A group representing refugees and migrants has approached the Supreme Court of Appeal (SCA) to challenge the state’s “granting of refugee status to alleged war criminal General Kayumba Nyamwasa”.
The Consortium for Refugees and Migrants in South Africa (CoRMSA)‚ with the support of the Southern Africa Litigation Centre (SALC)‚ said it is seeking “to protect the integrity of the refugee system and to ensure that South Africa is not a safe haven for criminals”.
CoRMSA said on Wednesday that‚ having being denied leave to appeal the North Gauteng High Court in Pretoria ruling that “Nyamwasa is entitled to refugee status in South Africa” last year‚ it “directly petitioned the SCA”.
“Nyamwasa has been accused of committing war crimes in Rwanda and the Democratic Republic of Congo while serving as a general in the Rwandan Patriotic Army‚ and is the subject of an extradition request from France in respect of these international crimes‚” a CoRMSA statement said.
“General Nyamwasa was granted refugee status by the South African authorities despite the fact that the South African Refugees Act renders suspected perpetrators of war crimes ineligible for refugee status.”
CoRMSA said it had raised the issues with authorities in June 2010‚ but received “no meaningful response”‚ so took court action.
Despite presenting “credible evidence implicating Nyamwasa in the commission of egregious international crimes…the High Court ruled that the South African authorities were aware of‚ and considered the serious allegations against Nyamwasa and also that CoRMSA had not shown sufficient reason to believe that Nyamwasa was involved in the alleged crimes”.
“This case is of grave importance as the sanctity of the refugee system is at stake” said SALC executive director Kaajal Ramjathan-Keogh.
“Yet again South Africa is being treated as a safe haven for suspected criminals. This cannot continue.”
“The refugee system is designed to protect the persecuted not those who are suspected of being persecutors‚” said CoRMSA director Roshan Dadoo.
“In addition‚ this case represents the importance of ensuring transparency and proper decision making when handling refugee applications.”
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