DEFENSE LAWYERS IN GEN KAYUMBA'S CASE HITS A BRICK-WALL.

Johannesburg – Yesterday the 29^th March 2012 the court resumed the case of Gen Kayumba Nyamwasa, where Captain Bongani continued his cross examination with defense lawyers, who were agitated throughout the proceedings and hit a brick -wall.

During the examination, he affirmed to the defense lawyers that; “ I did not know the victim, Gen  Kayumba Nyamwasa, prior to taking confession from the accused number one”. Asked about if he heard a certain Mr Frank, he said that he does not know him and he hasn’t met him.

The defense team deliberately ignored then fact that English is a third if not fifth language in Black communities , undermined the intellectual capacity of the captain as well as of the accused number one by asking him whether the accused number one (Amani Uwimana) was able to mention a word “ Murder” or that Bonagni confused the word “Murder with Shooting” during the taking of confession. The captain insisted that the accused verbally said the word “Murder” thereafter, the confession was ready back to the accused who later confirmed what was ready to him as a true reflection of what he has just said to the captain.

The defense team had no further questions to the captain. The magistrate together with the prosecutor released the captain and called in Col Kwena George Mohlame the lead investigator who, during the investigation, requested his colleague (Lt Col Modile Dorothy Mohlelale, known as MDM) to assist in the pointing as well as taking down the confessions.

Lt Col  Dorothy Mohlelale from the Organized Crime Unity in Vaal  took down the confessions and the pointing. As is a common norm during the taking of confession, Dorothy told the court that; "prior to taking the confessions from the accused, I unhand-cuffed him in order for him to feel free, and it was done in an office on the third floor from the Joburg Organized Crime offices".

The Rights and justice of peace were explained and the confession was taken. During the taking of the confession accused number one “in his sober sense” said Dorothy, the accused “ I didn’t do anything. I only wanted the money and get out”. The accused also added that “I am going to point out the person who wanted to kill the person (Gen Kayumba Nyamwasa) in Mayfair”.

Justice of peace then asked the accused (Amani Uwiman) if he had sustained any injuries or assaulted in any way. He confirmed that there was no injuries obtained while in custody. The pictures were then taken by a male officer, thereafter they proceeded for the pointing.

“The pointing in Mayfair were done by the accused freely and voluntarily” said Lt Col Dorothy. After the pointing, the accused number one (Amani Uwimana) and the Left Col returned to the office were he was again taken pictures before going back to the High Risk Detention facility in Joburg.  

The case continues today the 30^th March 20112, where the state will bring in a new witness. It’s evident that the defense team has lost its grip on the case. Their attempt to claimed that English is not their 1^st or 3^rd language for the accused, is irrelevant while all the confessions from different investigators, justice of peace were done in English by the accused themselves.  

J D Mwiseneza
Jeppe Magistrate Court

Johannesburg.

Gen KAYUMBA NYAMWASA'S CASE PROVES TO BE WATERTIGHT.



Armani Uriwani in a red t-shirt, during consultation with his lawyer.



Johannesburg - The case in which the state accuses Armani Uriwani ( accused 1) together with  the rest of five accused with conspiracy to murder and attempted murder, preceded today with trial within a trial where the defence alleges duress into the making of confessions  by accused 1 that resulted into the arrest of the rest of the accused. The prosecutor opened the session by calling to the witness stand col Zwane George Mohlame  to the court and after went on to lead evidence.  

While on stand the investigating officer Col mohlame explained how he took over the case right from the 26^th of June 2010 and how he conducted investigations and obtained statements from all the six (6) accused following all the right procedures in order not to violet their rights, and how he thereafter asked them if they could repeat what they had just told him to a magistrate or to the justice of peace and how he went on to explain what justice of peace meant. They confirmed that they understood.

After the prosecutor leading the evidence, the defence team started cross examining the witness (col mohlame). What the defence seemed to want to establish was that the accused number one  ( Arman Uriwani )together with accused number two ( sadi) were assaulted and promised to turn state witnesses if they helped the state  to bring the perpetrators to book  of which the  witness Col Mohlame denied and the defence didn’t have facts to substantiate their allegations.     

Colonel Mohlame finished his cross examination at eleven thirty, and then the prosecutor requested from the judge a fifteen minutes break of which was granted.

At eleven forty five, the court resumed and the defence lawyers continued to cross examine the witness.  Colonel Mohlame affirmed to the defence lawyers that during his interview with the accused number one (Armani  Uriwani), “ the accused cooperated with police in order to arrest other accused”.  Questioned whether he was promised to be a state witness, Colonel Mohlame said that “there was a possibility of using him as a witness, but there was no promises made to him”.

Colonel Mohlame further indicated to the court that the accused,  Armani Uriwani, a.k.a Rukara told him of how he was contacted while practicing soccer, and what transpired thereafter.  During the interview “ Rukara seemed relaxed and calm  and that made me believe what Rukara was saying to be true”.

He ( Armani uriwani) went further  and said that; “my aim was to get the money and feed my children and get out of the deal “. He also told him ( Col Mohlame) that “it was never my intention to kill someone”.

Colonel Mohlame told the court that when Rukara heard people mention a name “Afande” he immediately knew that”it was a high profile person to be killed and he didn’t want to go further with the job”. Colonel Mohlame’s cross examination ended at this point.

After the court took a break for few minutes, the prosecutor brought in Captain Nicolas Bongani Ganinda from the Gauteng Vehicle Identification System at the SAPS, who took the statement from the accused number one.

Captain Bongani indicated to the court that he was asked by Colonel Mohlame to take statement from the accused number one in an office next to his office room at the Johannesburg Organised Crime Unity, based at the old Johannesburg stock Exchange building on Kerk and Diagonal Street, Johannesburg.

The accused number one was brought in by Colonel Mohlame without handcuffs, as he felt that there is enough security in the building and that the accused was cooperating with the police.

Before he (Capt Bongani) could start taking statement from the accused, he explained to the accused his rights and what justice of peace meant. The accused confirmed that he understood it and is ready to give his statement. He also indicated that it is made freely and voluntarily.

Captain Bongani told the court that the statement and his conversation with the accused was done in English and that the accused wanted to tell the truth and clear his name.  The defence lawyers asked him if there was any benefits promised to the accused, Captain Bongani told the magistrate that there were no promises made and that Rukara further  informed him that; “ I want to tell the truth and let the law take its course”. He (Rukara) also added that he was involved in the planning of the crime but he was not there when it took place, and that he was offered R14 000 for his involvement in the killing of Gen Kayumba Nyamwasa.

The defence lawyers questioned him to weather Rukara understands and reads English, as he speaks broken English, which you can hardly hear. Captain Bongani confirmed to the court that his interactions with the accused made him believe that the accussed number one ( Armani uriwani) was able to express himself well in English and seemed  an intelligent man. He also told the court that all information was given freely and voluntarily by the accused.

The defence team insisted that Rukara can’t speak or read English and that their client was forced to make statement that he does not even understand, and that English is not his first language. Captain Bongani responded to the defence lawyers that English is not his first language as well and that “I tried to the best of my abilities to communicate with him and we got on along very well”.

The court was adjoined for the following day, 29^th March 2012.  What remains clear and quite evident to everyone in court is that the defence failed their bid in this trial within a trial to prove to the magistrate that their client accused number one ( Armani uriwani) was under duress  into giving those confessions.  

J D Mwiseneza

Jeppe Magistrate Court

Johannesburg, South Africa.

RNC LEADERS WITH RWANDAN YOUTH TEAMS FROM PRETORIA AND JOHANNESBURG..mp4

IMVUGO NIYO NGIRO. IHURIRO NYARWANDA RIKOMEJE GUHUZA ABANYARWANDA

Ejo kuwa gatandatu tariki ya 24 Werurwe mu mujyi wa Pretoria, South Africa

Abanyarwanda bíngeri nyinshi bari babukereye baje kureba umukino wúmupira wámaguru wahuje urubyiruko rwábanyarwanda batuye mu mujyi wa Johannesburg nábavandimwe babo batuye mu mujyi wa Pretoria.

Ibyo birori kandi byitabiriwe na bamwe mu bayobozi bámashyirahamwe anyuranye ahangarariye abanyarwanda muri South Africa ariko benshi bari bari abo mu IHURIRO NYARWANDA(Rwanda National Congress).Aha Twavuga nka Ntwali Frank(uhagarariye byagateganyo RNC mu rwego rwa Africa) Etienne Mutabazi(akaba ariwe vice chairman wa RNC muri Africa) Fulgence Turinumukiza(Perezida wïmpunzi zábanyarwanda baba Johannesburg)

Umukino rero wari ushyushye cyane nyuma yaho umukino ubanza wabaye umwaka ushije Johannesburg yari yanyagiye Pretoria Ibitego bine kuri bitatu,byaragaragaye ko Pretoria yari yiteguye neza ikaba yarishyuye Johannesburg ibitego byose uko ari bine naho Johannesburg ikabasha kwinjiza igitego kimwe gusa muri uwo mukino.

Ibirori byakomereje Pretoria North aho abakinnyi ndetse n’abafana bari benshi bateraniye bagasabana, bica akanyota ndetse bacinya n’akadiho.

Baligira Ferdinand uhagarariye RNC muri Pretoria akaba ari nawe wakiriye ibyo birori,mu ijambo rye yashimiye abari aho bose ndetse abaha níkaze.

Bwana Etienne Mutabazi waje ayoboye delegation yaturutse I Johannesburg we mu ijambo yagejeje ku bari aho yasobanuye uburyo abanyarwanda aho turi hose tugomba guharanira kwimakaza umuco wo kubana,koroherana no gukundana tutitaye ku myumvire ya politike,ubwoko,amadini,uturere,igitsina níbindi.Yongeyeho kandi ko urubyiruko rw’abanyarwanda rugomba gufashwa mu buryo bwose bushoboka kugirango ruzabe ingirakamaro mu kuzakomeza umuco kwo kubana neza nta vangura mu Rwanda rwejo.

Frank Ntwali mu ijambo yavuze asoza uwo munsi yasonuriye abari aho ko Ihuriro Nyarwanda rizakomeza gushyigikira igikorwa nkiki, yongeraho ko kubaka igihugu bitangirira mu muryango bikajya muri cominote hanyuma kominote ikubaka igihugu.

Ihuriro nyarwanda rero rizakomeza guharanira ko buri munyarwanda aho ariho hose

Yiyumvamo igihugu cye kandi bikamutera n’ishema.

Frank Ntwali kandi yashimiye komite zashyize mu bikorwa uwo mukino cyane cyane

Abakinnyi bitanze ndetse bakanerekana umukino mwiza.Ashimira kandi abari n’abategarugori ndetse n’abana bato benshi bari bitabiriye ibyo birori.

Faustin Muhirwa

Pretoria

IBIMENYETSO SIMUSIGA KURI PASCAL KANYANDEKWE

Mu ngoro y' Urukiko. Aho urugomo rwa Kagame ruri gushyirwa ahagaragara.

Kuri uyu wa gatanu taliki ya 23 Werurwe 2012, mu rubanza rwabashatse kwivugana Lt Generali Kayumba Nyamwasa,ubuhamya bwakomeje, bukaba bwatanzwe na Lt Colonel Kwena George Matlane wabwiye urukiko ko amaze imyaka 28 mu kazi kúbupolisi akaba ari nawe ukuriye investigation muri uru rubanza. Yasobanuriye urukiko uburyo abaregwa bafashwe, ibyo bafatanywe, igihe bafatiwe naho bafatiwe.

Yasobanuye cyane cyane ku bashinjwa nomero eshanu (Abedi Sefu Denengo) na nomero esheshatu (Pascal Kanyandekwe). Yavuze uburyo yagiye guhata ibibazo Kanyandekwe aho bafungira abantu bakekwaho ibyaha bikomeye (high risk detention centre).Yemeje ko yabajije Kanyandekwe mu rurimi rwícyongereza Kanyandekwe akamusubiza, kandi kugeza ubu ababuranira Kanyandekwe bemeza ko nta cyongereza azi!

Kanyandekwe akaba yaramubwiye ko ibyo amurega ntacyo abiziho.Yahise asaba umupolisi wari aho ko yasubiza Kanyandekwe mu cyumba cyúmunyururu. Ubwo nibwo Kapiteni Mathebula yazanaga ushinjwa nomero eshanu ni uko uyu nomero eshanu yabona Kanyandekwe wari uherekejwe n’umupolisi kujya gufata ibiryo bya mugitondo agahita amutunga urutoki akamubwira ngo: Nguyu databuja (this is my boss).Ubwo yahise ahamagara Kanyandekwe amubaza niba azi uyu uregwa nomero eshanu maze Kanyandekwe aramwihakana, amubwira ko ushinjwa nomero eshanu amubwiye ko ari boss we, Kanyandekwe yarebye hasi maze yeguye umutwe amubwira ko ntacyo yabivugaho.

Mu bintu Lt Col Matlane yavuze ko byafatanywe Pascal Kanyandekwe byoherejwe

gukorerwa igenzura aho yise mu cyongereza (Provincial Crime Management Centre), hakorerwa ubugenzuzi (forensic) buhanitse ku bimenyetso bifatanywe abaregwa harimo:              -Apple notepad

                                    -I Phone

                                    -3 Sim card (1 ya mtn sa,1 ya Tigo,1 ya Safaricom)

                                    -Nokia 1209

                                    - Amafranga FRW 2700, amarandi 6100 n’amadorari 200.

Ibyo byose byashyikirijwe Ericka Nivenhuys ushinzwe forensic.

Ibi bikaba bisobanura ibya raporo yakoze isobanura uburyo aya matelefone yagiye ahamagarana mu gihe cyo gushaka kwivugana Lt Gen Kayumba,aho abaregwa bari bari, igihe bahamagaraniye núburyo bacuze umugambi wabo mubisha. Ibyo bikaba bizagaragazwa niyi raporo yiswe mu cyongereza (call maping) byatanzwe n’amacompanyi y’itumanaho (Vodacom na MTN). Tubibutseko iyi raporo yarangiye, ikaba yarashyikirijwe ababuranira abaregwa, ikaba izashyikirizwa umucamanza kuwa mbere.

Lt Col Matlane yasobanuye ukuntu rumwe mu rufunguzo rwafatanywe Pascal Kanyandekwe basanze rumeze nk’urwafatanywe ushinjwa nomero ya mbere ariwe Amani Rukara. Izo mfunguzo zombi yasanze zifungura umuryango wímbere ku rupangu rwaho Lt Gen Kayumba yari atuye igihe araswa.

Kubyo bafatanye ushinzwa nimero eshanu, harimo;

-         Telephone ingendanwa na sim card yayo

-         Amafaranga 17 300 y’ amarandi (Ni ukuvuga $2200)

Tubibutse yuko ayamarandi 17 300 yafatanywe, ari avance bahawe rugikubita, ubwo bemeraga kujya guhitana Lt Gen Kayumba Nyamwasa, nkuko byatagajwe númutanga buhamya Kamali, watanze ubuhamya ubushize. Urubanza ruzasubukurwa kuwa mbere taliki 26 Werurwe 2012 saa yine za mu gitondo.

Jean De Dieu Mwiseneza

Jeppe Regional Court

Johannesburg

PASCAL KANYANDEKWE BIKOMEJE KUMUBANA INSOBE.

Uwo uri ibumoso ni Pascal Kanyandekwe avugana n'abamuburanira.

Ku wa 22 Werurwe 2012 mu rubanza rwabashinjwa gushaka kwivugana Lt Gen Kayumba Nyamwasa,Umutangabuhamya w’ubushinjacyaha Bwana Fredirick Herman ufite inzu icumbikira abashyitsi,yasobanuye mu buryo burambuye ukuntu yamenye Pascal Kanyandekwe akaba yarabivuze mu magambo akurikira:

Yagize ati: Ku itariki ya 25 Kamena 2010 ,yabonye telephone ibaza niba hari ibyumba byo gukodesha bitarimo abashyitsi. Agira ati birahari nta kibazo maze azigamira icyumba abo bashyitsi nkuko asanzwe abigenza mu murimo we wo kwakira abagenzi. Abo bashyitsi yabarangiye aho icumbi riherereye(adresse) ni uko baraza arabakira bamubwira ko bari burare ijoro rimwe,baje mu modoka yo mu bwoko bwa Peugot ifite ibara rya zahabu,barimo ari babili.Hanyuma bamubwira abo aribo umwe ati nitwa Pascal nkaba nkora ubucuruzi bw’indege, undi ati nitwa Vincent.Tubibutse ko uwo Vicent yatorotse akaba aba mu Rwanda.Yongeraho ko bamwishyuye icyumba ijoro rimwe kandi bakamuha kashi.

Bwarakeye bamusezeraho ariko Kanyandekwe amubwira ko yahakunze gusa kubera ko hari ahandi yari yazigamishije icyumba aho bita Sandton,ataguma muri iryo cumbi rya Frederick Herman.Ni uko Frederick ati ntacyo ariko kuba ukora ubucuruzi bwíndege,twazakomeza kujya tubonana tukaganira kuri ubwo bucuruzi kuko nanjye nzi abantu benshi bakora ako kazi .Bukeye kuwa 28/06/2010, Pascal Kanyandekwe yaramuhamagaye amubwira ko aho yari yagiye atahakunze ko yamwoherereza umushoferi akagaruka kuba mu icumbi rya Frederick Herman.

Akihagera yarishye icumbi iminsi umunani icyarimwe. Hagati aho Pascal Kanyandekwe yamusabye kumushakira ahantu yakodesha imodoka yo kugendamo ariko ikaba ari Automatic ariko akayishaka ntayibone.Umugore wa Frederick yahise abwira umugabo we ko bamukodesha iye bwite kuko nta kazi kenshi yari afite ni uko barayimuha.

Kanyandekwe yahise afata iyo modoka yo mu bwoko bwa Nissan Almera ifite ibara ryúbururu aragenda.Muri iryo joro Kanyandekwe yahamagaye Frederick amumenyesha ko imodoka yibwe,maze Kanyandekwe agarutse Frederick amusaba copy ya passport núruhushya rwo gutwara imodoka kugirango bajye kubimenyesha polisi.Bukeye bwaho nibwo Kanyandekwe yamubwiraga ko ashaka kujya Cape Town ku bijyanye núbucuruzi bwe bwíndege.Frederick yamuhaye umushoferi wo kumugeza ku kibuga cyíndege,nkuko amakashe abyerekana muri pasiporo ya Kanyandekwe,aho kujya Cape Town nkuko yabibwiye Frederick we yafashe inzira yigira i Kigali.

Frederick agerageza guhamagara Kanyandekwe ngo yumve ko yagezeyo amahoro biranga,yohereza za SMS habura igisubizo. Hashize iminsi mike Kanyandekwe agarutse ahamagara Frederick ngo namwoherereze umushoferi aze kumufata ku kibuga ko Avuye Cape Town ariko mu byukuri yiviriye i Kigali!’Hagati ahoya modoka Kanyandekwe yavuze ko yibwe yarafashwe adahari maze bayisangana uwitwa George Francis uzwi ku izina rya SISCO ari kumwe nabandi banya TANZANIYA batatu.Aha tubibutse ko abo bane bari muri iyo modoka aribo bashinjwaga mu rubanza rwa kabili rwo kujya guhitana Lt Gen Kayumba Nyamwasa mu bitaro.

Ni muri urwo rwego Kanyandekwe akimara guhamagara Frederick amusaba ko yamwoherereza umushoferi wo kumukura ku kibuga akamugeza ku icumbi,yahise abimenyesha Polisi kubera ko abafatanywe ya modoka bavugaga ko batayibye ko ahubwo bayitijwe na Pascal Kanyandekwe.Poilisi rero niyo yahise ijya kumwakira we yibwira ko ari umushoferi Frederick yamwoherereje,umupolisi akimara kumubwira ko afashwe nínzego zúmutekano nibwo yamwizezaga millioni yámadorali kugirango amureke agende,avuge ko batabonanye.Umupolisi akanangira.

Ubuhamya burakomeje,

Jean De Dieux Mwiseneza
Jeppe Regional Court
Johannesburg.

ITANGAZO.

Komite Mpuzabikorwa (comité de coordination) ya FDU INKINGI, ifatanyije n'ubuyobozi bwa Rwanda National Congress (RNC), zibatumiye mu kiganiro mbwirwa ruhame :
Italiki: 31/03/2012
... Isaha: 14h00.
Adresse: rue Washington, n°40, 1050 Ixelles.
Muri icyo kiganiro, intumwa za FDU-Inkingi na RNC zizaba ziyobowe na Nsengimana Nkiko na Theogene Rudasingwa, zizabamara amatsiko ku bibazo binyuranye bivugwa muri iki gihe, harimo n’icy’icyerekeranye na Raporo y’impuguke zashyizweho na Juji Trévidic.
Ibisobanuro birambuye mushobora kubibaza aba bakulikira:

Ku ruhande rwa FDU-Inkingi Ku ruhande rwa RNC

Joseph Bukeye Joseph Ngarambe,
0032 478 973 762 0033671745766

Dr Emmanuel Mwiseneza Jonathan Musonera
0032 486 742 197/ 0033 650 293 997 0044 787 778 64 22

Ntimuzatangwe muri icyo kiganiro.


Bikorewe i Buruseli, tariki ya 22 Werurwe 2012

Dr Nsengimana Nkiko
Umuyobozi wa Komite Mpuzabikorwa ya FDU INKINGI

Dr Theogene Rudasingwa
Umuhuzabikorwa wa Komite y’agateganyo ya Rwanda National Congress (RNC)