Frank Habineza the president of Democratic Green Party of Rwanda
After miserably losing a court battle to block a bill that will allow amendment of the constitution, Rwanda’s Democratic Green Party (DGPR) is now seeking President Paul Kagame’s intervention.
It’s the last resort, they believe. “I believe as this does not put him above the law and it’s part of the constitution for us to appeal to the president who is listed as the protector of the constitution to avoid the abuse of the constitution,” the President of DGPR, Frank Habineza has exclusively told News of Rwanda.
Habineza’s move comes after the Supreme Court on October 8, tramped his controversial court case suing the government against the amendment.
Four days later, 96% of MPs voted in favour of a bill seeking to amend the current constitution.
Among the amendments, is article 101 limiting an incumbent to only two 7-years terms. Four million Rwandans signed a petition demanding that the article be scraped or revised. Once approved, Rwandans will go to a ballot and vote.
The DGPR says it will contest and fight this referendum tooth and nail. And they are, at least publically, the only party contesting.
“As promised, we submitted our request to His Excellence the President of Rwanda regarding the non-lifting of term limits,” Habineza said.
DGPR says they are equipped with a provision in article 98 of the constitution that obliges the president to solely protector he constitution.
Article 98 of the constitution states that the President is the, “guardian of the Constitution and guarantees national unity. He or she guarantees the continuity of the State, the independence and territorial integrity of the country and respect of international treaties and agreements”
However, Chief Justice, Prof. Sam Rugege has poked holes in Habeineza’s argument. In the highly anticipated ruling, he told DGPR that, “amendment of the constitution is not against democratic principles, contrary to the complainant’s allegation.”
Ironically though, Habineza does not say much about other amendments such as a proposal to increase women representation from 30% to 50%. He has placed all his eggs against the presidential term limits.
His fear, understandably, is the fact that President Kagame enjoys mass popularity across the country, also considering the fact that the constitutional amendment was forced into parliament by the public.
Once voted as proposed therefore, Kagame has almost 100% margin of winning against any candidate, only if he accepts to run. Rwandans say Kagame has given them peace, security and prosperity and thus should stay, but he has on several times insisted he will not be forced to run. He has placed demands and conditions as well.
In fact, he has said he believes the constitution should not be amended unless he is convinced “beyond reasonable doubt” why people need him to re-run.
The Green Party is now ridding on his views. Habineza is optimistic that Kagame will listen to his appeal, referring to a number of times when the President publically stated that if given an option he would not run for another term.
“The president has on countless times stated that he does not want to run for a third term and he is on record for this,” Habineza told News of Rwanda.
But the irony in Habineza’s approach is defined by the refusal to back off after both the legislature and the judiciary trashed his contestation. Appealing to the executive is now seen as “the horse’s last kicks”.
Indeed President Kagame has always been in support of DGPR’s moves from day one, especially when he said their lawsuit was “exercising their constitutional right”.
This time around, what will come out the apparent ‘appeal’, no one knows, because even Habineza himself has not announced what was entailed in the appeal. He told News of Rwanda late last night that, “No more details will be shared.”