Today on 09 September 2015, for the first time in Rwanda’s history, a legal case has been brought against the Rwanda’s ruling party in the Rwandan court. The legal case brought by Green Party the only Rwanda’s registered opposition is to challenge the government in its desire to exercise its unconstitutional rights by amending article 101 and allow President Kagame to run office for a third term. Based on the fact that we all know Rwanda’s courts are politically administered and not independent, the Rwanda’s Supreme Court’s decision to hear the case as it was opposed by the ruling party's elites has come as a surprise to many people. I tried to make analysis of the likelihhod from Rwanda's supreme court decision.
If the case is won by Green party and the constitution regarding presidential term limits is blocked from being amended then the following scenarios are likely:
1.The Supreme Court may order impeachment for those who attempted to violate the constitution and be forced to resign.
2.The supreme court’s decision to block a well feared President’s third term in office will trigger a sense of rule of law in the country that no one will manage to break as the court’s trust of independence will be owned by almost every Rwandan
3.The Rwanda’s supranational (consensus) political system would be shifted to adversary political system and as results those political parties in coalition with the RPF will break up and go solo in their political campaign
4.Rwanda’s Green Party will become powerful political party as it will gain more popularity among Rwandans inside and outside Rwanda and will end up being the most powerful political party in Rwanda after the RPF.
5.As a result of Rwanda ‘s supreme Court ruling against the ruling parties’ ambition to change the constitution with a possibility of patronage if this ambition succeed, the country’s laws would become superior where every members of Rwanda’s elites will be accountable and in fear of this, Rwanda’s justice system will start to be fair and transparent.
6.Rwanda’s President Paul Kagame would enjoy all his benefits granted to all former Rwanda’s presidents but he may not be allowed to be a senator as his stepping down was challenged by the court hence his legacy as Rwanda’s democracy founding father will be lost the same if he carries on ruling as against Rwanda’s constitution his leadership will be shifted from good dictatorship that brought all Rwandans together to live in peace to authoritarian and tyrant dictatorship where he would be seen as a Monarch who is not concerned by the country’s laws and rules, the outcome that may be avoided if possible.
7.Instead of Rwanda’s democracy being founded on a person’s good deeds, it will be founded on country’s rule of law and the constitution will become a very powerful document that every member of Rwanda’s ruling party will not feel the power to change it or amend it as it currently stands. Meaning if the Supreme Court manages to block the current Rwanda’s ruling party from amending the article 101, it would mean the end of the impunity mostly enjoyed by Rwanda’s ruling parties ‘elites.
8.If the Supreme Court is manipulated by either party, we may see what is happening in Burundi happening in Rwanda as internal conflict would be unavoidable and this would be different if the Supreme Court has ruled out to have power to decide on matter concerning constitution as the RPF’s defence allege. In this instance where the Supreme Court has agreed to have power to hear constitutional case, it must make sure that the legal case brought to them is heard in a way that is fair and transparent.
9.The RPF which is a ruling political party if it wants to keep its ambition unstoppable, it may end up replacing those judges in supreme court through impeachments by Rwanda’s parliament that support Kagame’s third term in office and their office be replaced by judges who would rule in favour of the current Rwanda’s ruling party’s ambition to see president Kagame have his third term in office and this will also trigger more internal disagreement and conflict and more defiant individuals who would make those who want to rule the country by force finding it difficult.
10.The new Rwanda may be created by this legal constitutional case brought by Frank Habineza against the Rwandan Government. The power to make Rwandans lives better or to ruin their lives is now in the hands of the Supreme Court and may God guide the Supreme Court’s judgements.
All we know now is that illegally, those who represent the government has tried to delegitimise the Rwanda’s supreme court in the public mind by saying that it does not have the power and due to the fact that President is the guardian of the constitution, we all believed in him having the final say hence today’s supreme
by Jean Paul Ndindamahina, 09 September 2015
If the case is won by Green party and the constitution regarding presidential term limits is blocked from being amended then the following scenarios are likely:
1.The Supreme Court may order impeachment for those who attempted to violate the constitution and be forced to resign.
2.The supreme court’s decision to block a well feared President’s third term in office will trigger a sense of rule of law in the country that no one will manage to break as the court’s trust of independence will be owned by almost every Rwandan
3.The Rwanda’s supranational (consensus) political system would be shifted to adversary political system and as results those political parties in coalition with the RPF will break up and go solo in their political campaign
4.Rwanda’s Green Party will become powerful political party as it will gain more popularity among Rwandans inside and outside Rwanda and will end up being the most powerful political party in Rwanda after the RPF.
5.As a result of Rwanda ‘s supreme Court ruling against the ruling parties’ ambition to change the constitution with a possibility of patronage if this ambition succeed, the country’s laws would become superior where every members of Rwanda’s elites will be accountable and in fear of this, Rwanda’s justice system will start to be fair and transparent.
6.Rwanda’s President Paul Kagame would enjoy all his benefits granted to all former Rwanda’s presidents but he may not be allowed to be a senator as his stepping down was challenged by the court hence his legacy as Rwanda’s democracy founding father will be lost the same if he carries on ruling as against Rwanda’s constitution his leadership will be shifted from good dictatorship that brought all Rwandans together to live in peace to authoritarian and tyrant dictatorship where he would be seen as a Monarch who is not concerned by the country’s laws and rules, the outcome that may be avoided if possible.
7.Instead of Rwanda’s democracy being founded on a person’s good deeds, it will be founded on country’s rule of law and the constitution will become a very powerful document that every member of Rwanda’s ruling party will not feel the power to change it or amend it as it currently stands. Meaning if the Supreme Court manages to block the current Rwanda’s ruling party from amending the article 101, it would mean the end of the impunity mostly enjoyed by Rwanda’s ruling parties ‘elites.
8.If the Supreme Court is manipulated by either party, we may see what is happening in Burundi happening in Rwanda as internal conflict would be unavoidable and this would be different if the Supreme Court has ruled out to have power to decide on matter concerning constitution as the RPF’s defence allege. In this instance where the Supreme Court has agreed to have power to hear constitutional case, it must make sure that the legal case brought to them is heard in a way that is fair and transparent.
9.The RPF which is a ruling political party if it wants to keep its ambition unstoppable, it may end up replacing those judges in supreme court through impeachments by Rwanda’s parliament that support Kagame’s third term in office and their office be replaced by judges who would rule in favour of the current Rwanda’s ruling party’s ambition to see president Kagame have his third term in office and this will also trigger more internal disagreement and conflict and more defiant individuals who would make those who want to rule the country by force finding it difficult.
10.The new Rwanda may be created by this legal constitutional case brought by Frank Habineza against the Rwandan Government. The power to make Rwandans lives better or to ruin their lives is now in the hands of the Supreme Court and may God guide the Supreme Court’s judgements.
All we know now is that illegally, those who represent the government has tried to delegitimise the Rwanda’s supreme court in the public mind by saying that it does not have the power and due to the fact that President is the guardian of the constitution, we all believed in him having the final say hence today’s supreme
by Jean Paul Ndindamahina, 09 September 2015