By Our Reporters
To its credit, the New Vision of today Tuesday has published President Museveni’s 10th March letter to his Rwandan counterpart Paul Kagame. In the letter, Museveni discloses many things including admitting ever being contacted by Amb Charlotte Mukankusi who is an official in the rebel group Rwanda National Congress (RNC). Museveni reveals that Mukankusi (who does diplomatic errands for RNC) reached out to him and solicited his support for their rebel activities aimed at ousting Kagame. He says he told her he wasn’t in position to do such a thing because it would complicate commercial relations between Kampala and Kigali. He says Mukankusi was connected to him through one of the influential NRM cadres as somebody who had unflattering information to share about the way Kagame is misgoverning Rwanda. Museveni he declined and told her such were internal matters of Rwanda which he didn’t have appetite involving himself into. He says that Mukankusi came with another Rwandan called Gasana who sought his assistance on things that had nothing to do with politics.
KAGAME REFUSES
COURT OPTION
In the same letter, Museveni reminds Kagame of his 15th October 2018 advice on how he can solve the problem relating to billionaire Tribert Rujugiro Ayabatwa whose businesses Kigali wants Kampala to close down. Wondering why Kagame didn’t seem to like to act as advised, Museveni repeats to his Rwandan counterpart that the only way Rujugiro businesses can be forced out of Uganda is through courts of law. Our resident legal experts have explained that this would require the government of Rwanda to initiate extradition proceedings in the Ugandan High Court seeking an extradition order under whose authority Kagame would get his way against Rujugiro. Prominent city lawyer Peter Walubiri has in an interview with Mulengera news explained why Kagame wouldn’t be comfortable taking that path as advised by his senior YK Museveni. “First of all I’m not sure if any extradition treaty does exist between Uganda and Rwanda. But even if it existed, the two Presidents are used to a lot of informality and that’s how they have always helped each other to overcome their dissidents. It’s a tedious exercise that Kagame wouldn’t be comfortable subjecting himself to. In any case the standard of proof is very high meaning that the Rwandan government would have to produce hard evidence linking Rujugiro to real sponsorship of subversive activities against Rwanda,” explained Walubiri one of the leading lawyers in Kampala. “When Kayihura was IGP it was a matter of Kigali calling to say we need so and so and that person would be handed over. Its rendition but convenient as it seems, the method has its own problems because it’s a widely condemned practice and can cause problems for the country. So when he writes advising Kagame to go through court, Museveni is simply being polite and indicating to him that I’m not in mood to do what you are asking of me.” Walubiri says that besides the standard of proof being very high, Kagame wouldn’t be comfortable subjecting himself to the timid Ugandan courts at a time his relationship with Museveni isn’t good at all. “There are many things a timid judge can do to that application including delaying to hear it in order to appease powers that be. The whole truth is that rendition which has been practiced before, making Kagame used to doing business that way, is not politically convenient for Kampala anymore,” says Walubiri adding that the difficulties Kampala has endured in its efforts to extradite Patrick Agaba (aka Pato) from South Africa to answer for the Susan Magara murder is further indication that it’s not easy to get courts to permit extradition of a fugitive. Walubiri says that generally any court would caution itself to act very restrictively when faced with a situation of an autocratic regime being the one seeking to extradite someone accused of being a political dissident. “Whereas such applications are rare in the Ugandan courts, it’s easier for the applicant to succeed if the fugitive is being accused of offences like murder and theft but not so in cases of political nature.” In his letter, Museveni informs Kagame that the government of Uganda would have no problem freezing Rujugiro’s businesses once there is a court order directing them to. He informs Kagame that when he met Rujugiro, the businessman denied fighting Rwanda and said even if this were true, he would still rely on his businesses elsewhere to continue funding hostilities against Rwanda.
