If you have ever been in court, you have probably heard judges, lawyers, or even defendants refer to past cases when arguing a point. These references are not random; they are part of a legal practice known as judicial precedent. One example of the use of precedents in Rwanda is the Supreme Court's ruling on the sale of land. In the 2019 case of Twizerimana vs. Manizabayo (RS/INJUST/RC 00010/2019/SC), the Court ruled that only land sales conducted in front of a land notary are legally valid. This precedent has since shaped how courts handle all land sale disputes and has been cited in numerous later cases, including such as Nsanzimana vs. Gacunga, Ciftci vs. Nshimiyimana, Mukandori vs. Kayitesi, and Ruhumuriza vs. Nyirabihogo, among others. ALSO READ: Chief Justice urges integrity as 53 new judges and registrars are sworn in What exactly are precedents? To break it down, The New Times spoke to Harrison Mutabazi, the spokesperson of the Judiciary, who explained how judicial precedents work in Rwanda’s legal system. Mutabazi defines a judicial precedent as a past court decision that serves as a guide for deciding similar future cases. Such decisions are usually published in official law reports and are a vital part of law development. Rwanda operates under a hybrid legal system, meaning it draws from different traditions, especially the civil law and common law systems. One of the major features adopted from common law is the doctrine of precedent, also known by its Latin name stare decisis, which means, “to stand by things decided.” How does it work in Rwanda? He said in Rwanda, the Supreme Court is the highest legal authority. Its rulings are binding on all lower courts. Once the Supreme Court decides on a legal issue, similar future cases must apply the same legal reasoning, unless the Court itself later chooses to overrule that decision. However, not all precedents are binding. Persuasive precedents, like those from lower courts or foreign jurisdictions, may influence decisions but are not obligatory. Judges may also distinguish a case if the facts differ significantly from the earlier one, meaning they are not bound to follow the previous decision. ALSO READ: Rwanda Judiciary needs Rwf28bn to curb staff turnover Who publishes the law reports? The Rwanda Law Reports (RLR), compiled under the Supreme Court’s Inspectorate of Courts, are the official source of precedents. They are published under the guidance of Instructions No. 001-2021 of 15/03/2021 issued by the President of the Supreme Court. Mutabazi explained that there are two main types of RLR volumes, one is generalist reports that cover all areas of law and are published quarterly, and specialised reports. These focus on specific legal areas like constitutional or genocide-related cases, published yearly. In addition, law digests are now being released, offering simplified summaries of major judgments. The Judiciary uses a Multi-Institutional Committee, including legal professionals, universities, and justice sector institutions, to decide which cases deserve to be reported. Judicial precedents promote access to justice by making court decisions more predictable and transparent. When people know how similar cases were decided in the past, they can better understand their legal rights and what to expect in court. ALSO READ: Judiciary cracks down on court officials reluctant to adapt to technology “Publishing case law increases legal awareness and helps people understand the laws that govern them and also the outcome of the disputes that might be lodged in the Court,” said Mutabazi. For legal professionals, these reports are essential tools as they allow judges and lawyers to refer to past decisions, ensuring fairness and consistency in the justice system. How many precedents are there? Mutabazi says there are over 4,000 cases currently available to the public via the Judiciary’s online database. “These include both ordinary law reports and specialised ones,” he said. “Some decisions are also published online even if they are not in the printed reports, especially if they apply rules already reported.”
