Divorce, inheritance, child custody and land ownership cases account for the majority of all civil cases heard by Rwandan courts. However, the judiciary says some similar cases have received different rulings because courts have interpreted the law differently. To address the issue, the judiciary is working to ensure family and land laws are interpreted consistently across all courts. ALSO READ: New law for family and persons gazetted: What you should know As part of that effort, judges and registrars from across the country gathered on July 19 for a five-day training aimed at building a shared understanding of the laws, so that similar cases are decided the same way regardless of where they are heard. According to Chief Justice Domitilla Mukantaganzwa, the training is intended to promote a common interpretation of the family and land laws, which affect the daily lives of many Rwandans. “Through discussions with experts and practitioners, we want court officials across the country to apply these laws consistently and the same way,” she said. Mukantaganzwa noted that court statistics demonstrate why the training is necessary. Over the past three judicial years, courts handled 40,242 family related civil cases compared to 4,034 land related civil cases, making them among the most common disputes brought before the judiciary. “The high number of family and land disputes shows why judges need to have the same understanding of these laws. Similar cases should be resolved in a similar manner in all courts,” she said. ALSO READ: What you need to know about termination of land ownership contracts She encouraged judges to openly discuss practical challenges they encounter while hearing cases so that they come up with practical solutions that strengthen the delivery of justice. One of the trainers, Charles Kariwabo, a judge at the Court of Appeal, said that although judges are already familiar with family and land laws, continuous learning is necessary because society and legal practice continue to evolve. “It is not because these laws are new,” he said. “As society changes, new issues emerge. Understanding the history behind these laws and the reasons certain provisions were enacted helps judges interpret and apply them correctly.” Kariwabo noted that both family and land disputes have a profound impact on people's lives, making consistency in judicial decisions particularly important. “When disputes are not resolved properly, they affect families, livelihoods and communities. We expect that after this training, judges handling similar cases will be better equipped to reach consistent decisions based on a shared understanding of the law.” He encouraged greater use of Alternative Dispute Resolution (ADR) mechanisms, saying many family conflicts can be settled through mediation and other non-litigation approaches. Regarding land disputes, Kariwabo noted that improvements in land registration processes are expected to contribute to reducing the number of such cases that reach courts. Bridging differences in court decisions For judges attending the training, one of the greatest expectations is achieving greater consistency in judicial decisions. Genevieve Nyiramurava, a judge at Gasabo Primary Court, said family and land disputes account for nearly 80 percent of the civil cases handled by primary courts. “We expect to gain a lot from this training because these cases make up the majority of our workload,” she said. “Judges apply the law, but sometimes different courts interpret similar situations differently. For example, a case decided in one court may produce a different outcome from an identical case heard elsewhere because judges may have different legal interpretations.” Nyiramurava believes the discussions will help close those gaps.
