Term limits: Green Party fails to get lawyer in court petition

The Supreme Court, yesterday, adjourned the case in which the Democratic Green Party of Rwanda is seeking to halt a push for a referendum to amend the Constitution, particularly the Article that sets presidential term limits. Early last month, the party filed a case to the Supreme Court seeking an order to stop attempts at a referendum, claiming that it is unconstitutional. Appearing before a panel of nine judges with Chief Justice Prof Sam Rugege presiding, Green Party vice president Carine Maombi, said they did not have a lawyer and asked for adjournment of the case to January next year. However, state attorneys, who represented the Government, said the plaintiffs had resorted to delaying tactics because they are aware their petition does not hold substance. “This shows lack of seriousness on the part of the petitioner. It is very clear they made this application to get a platform for their political expedience. To them, it was never a legal matter; this is basis enough for court to consider dismissing the case at this stage,” said Aimable Marara, one of the state attorneys. Theophile Mbonera, another attorney, questioned the reasons given by the plaintiff to justify the absence of their lawyer, saying it was clear they had never engaged a lawyer, even during the preparation of the case. Maombi had, at the beginning of the trial, stated that their lawyer only pulled out of the case yesterday morning, claiming he was scared to represent them. “If this is the case, have they informed the bar association? Because this would be a serious ethical case if, indeed, it is what the lawyer did. But our concern is, throughout the preparation of the case, there has never been a lawyer involved, as far as we know,” said Mbonera. The law governing the functioning and jurisdiction of courts states that no litigant can plead a case before the Supreme Court without legal representation. It is on this basis that the judges, after about 30 minutes of deliberation, ruled to postpone the case to July 29. “In the interest of justice, we cannot proceed with the case with the plaintiff having no attorney. We, however, could not grant the over six-month adjournment, so the parties should be here on July 29 to proceed with the case,” ruled Rugege. Close to four million Rwandans presented their written petitions to Parliament, asking for the initiation of the process to have a referendum to amend the constitution to allow President Paul Kagame lead the country beyond 2017, when his constitutional two terms come to an end. For the referendum to take place, both chambers of Parliament have to approve it by two-thirds majority. editorial@newtimes.co.rw

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Term limits: Green Party fails to get lawyer in court petition