Cape Town - Alleged Rwandan genocide fugitive Fulgence Kayishema appeared briefly in the Cape Town Magistrate’s Court on Friday, only to be told by the State that the investigation into the Refugee Act, immigration and fraud charges he faces had not been finalised.
Kayishema, accused of ordering the brutal deaths of 2000 people during the 1994 Genocide in Rwanda, previously abandoned his bail application and instead applied for political asylum in South Africa.
On Friday, magistrate Reaz Khan agreed to State advocate Nathan Adriaanse’s request that the case be postponed to October 27, when the investigation would be finalised.
Adriaanse said the investigation was still outstanding on 19 of the 54 charges against Kayishema. He said he had briefed Kayishema’s advocate, Juan Smuts, on the situation..
Speaking after the hearing, Smuts said they would not object to the postponement, but he had filed an asylum application on behalf of Kayishema, and the application was pending.
Last Tuesday, Kayishema appeared in the Western Cape High Court in an NPA application for his surrender to the UN International Residual
Mechanism for Criminal Tribunals in Arusha, Tanzania.
Kayishema appeared before Judge Robert Henney.
Deputy Director of Public Prosecution in the Western Cape Tommy Bunguzana argued against the application with regard to the NPA’s application to have Kayishema extradited to the International Residual Mechanism for Criminal Tribunals. Smuts said he was analysing and dissecting the court papers.
He said the high court application was launched in the interest of an interested outside party, not in terms of the Extradition Act.
“That matter has been postponed until September 30, in order to enable me to consult with my client to procure proper instructions and to take that matter to the next level.
“For me, the procedure that the State has followed in that matter is absolutely a novelty.”