On this day the 26th/09/2014 the Pretoria High Court in Pretoria dismissed the application brought by CORMSA (Consortium for Refugees and migrants in South Africa) against the Government of South Africa and General Kayumba Nyamwasa as baseless and unfounded and with costs.
The application was found to be baseless and unfounded, but informed by false allegations that Gen Kayumba committed crimes which they failed to prove to the Judge as they alleged.
The Judge further found that the Rwandan military court’s decision of guilty in absentia to be irrelevant and cannot be relied on or be taken serious.
The Judge found that the indictment by both French and Spanish courts on allegations of war crimes, to be unsubstantiated and to be mere allegations and therefore no reasonable grounds that he must be extradited to those respective countries or to be excluded as a political refugee.
The Judge found that there was no reason for exclusion as a refugee in terms of both South African law specifically Sec 4 of the refugees Act 1998 and under UN Convention of 1951 read together with the OAU Convention of 1969 and its protocol on refugees.
The Judge found that the South African Government did consider all the allegations and indeed correctly found that there was no reason to believe that Gen Kayumba Nyamwasa committed these crimes in the absence of any evidence to that effect.
The Court noted the following in its Judgment;
- That General Kayumba’s life was in danger and that there was no dispute about it, since his fallout with General Kagame President of Rwanda and became his political opponent.
- That there where many attempts on his life by the Govt of Rwanda.
- That the Government of South Africa was aware of the allegations and considered them,
- That the indictment by French Judge Bruguiere was declared by new investigative Judges Trevidic and Nathalia Poux to be false.
- That this court could not consider the Spanish indictment because it was based on Judge Bruguiere’s findings which were found to be false.
- That General Kayumba was correctly granted political refugee by South African Government in terms of both national and international law.
Therefore, the court dismissed the application with costs.
Attorney for the Gen. kayumba Nyamwasa: Kennedy Gihana
Family of Gen Kayumba Nyamwasa: Frank Ntwali