UNION AFRICAINE AFRICAN UNION UNIÃO AFRICANA AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS COUR AFRICAINE DES DROITS DE L’HOMME ET DES PEUPLES CASE SUMMARY 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 1

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