international law. This rule concerns attribution of acts of
so-called de jure organs which have been expressly
entitled to act for the State within the limits of their
competence. Since SOF and APAPS were legal entities
separate from the Respondent, it is not possible to regard
them as de jure organs.”
23.
In the instant case, Article 2 of Rwanda’s Law No. 10 of 2006 –
Determining the Structure, Organisation and the Functioning of
the City of Kigali grants administrative and financial autonomy,
as well as legal personality to the City of Kigali. Article 3 of the
same law recognizes the division of Kigali City into districts. In
turn, Article 6 of the same law grants administrative and
financial autonomy, as well as legal personality to each district
of Kigali City. On the other hand, this Court’s understanding of
Article 11 of Law No. 28 of 2004 – Relating to Management of
Abandoned Property is that it provides for the establishment of
Commissions responsible for the management of abandoned
property ‘at national level, in each province or the City of
Kigali and in each district or town or municipality.’ The
Commission that is under scrutiny presently is the Kigali City
Abandoned Property Management Commission that was
set up under Article 11 of Law No. 28 of 2004 to undertake the
management of abandoned property in Kigali City. No law
was presented to us by the Applicant that expressly
designates the Commission as an organ of the State of
Rwanda as required by Article 4 of the ILC Articles or as was
the case in the Noble Ventures Inc. case (supra).
Consequently, the Commission cannot be deemed to
be a
de jure organ of the State of Rwanda neither can its actions
be attributed to the said State on that account. We so hold.
REFERENCE No. 10 OF 2013
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