1. Mr. Malaala AIMABLE
Civil Litigation Division Manager, Ministry of Justice
2. Mr. Rubango Kayihura EPIMAQUE
Senior State Attorney
After deliberation,
Makes the following Order:
I.
THE PARTIES
1. The Applicants are General Kayumba Nyamwasa, Mr. Kennedy Alfred Nurudin
Gihana, Mr. Bamporiki Abdallah Seif, Mr. Frank Ntwali , Mr. Safari Stanley, Dr.
Etienne Mutabazi and Mr. Epimaque Ntamushobora (hereinafter referred to as
"the Applicants") requesting certain interim measures. The Applicants claim to
be citizens of the Republic of Rwanda who are currently in exile in the Republic
of South Africa, having fled from Rwanda.
2. The Respondent is the Republic of Rwanda. It ratified the African Charter on
Human and Peoples' Rights (hereinafter referred to as "the Charter") on 22 July
1983 and the Protocol on 6 May 2003 and is party to both instruments. The
Respondent deposited , on 22 January 2013, a Declaration accepting the
competence of the Court to receive cases from individuals and NonGovernmental Organisations, within the meaning of Article 34(6) of the Protocol
read together with Article 5(3) of the Protocol. 1
II.
SUBJECT OF THE APPLICATION
3. The Application is based on the exercise in Rwanda to amend the Constitution
to allow the President of the Republic of Rwanda to seek election to serve for a
third term as President. The Applicants allege that Article 101 of the Constitution
of the Republic of Rwanda provides that the President shall serve for only two
(2) terms.
1 It should be noted that the Respondent withdrew this Declaration on 29 February 20 16. On the
decision of the Court in .th is regard , see paragraphs 22 and 23 of this Order.