The National Electoral Commission (NEC) is expected to announce the elected senators, as per the final results of the 2024 polls, by September 24, to serve a five-year term in the fourth legislature of the Senate.
This is based on the organic law of 2019 governing elections, which provides that the declaration of the final electoral results is done within seven days after proclaiming the provisional results.
While the provision results for the 12 senators elected by national administrative entities, Eastern, Southern, Western, and Northern and the City of Kigali, were published on September 16, the same day of elections, the two senators representing institutions of higher learning are due on September 17, according to NEC.
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Before the fourth legislature assumes its duties, here is what to know the Senate is and its mandate according to the Constitution.
What is Senate?
The Upper Chamber Rwanda's Parliament has a mandate to legislate and oversee the actions pf the Executive for and on behalf of Rwandans.
The Senate is composed of 26 senators, according to the Article 80 of the Constitution.
The Constitution provides that 12 senators are elected by specific electoral colleges in accordance with national administrative entities; eight are appointed by the President of the Republic, giving particular consideration to the principles of national unity, the representation of historically marginalised groups, and any other national interests.
Another four senators are designated by the National Consultative Forum of Political Organisations and two academics or researchers from public and private institutions of higher learning are elected by the academic and research staff of the same institutions.
According to the Constitution, former Heads of State who successfully completed their term of office or resigned voluntarily, can become Senators upon their request to the President of the Senate and approval by the Bureau of the Senate.
Custodian of six fundamental principles
The Constitution says that "The State of Rwanda commits itself to upholding and ensuring respect" for six fundamental principles articulated in Article 10.
Apart from common mission for both Chambers of Parliament, the Senate in particular, has a responsibility to monitor the application of those principles.
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The first principle is the prevention and punishment of the crime of genocide, fight against denial and revisionism of genocide as well as eradication of genocide ideology and all its manifestations.
The second principle is the eradication of discrimination and divisionism based on ethnicity, region or any other ground, as well as promotion of national unity.
The third is equitable power-sharing.
The fourth fundamental principle is building a State governed by the rule of law, a pluralistic democratic Government, equality of all Rwandans and between women and men which is affirmed by women occupying at least 30 per cent of positions in decision-making organs.
The fifth principle is building a State committed to promoting social welfare and establishing appropriate mechanisms for equal opportunity to social justice.
The sixth principle is the constant quest for solutions through dialogue and consensus.
Powers of the Senate in legislative matters
In legislative matters, the Senate is competent to vote on the revision of the Constitution, organic laws, laws approving ratification of international treaties and agreements on armistice, peace, modification of national laws, status of persons, establishment of international organisations, laws approving accession of Rwanda to international treaties and agreements on international organisations, as well as laws on defence and national security.
Powers to approve the appointment of officials
The Senate has the powers to approve the appointment of officials, namely the President, Vice President and Justices of the Supreme Court; the President, Vice President and Judges of the Court of Appeal; the, the President and Vice President of the High Court; the President and the Vice President of the Commercial High Court, and the Prosecutor General and the Deputy Prosecutor General.
The Senate also approves the Chairpersons, Vice Chairpersons and Commissioners on national commissions, the Ombudsman and Deputy Ombudsmen, the Auditor General of the State Finances and Deputy Auditor General, Ambassadors and Permanent Representatives to International Organisations, Provincial Governors and heads of public institutions.
The Senate also approves the appointment of other public officials determined by law.
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Right to initiate and amend laws
Initiation and amendment of laws is the right of every Member of Parliament in the Chamber of Deputies or the government acting through Cabinet. However, the Senate initiates the draft organic law determining the functioning of the Senate.
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The initiator of a draft law or private member's bill transmits it to the Speaker of the Chamber of Deputies.
Term of office of Senators
Elected and appointed Senators serve a five-year term, renewable once.
However, the senators who are former Heads of State are not subject to term limits.
The Senate cannot be dissolved
The Constitution provides that the Senate cannot be dissolved. This is unlike the Chamber of Deputies whose dissolution can be done by the President of the Republic for legally stated reasons.
Some of the reasons the Senate cannot be dissolved include its major responsibility to uphold and ensure respect for the stated fundamental principles without interruption; and the continuity in terms of legislation, working with the Executive and the Judiciary, according to the National Electoral Commission.
After a transitional period the followed the 1994 Genocide against the Tutsi, the first legislature of the Senate commenced in 2003 and ended in 2011. The second commenced in 2011 and ended in 2019, as per information from the parliamentary entity.
The third and current legislature began in 2018.
