AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS
COUR AFRICAINE DES DROITS DE L’HOMME ET DES PEUPLES
APPLICATION NO 016/2015
KAYUMBA NYAMWASA & OTHERS V. REPUBLIC OF RWANDA
SUMMARY OF FACTS
1. The Applicants state that they are citizens of the Republic of Rwanda who are
currently in exile in South Africa, having fled from Rwanda.
2. They allege that they are against the exercise in Rwanda to amend the
Constitution to allow for the current President to run for the third term.
3. They allege that the campaign for the amendment of Article 101 of the
Constitution has been conducted in a climate of fear and that any challenges to
the amendments of the Constitution will likely not succeed as the judiciary of
Rwanda is allegedly not independent, particularly since some judicial officers are
also members of the ruling party.
4. The Applicants state that this has been against a backdrop of arbitrary arrest,
detentions and trials of leading political figures. Mr. Kayumba Nyamwasa also
states that South African Courts have found that his attempted assassination was
conducted by persons linked to the State of Rwanda.
5. The Applicants allege that the filing of an application by the ‘Green Party’ in the
courts in Rwanda to challenge the amendment of Article 101 of the Constitution,
is a sham since this Party is a creation of the President of the Republic of
Rwanda and that the whole exercise is intended to lend legitimacy to the process