80. With regard to reinstatement, the Court notes that in its two (2) judgments,
the
Supreme Court examined the allegations of discrimination and concluded that its
case-law cited by the Applicant was not applicable to him given that his dismissal
occurred during his probationary period. The Supreme Court dismissed the claim
for reinstatement
as unfounded
with
regard
to the reason
for the dismissal.°*
Accordingly, the Court finds that, in the circumstances of the case, the Supreme
Court applied the principle of distinction in a manner that is consistent with the
right to equality as guaranteed by the Charter.
81. With
regard to the allegation of violation of the right to equality before the law
stemming from the failure to annul the dismissal and to reinstate him, following
the finding of irregularities in the dismissal, the Court notes, as it held earlier, that
the Supreme Court examined the relevant grounds and held in conclusion that
whereas
the dismissal
reinstatement was
procedure
not applicable
had
not respected
in the Applicant's
the right to be heard, the
case.
Moreover,
and
as a
result, the Supreme Court upheld the decision of the lower court on the merits to
award the Applicant damages for the prejudice suffered. The Court therefore finds
that there has been no violation of the right to equality before the law.
82.
In view of the foregoing, the Court finds that there has been no violation of Article
3 of the Charter.
C.
Alleged violation of the right to work
83.
The
Applicant
disregarding
alleges
that
RECO
&
RWASCO
wrongfully
his status as a state official, dismissal which
dismissed
him
by
in particular requires
the
prior opinion of the Public Service Commission as stipulated in Articles 22 (3)
and
(5) and
93 of Law
No. 22/2002
of 09/07/2002
on the General
Rules
and
Regulations of the Rwandan Civil Service.
%8Judgment RADA 0015/13/CS of 08/11/2013, §§ 29-31; See Judgment No. RS/REV/AD/0003/15/CS of
27/1/2017, §§ 29-37.
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