Professional Court Bailiffs in Rwanda are calling on the Ministry of Justice to revise the ministerial order that determines their compensation.
They made this request on Friday, May 16, during the General Assembly of Professional Court Bailiffs held in Kigali.
Among the issues they raised were outdated compensation rates and challenges related to the digital systems used in the justice sector, which slow down case execution and delay service delivery.
The current ministerial order regulating the remuneration of professional bailiffs in Rwanda dates back to 2017. It stipulates that a bailiff who facilitates an amicable settlement between parties and drafts the judgment execution document is entitled to a service fee of Frw 20,000, paid by the client.
In addition, the order provides that the fee for debt collection through public auction—based on contracts, legal provisions, court rulings, or any enforceable document—is 5% of the amount collected.
If the execution involves enforcing a court decision or another enforceable document without a determined monetary value, the bailiff’s fee is capped at Frw 1,000,000.
The President of the Association of Professional Bailiffs, Me Jean Aimé Niyonkuru, highlighted to the Ministry that the current order has flaws and may hinder the government’s push for mediation.
“There are many tasks bailiffs do that don’t involve auctions, such as seizing funds from banks or delivering awarded assets. These don’t require auctioning,” he said.
He added: “The current order discourages bailiffs from supporting mediation because they know they won’t be paid for it. Some may even choose to auction just to secure payment. But if the law is changed to ensure payment from the start of any execution process, we would gladly embrace mediation.”
Professional bailiff Me Mihigo Safari stated that the current law causes neglect of certain duties.
“The law is poorly designed. It says 5% only applies during auction, but by then a lot of work has already been done—valuation, announcements, etc. Then the debtor sues you, and the judge cancels the auction,” he said.
He explained that bailiffs end up incurring financial losses while following up case executions, as they are not reimbursed.
“The law must change. Previously, there was a regulation offering Frw 500,000 per completed task. At least you got something. But now clients sue you, claiming you broke the law,” he added.
Mariam Gahongayire, Director General in charge of Access to Justice at the Ministry, acknowledged the issue and said discussions are underway to solve it.
“This is not the first time this request has come up. It was raised last year too. It hasn’t been ignored,” she said.
“The Ministry of Justice and its partners are working on it. We are reviewing whether that ministerial order should be amended to reflect current economic realities.”
Professional bailiffs’ remuneration is determined by the ministerial order issued by the Minister of Justice.
The organization and operations of professional bailiffs are governed by Law No. 12/2013 of March 22, 2013, published in Official Gazette No. 14 of April 8, 2013.
