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Rwanda defends property law changes

Saturday January 18 2014

The Rwandan government has defended its decision to amend the law on abandoned properties, dismissing allegations that it intends to take over properties of dissidents.

The current law, which was enacted in 2004 to facilitate a government takeover of buildings owned by genocide victims and perpetrators was restricted to assets whose owners might have died and left no next of kin.

However, the amendment if approved by parliament, will allow the government to take control of all assets whose owners have fled the country for various reasons.

This comes after the government took control of Kigali’s oldest shopping mall — the Union Trade Centre — in September last year, which houses about 81 businesses and is valued at $20 million. It is owned by Rujugiro Ayabatwa, who is in exile in South Africa.

The mall was declared an abandoned asset by the Commission for Abandoned Assets of Nyarugenge District and according to the law, proceeds from such assets go to the State.

This prompted allegations that the government is amending the law to seize the property of its exiled dissidents.

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However, appearing before parliament last week, the Minister of Justice Johnston Busingye defended key amendments in the 2004 law, saying that the government is acting in the public’s interest. 

READ: Rwanda MPs questions ambiguities in law on abandoned properties

In particular, the government is concerned that such abandoned property may pose security threats among other things.

“The size of the property also matters. A small house abandoned somewhere in the village cannot be seen in the same light as a big commercial building somewhere in the city,” said Mr Busingye.

“The property referred to in this law is any immovable or movable property, which had owners, and which was later abandoned and is in the hands of non-owners and whose rightful owners may have died and there is no legal heir; be living in exile due to various reasons and be staying abroad due to various reasons,” the amendment reads.

Mr Ayabatwa said that his mall or the 81 businesses it houses had not raised any complaints to the government on management. He said that regardless of living outside Rwanda, he still manages his businesses.

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