"War crimes suspect" has asylum in SA

The Department of Home Affairs’ deputy director-general responsible for immigration, Jackson McKay, said yesterday that Lt-Gen Kayumba Nyamwasa had successfully applied for residency in SA. The law prohibits the granting of residency status to human rights violators.

“He applied for asylum in SA , his asylum was adjudicated and was granted,” Mr McKay said.

Among those concerned with case was the Consortium for Refugees and Migrants in SA advocacy body. “There are very clear indications that this particular general had been connected with war crimes and crimes against peace,” said its chairperson, Kaajal Ramjathan-Keogh.

Lt-Gen Nyamwasa was shot and injured on Saturday as he drove home to Melrose Arch from a shopping trip with his wife.

Questions over his status arose amid allegations that he could be a war criminal.

The Rwandan army’s former chief could present the government with a dilemma over whether to send him back to Rwanda or hand him to France and Spain should they seek his extradition to face prosecution for international crimes. SA does not have an extradition treaty with Rwanda.

The two countries have issued arrest warrants against Mr Nyamwasa for his alleged role in killings during the 1994 genocide, along with other senior figures in the Rwandan Patriotic Front led by President Paul Kagame.

Legal sources said the difficulty for SA was that it could not send Lt-Gen Nyamwasa back to Rwanda, because to do so would expose him to political persecution, and would offend SA ’s international law obligations.

“But individuals suspected of committing grave human rights violations are disqualified from refugee status under South African and international law, so in granting asylum SA again risks violating its legal obligations,” said a human rights lawyer who spoke on condition of anonymity .

Since Lt-Gen Nyamwasa had been indicted by Spanish and French courts, SA would be obliged to hand him over .

Earlier this week the Department of Justice confirmed the Rwandan government had made an extradition request , along with a former colonel in the Rwandan army, Patrick Karegeya.

Spokesman Tlali Tlali said the ministry was consulting the law to assess whether SA could extradite a person with asylum. Four men are in court on Tuesday for the attempted murder of Lt-Gen Nyamwasa. Charges against two others were dropped.

25 June 2010, Business Day Wilson Johwa