Failure by public institutions to follow legal advice can expose them to unnecessary disputes, court losses and other legal risks, government legal advisers have warned.
The warning was made on Friday, September 25, during a meeting that brought together government legal advisers from central and local government at Gasabo District Hall.
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Organised by the Ministry of Justice, the meeting focused on strengthening transparency, accountability and inclusive participation in government structures and peacebuilding processes.
Emmanuel Imanirakarama, a legal adviser at Kibungo Level Two Teaching Hospital, said legal advisers provide recommendations after researching the relevant laws and, where necessary, consulting other legal experts.
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He said some institutions still fail to implement the recommendations, which can expose them to legal and financial consequences.
"Sometimes, recommendations are not implemented, yet institutions need to seek and follow legal advisers’ recommendations to avoid negative consequences that could arise from failing to do so,” Imanirakarama said.
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Imanirakarama said there has been improvement in the use of legal advisers’ recommendations compared with previous years, although some practices continue to expose institutions to legal risks.
He cited unlawful termination of employees’ contracts among the issues that could result in cases against public institutions and potentially lead to financial losses.
Charlotte Mukandungutse, a legal adviser at the Ministry of Sports, said legal advisers can recommend a course of action, but do not have the authority to compel institutions to implement their recommendations.
"There are often cases where legal advisers recommend what their institutions should do, but the recommendations are not implemented, which can result in losses to the state,” she said.
Bibiane Umuzayire Burayobera, permanent secretary at the Ministry of Justice, said bringing legal advisers together provides an opportunity to identify common challenges and share practical solutions.
"It is a good opportunity to meet and share challenges so that we can help each other address the remaining challenges and protect the country from losses linked to the misuse of legal advice,” she said.