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President Kagame: ‘Defamation should be a civil, not a criminal matter’

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President Paul Kagame [Reuters Images]
Rwandan President Paul Kagame has differed with a Supreme Court judgment that grants the Head of State special legal protection from public insult and defamation.

The court agreed with a group of petitioners in striking down a set of articles within Rwanda’s penal code which made it a crime to defame or insult national leaders or people in charge of public service.  However, Supreme Court judges left in place a section which kept it a crime to defame or insult the Head of State.

In a statement released on Friday, the presidency said defamation should be considered a civil matter rather than a criminal offence.

“The President of the Republic respects the independence of the judiciary and the recent Supreme Court decision to decriminalise the offences related to humiliation of public officials,” Friday’s statement reads.

“The President, however, takes issue with the decision to retain as criminal offences, insults or defamation against the Head of State, who is also a public official. His position has always been that this should be a civil, not a criminal matter.”

The Supreme Court decision upheld the law, which was introduced last year, outlining that anyone found guilty of insulting the presidency faces between five and seven years in prison.

The law had been challenged by a Kigali-based lawyer, Richard Mugisha, who argued that it was a hindrance to freedom of expression.

The statement by the presidency expressed hope that more debate would be conducted in line with the matter.

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