BBC’S SHUT DOWN WAS ILLEGAL, PROBE COMMISSION After only Five days in office, the Rwanda commission that was established to probe on the BBC Documentary in which the Rwandan President Paul Kagame is accused of crimes against humanity has concluded that RURA acted illegally to close the BBC because it did not have powers to do so. Besides, the contract between the BBC and the Rwandan government stipulates that in case there is a dispute, the Rwandan government would information the BBC and any action would be taken after 3 months from date the dispute arises. Why RURA closed the BBC? The lawyer for RURA Mr. Kabiru Jacques and the Rwandan Attorney General should resign because they have incompletely and incompetently failed to advise RURA and the Rwandan government on the legal consequences of shutting down BBC. “RURA yirengagije amasezerano amwe yihutira gufunga BBC” Said Kabiru Jacques. Mr. Kabiru Jaqcques argued that RURA acted on the pressure of the people who were protesting, in other words he admits that he did not advise the RURA on illegal and possible consequences of illegal termination of the contract of BBC. Did RURA have powers in the First place to close the BBC? The answer is simple, no, the law governing the media (Media Law of 2013) gave the powers of self regulating to the Rwanda Media Commission, in other words the statutory interpretation is that the Rwanda Media Commission will regulate the media house and if it finds the media house in breach of the laws, it will pass the information to the RURA. Therefore, RURA has no powers to act unilaterally to close any media without consultation to the Rwanda Media Commission. This is what Mr. Evode Uwiziyimana asked the RURA officials, “do you just pick one sentence in the whole contract and you go and close the BBC?” Article 4 (2) of the Rwanda Media Law 2013 states that, “The national utilities and statutory regulator shall also carry out the regulation of audio, audio-visual media and Internet.” .However, Article 5, subsection 1 of the MoU states, “RURA shall jointly work with RMC to handle audio, audio-visual and Internet media matters related to content.” Moreover, MR. Kabiru Jacques the RURA lawyer admits that the law was to be implemented by an order which has never been produced; therefore its implementation is still questionable. Even if the order was produced, still the RURA would have no unilateral powers to close any a media institution without consulting the Rwanda Media Commission. Where and what is the Role of the Attorney General in all this BBC Scandal? Normally the office of the Attorney General will advise the government or governent institution on the legal consequences and the legality of an action they intend to take, but the Rwandan Attorneys General Mr. Businge Johnston was asked by the Voice of America on the BBC Clouse whether it was legal and said that RURA acted legally. Was he acting under duress? Was he confused? Or incompetent and should therefore resign as RURA is now found to have acted illegally and disproportionately? Mr. Businge Johnston said recently that any government organization that indifferently or recklessly brings government in disrepute, the leaders of that organization will be responsible. Who was then responsible? According to the lawyer of RURA, they acted on the outcry of the people, but we know that some people who were protesting did not even know what they were protesting for, some were saying the protesting the government my of Germany, confusing it with similar demonstrations of Germany when they arrested Col. Rose Kabuye who has been now disposed like her former colleagues. The BBC can now sue the Rwandan government of compensation, for the breach of contract, since the contract says 3 months, the argument that they acted on the outcry of the people is illegal and unjustified. The traditional gushishishoza of RPF once criticized by one of the officials of the probe commission Mr. Evoe Uwizeyimana is paradoxically one of the members of the probe commission. Such actions of RURA and Rwanda government on BBC have been happening to other media institutions, but it seems the closure of the BBC has become a thorn in the throat of Kagame, whose biggest budget is funded by the British Taxpayers. They cannot continue to fund a dictator, whose actions have crossed the Mediterranean Sea. It’s like allowing the Mob justice to a suspect, after he/she has been lynched you find out that he /she has been innocent, a country that does not respect its own rules does not live longer, BBC should be compensated for all the losses and damages. Joseph Ruhumuriza.
Posted on: Mon, 24 Nov 2014 07:37:42 +0000
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