The Rwandan Justice Minister and Attorney General Mr Busingye Johnston has failed the President and the Rwandan people, he should therefore resign. Article 115 (2) stipulates that a president could be prosecuted by his own courts if he/she commits grave and intentional violation of the constitution or treason. Indeed, he does not only lose his seat and be prosecuted but loses the presidential benefits accord to the former Heads of State. Why then the senior legal advisor of the government has failed to whisper his boss on the serious consequences of the continued violation of the Rwandan Constitution?

Article 145(8) stipulates  that  trying the President of the Republic  on charge of high treason  or grave  and deliberate  violation of the constitution  shall be filed to the supreme court by  a vote of both chambers of parliament  in joint session, by two thirds majority vote of members of each chamber. Is the Rwandan Attorney General aware of these Articles in the Rwandan constitution?

For many occasions the Rwandan President has been in breach of the Rwandan Constitution which he swore to protect and uphold, he has publicly without remorse declared killing his own people without due process of the legal justice. Moreover, the Constitution and the international law prohibit extra judicial killings.

Article 18(1-2) stipulates that, the person’s liberty is guaranteed by the State. No one shall be subjected to prosecution, arrest, detention or punishment unless provided for by the laws into force at the time of the offence. Is the Minister of Justice and Attorney General incompetent or indifferent or scared of his boss? The Attorney General does not only represent the government in courts of law, but he advises the government in all legal matters including the Head of State.

Therefore if the Attorney General cannot advise the president on the legal matters pertaining his utterances and deeds, the legal team in the office of the President should be aware of this recklessness of the office of the Attorney General and tell their boss that what he is doing is legally wrong and the Rwandan Constitution has absolutely ring fenced such actions with serious consequences. Paradoxically, the Rwandan Minister of Justice collided with his boss, On June 1, 2014; the Rwandan Justice Ministry released an assessment of Human Rights Watch’s activities in the country, questioning its motives.

“Is it a bona fide, independent human rights watcher or an embedded undercover political actor?” according to a copy of the assessment published in the Rwandan government mouth piece newspaper The New Times. Interestingly before the ink dried on the paper, the Rwandan Head of State categorically without mincing words admitted what the Human Rights Watch published in its report. The Rwandan Head of State even went further by saying that he will give a directive or he has already directed his security forces to shoot on sight any suspect of what they call terrorism or collaboration with terrorism.

I would like to remind the Rwandan President that the Human dignity is sacred and inviolable in any democracy, irrespective of any crime if it’s not sanctioned by law.  The Rwandan government was admitted to the family of the Commonwealth on the promise that it will uphold the ideals of the rule of law, freedom and democracy as is practiced in the Commonwealth of Nations.  Therefore, the Commonwealth should kick out Rwanda if it cannot uphold the values and ideals of this organization before it is tainted by the crimes and killings of the Rwandan regime. The crimes of the Rwandan regime are now an open secret, the US State Department has warned the Kigali government that the business would not be as usual if it continues its violates of human rights. The United States expressed deep concern on over the arrest and disappearance of dozens of Rwandans over the last two months, including people held up to two months without being charged or allowed to communicate with their families. “The United States calls upon the Government of Rwanda to account for individuals arrested over the past two months and currently in custody,” spokeswoman Marie Harf said.

Harf further said in a statement that some of those arrested were detained “incommunicado” without charges. “We also call upon Rwanda to fully respect freedom of expression, including for members of the press so that they can investigate, report, and facilitate discussion on issues of public concern,” Harf said. As usual the Rwandan Head of State with his arrogance castigated what he called foreign interferences in what he calls domestic affairs of his company Rwanda.

As the end of the Kagame’s term draws closer, and his counterparts in the region seeking to change the Constitution to seek for more like Oliver Twist , its unlikely that Kagame will leave the office as some of his admires had anticipated.  Consequently his appetite for power will increase the momentum of the violations of human rights, disappearances, extra judicial killings, intimidation and kangaroo courts for people who try or just suspected to oppose the Rwandan dictator. If the office of the Attorney General cannot advise the President that what he is doing is not only wrong but also illegal, the Attorney General should be brave enough to resign or he is an accomplice in all the crimes his boss is committing against the Rwandan people.

Jacqueline Umurungi