upon approval of its members. In that case, the decision for removal is taken by a three-fifths majority vote of members. 14 How significant is the position of Senate President? This is a very important position. Constitutionally, the Senate President is number two to the President of the Republic. In the event that the President of the Republic is convicted and definitively sentenced by the Supreme Court for treason or a serious and deliberate violation of the Constitution, if he or she dies, resigns, or is permanently incapacitated, he or she is replaced in an acting capacity by the President of the Senate. 15 Do both chambers of Parliament use the same budget? No. The Senate has its own budget and enjoys financial and administrative autonomy, as does the Chamber of Deputies. editor@newtimesrwanda.com
