Richard Mugisha, current President of the East African Law Society, was represented in court by lawyers, Moïse Nkundabarashi and Florida Kabasinga. The bench was led by the President of Supreme Court, Prof. Sam Rugege with former Chief Justice Aloysia Cyanzayire also on the five-people bench.
Mugisha’s lawyers told the court that article 136 of the new penal code criminalizing adultery, article 138 criminalizing concubinage and article 139 criminalizing dissertation of a marital home, threaten the reunion and harmony among spouses.
They said article 233 criminalizing the humiliation of public officials through writings and cartoons is a threat to press freedom.
The Principal State Attorney, Speciose Kabibi who appeared in court on behalf of Rwandan Government, said Mugisha had no legitimacy to challenge the penal code asking him to show if he represents any group of people, of journalists or lawyers.
“Different from that,” Kabibi said, “Mugisha would have done as an ordinary citizen; hence he should reveal interests he has in the case and how it directly affects him personally.”
Mugisha reacted saying that as a Rwandan citizen and a professional lawyer, he cannot keep quiet on articles that do not comply with the constitution. He said he has a duty to contribute to the making of laws that serve interests of all Rwandans.
“I hence feel it is baseless to say I was not directly affected by the provisions,” Mugisha said.
Kabibi replied that Mugisha is not a journalist and as a lawyer, he should have petitioned through the Bar Association. She said that Muguisha petitioned as an ordinary citizen but he has failed to prove how his petition is of interests to the general public.
The President of the Supreme Court, Prof. Sam Rugege said due to the seriousness of the petition, a decision cannot be directly taken as deliberations on this case may affect other decisions to be taken in future.
Rugege said they have therefore decided to deliberate on Mugisha’s legitimacy to petition and rule on it on January 11, 2019, at 9:00 am.
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