A former senior Rwandan army officer is at the centre of a refugee storm in South Africa after two human rights groups contested in the courts the grounds on which he received his refugee status nearly three years ago.

The Consortium for Refugees and Migrants in South Africa and Migrants in SA have filed a case in court challenging the decision by South Africa to grant Lt.-Gen. Faustin Kayumba Nyamwasa with refugee status after he fled Rwanda in early 2001 following a falling-out with President Paul Kagame’s government.

The two organisations say South African authorities “exceeded their public powers and acted unlawfully and irrationally” when they granted refugee status to Gen. Nyamwasa on the day he requested for it, South African newspaper The Independent reported.

During a court appearance last Monday, lawyer Anton Katz, representing the Consortium for Refugees and Migrants in SA, argued that South African authorities did not follow the law.

“How can he walk into a refugee office applying for refugee status and walk out the same day with refugee status?” the paper quoted Katz as having told the court.

“It is unheard of. It is absurd… it cannot be done lawfully in one day.

“In obtaining refugee status the person was given full legal protection by the country and this, among other things, entitled him to basic health and other benefits.”

Drawn-out process

According to Katz, Gen. Nyamwasa, a former Chief of Staff of the Rwanda Defence Forces, applied for refugee status on June 22, 2010 and his request was immediately granted.

The Independent cited Katz as arguing that, in terms of South Africa’s Refugee Act, attaining refugee status was a drawn-out process, with immigration authorities having to verify information before coming to a conclusion on whether to grant this status or not.

“He is almost regarded as a South African citizen. How can he achieve all this in one day?” Katz posed.

The lawyer nonetheless said the two organisations did not want Gen. Nyamwasa, who also served as his country’s ambassador to India, deported to Rwanda but were pointing out the discrepancies in his application for refugee status. They want him to apply for another permit.

Gen. Nyamwasa, who was sentenced in absentia by Rwanda to life imprisonment for terrorist activities, accused President Kagame of being behind an assassination attempt that he survived in mid 2010, a claim the government denied.

The lawyer representing the South African government in the refugee status dispute case, Marumo Moerane, has denied that Gen. Nyamwasa’s case was dealt with in a day. Mr Moerane asked the complainants to produce relevant evidence before the court to support their case.

Moerane said the general stated in his application that he and his family applied for refugee status on June 22, 2010 – evidence the government tabled in court on Tuesday. (African Review)