Rwanda: Measures Issued to Prevent the Spread of the Coronavirus (COVID-19) and their Potential Legal Implications
Published: March, 2020
With effect from 14 March 2020, Rwanda’s Ministry of Health and other governmental bodies have issued several measures that will be implemented in order to mitigate the risk of the coronavirus (COVID-19). This was turned into an almost total lockdown with immediate effect by a communiqué issued by the Office of the Prime Minister on 21 March 2020 and which will be in force during a two-week period (with possibility of extension). We provide a snapshot of measures taken and their potential legal implications. MEASURES ADOPTED Travel
Preventative measures
Hygiene and healthcare
Judiciary The Bureau of the High Council of the Judiciary ordered suspension of court hearings, pre-trial hearings and scheduled meetings between litigants, court administration and the Department of Inspectorate of Courts effective from 16 March 2020. However, other court services are available via online court system, known as integrated electronic case management system. LEGAL IMPLICATIONS OF THE MEASURES ADOPTED Measures taken affect all spheres of the country’s life with different legal implications, but below we consider potential legal implications on employment and labour relations, and ongoing contractual obligations. Employment and labour relations The measures adopted to prevent further transmission of COVID-19 are going to affect most if not all businesses including those that can continue their activities remotely. The question that arises relates to what employers whose businesses are severely affected by the COVID-19 outbreak (particularly those whose business cannot be continued remotely) can do to save costs during these daunting times, and if at all possible, without breaching the applicable laws, retrench their employees due to COVID-19
Implications of the COVID-19 outbreak on the ongoing contractual obligations “Ad impossibilia nemo tenetur” is a Latin adage known to every lawyer and even to some non-lawyers which denotes that nobody shall be liable in case of impossibility, and this is incorporated into the laws of various countries as force majeure. The most important question that needs to be addressed during these daunting times is whether the COVID-19 outbreak constitutes aforce majeureevent under the laws of Rwanda and therefore, parties to a contract would be exempted from performing their obligations at least during its persistence or lockdown measures declared by the Government of Rwanda. The answer to this question can be found under 92 of the Law Governing Contracts. Article 92 of the Law Governing Contracts provides that where a party’s performance is made impossible for reasons beyond his or her control including the absence of the object matter of the contract or another case offorce majeure, his or her obligation of performance will be extinguished, unless the circumstances indicate otherwise. The concept offorce majeureis not defined by the Law Governing Contracts, but the Supreme Court of Rwanda has in Rumanyika Jean Marie Vianney and Rusekampunzi Rumanyika Agathe v Ruzindana Egide (RCOMA 0017/10/CS, 2011) put forward three criteria that must be satisfied for a specific event to be considered aforce majeureevent. Those criteria are being unforeseeable, unavoidable and irresistible, which clearly suggests that a force majeure is an event that makes the performance of contractual obligations impossible, and accordingly circumstances making the performance of contractual obligations more onerous cannot be validly invoked as force majeure. Considering the various measures that have been taken by various countries including Rwanda, the COVID-19 pandemic may be validly invoked as aforce majeureevent but this will have to be considered on a case-by-case basis. Equally important to note is that most sophisticated contracts include pandemics in their definitions offorce majeure, and in such cases,force majeurewould be easily invoked except in case the prevailing circumstances may suggest that the pandemic has not prevented a party from performing its contractual obligations. The above are general guidelines, please consult your legal advisors for tailored advice. For more information, please contact: Désiré KamanziHead of ENSafrica Rwanda[email protected]+250 788 309 090 Dieudonné NzafashwanayoSenior Associate ENSafrica Rwanda[email protected]+250 733 300 305 William KaraigaAssociate ENSafrica Rwanda[email protected]+250 732 300 510
COVID-19, also known as the Coronavirus, is an infectious disease caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) that was declared a pandemic by the World Health Organization on 11 March 2020. The disease has since been reported in over 190 countries.
|