SA faces legal action over Rwandan fugitive
TWO human rights groups said yesterday that they have launched legal action to force South Africa to revoke the refugee status of former Rwandan army general Faustin Nyamwasa.
The groups said South Africa was violating its own Refugees Act and international law by harbouring Nyamwasa, who has been accused of playing a catalytic role in the 1994 genocide in Rwanda.
"Refugee law is intended to protect the vulnerable, not those who are the cause of the vulnerability," said Alan Wallis, a lawyer at the Southern Africa Litigation Centre, which brought the case together with the Consortium for Refugees and Migrant Rights.
Officials at the Ministry of Home Affairs did not respond to requests for comment on the case.
Nyamwasa, formerly part of Rwandan President Paul Kagame's inner circle, fled to South Africa in February after being accused of corruption and abandoning his post as Rwanda's envoy to India.
He was shot and wounded outside his Johannesburg home four months later in what Foreign Ministry described as an assassination attempt by foreign "security operatives". South Africa recalled its ambassador to Rwanda in the wake of the incident.
Nyamwasa's presence has caused diplomatic headaches for South Africa.
Spain and France are both seeking to extradite him for his alleged role in the Rwandan genocide in which 800000 people were killed.
Rwanda also wants to bring him home to serve a 24-year prison sentence after a military court tried him in absentia on charges of desertion, defamation and threatening state security. He also faces terrorism charges for allegedly masterminding grenade attacks last year in Kigali in the run-up to presidential elections. He is also accused of involvement in the killing of civilians in Rwanda and the DRC, including 2500 Hutu refugees.
ApelMankotsana
I understand the role some African countries played during our fight against apartheid. I know that our African brother leaders have given refuge to our sons and duaghters of the struggle, but is South Africa supposed to just give eah and every African leader a refugee in the country, even if that leader contributed to the genocide of his people. I say NO. Our country cannot be a haven for all African leaders who killed, maimed, rape and slaughter their own people. If one look at the genocide in Rwanda, there is no way one can forgive people like Nyamwasaa. He must just go back to face detention. It will be a lesson to all African vampires.Report Abuse
ApelMankotsana
While still on Rwanda. Before the country could be colonised by the French, it was a unitary state with no tribes based on ethnicity. It was only after the colonisation,the French decided to picking up those Rwandans who were of a taller size, light in complexion and sharp nosed and gave them education, jobs, political positions and rulers. These were mostly Tsutis. The Hutus were then left out uneducated, unemployed and had no say in the running of the administration. This led to hatred between the Tutsis and Hutus, which culminated into a full blown civil war after the decolonisation by France. This shows the impact on colonisation in Africa.Report Abuse
potjiekos
Did I read that France and Spain are also seeking to extradite him.....?? France is quickly overtaking the the US in Africa.........Not so long ago they were in the forefront in Ivory Coast,then messed up in Libya and now Rwanda...Why can't these colonialists let Africans solve their own problems. Have n't they meddled enough in this continent of ours.They make me wanna puke!!Report Abuse
cyborg
Why do we habour this human rights abusers, and they are costing us an arm and a leg.Report Abuse
manu2
you Apel, you better write what you know better or ask if you don't know. where did you get the infos that France colonised Rwanda? Rwanda was colonised by Belgium.Report Abuse
ApelMankotsana
@manu2.Thanks for the correction.Yes it is indeed Belgium. But Chief, next time when you do a correction, do it in a very human and professional manner. I take very strong exception if you address me as " You Apel". But thanks.
Report Abuse
mafungwashe
@ApplelMankotsana.Thank you for giving a brief background about the Hutus and the Tutsis.I don't know how true you brief is but am tempted to believe because I had the opportunity to meet one guy from Rwanda during the Soccer world cup,as a volunteer,his features fit what you said however his explanation was that:His father is a Rwandan and his mother a french,they moved to France and he is currently studying in London.Sometimes bloggers are out of topic but some valuable information can come out of sidetracks.thanksReport Abuse
B4LES
Sir Abel, it is quite impressive to learn that there are still people who read, outthere. Thumbs up brother, people like manu2, please engage in debate in good spirit. We are hear also to learn Why can a fellow give sucha beaty background, and make a sible error, and you have to crush like tsunami, no brother, smell coffee!Nonetheless, Rwanda's genocide has bn very painful, not only on african continent but entire world. Yes clolonosation did a lot of damage. Whem Belgians embarked on that divide- in -rule principle, less did people know that is was to be the ferile grounds for cevil war between the Tsutis and the Hutis. Genocide of the Congolese Tutsis, known as Banyamulenge resulted in number of the 'sharp nosed' and 'tall' tsutis being masacred. I wonder where is Gen. Laurent Kunda (tsuti), a renegade Congolese army who used to be a figheter to the end. I suppose him and Nyammwasa should face ICC.
Report Abuse
manu2
I don't agree with you Apel. while I might have been harsh in my first reaction, you still don't get it about Rwanda when you say it was a unitary state with no tribes when colonisers came. Probably you read one sources and took it a sole truth. There are many controversies around Rwandan history, myself being a Rwandan. Do you know that up to know there no such think as history subject in Rwandan schools? because our intellectuals can agree on which one is right. Furthermore, even if Tutsi and Hutus were living together in harmony, Rwanda was exclusively ruled by Tutsi monarchs; that is the fact in the recorded history. Yes colonialism aggravated the situation further by establishing ID card based on physical traits, but colonisers did not invent the concept of HUTU, TUTSIS etc. They find them entrenched in the rwandan society. Sometimes we ignore the role our forefathers and fathers played in our fate and put the blame to colonisers. In the context of Rwanda, Rwandans are the masters on their fate with the complicity of western powers. Equally, in we should look beyond and see our own hads in the mess we are facing. Ciming back to Nyamwasa, again I will advise you to read carefully about Rwanda and the history of liberation and genocide. He was among those who claim to stopping the genocide although contested. falling out with his masters in kigali does not make him a genocidaire. He is a tutsi and tutsis were the victims; unless if there is another genocide recognised against the Hutu, then he is a genocidaire.Report Abuse