Agathon Rwasa and three other members of the former 2019 Congrès national pour la liberté (CNL) political bureau are challenging a Supreme Court ruling concerning the party's leadership. The group, including Simon Bizimungu, Pamphile Malayika, and Bède Nyandwi, is contesting the decision made by the Administrative Chamber of the Supreme Court in case RAP 68. These individuals, Agathon Rwasa, Simon Bizimungu, Pamphile Malayika, and Bède Nyandwi, are the signatories of the declaration and representatives of the requesters in case RAP 68, showing their direct involvement in the legal action. This legal challenge follows the establishment of a new party leadership after a congress held on March 10, 2024, which introduced a significant shift in the party's internal structure. A new party leadership was put in place following this March 10, 2024 congress, leading directly to the current legal dispute.
The Supreme Court ruling, rendered on August 7, confirmed the legitimacy of the new leadership, which was elected at the March 10 congress. Agathon Rwasa described the Supreme Court's decision as "top secret," indicating a lack of transparency in the judicial process from his perspective. The legal dispute centers on the recognized leadership of the CNL party, a significant political entity in Burundi, and has drawn considerable attention due to its implications for democratic processes within political organizations. The core issue at the heart of this ongoing legal battle is the conclusions of the CNL's extraordinary congress, which took place on March 10, 2024, in Ngozi, a city located in northern Burundi.
Court's Inadmissibility Reasoning
The dispute over the Congrès national pour la liberté (CNL) leadership pits members of the former political bureau, represented by Agathon Rwasa, against the current party leadership led by Nestor Girukwishaka. Rwasa's camp has challenged the legality of the 2024 congress process, seeking the annulment of its conclusions from the Supreme Court. The former CNL political bureau members argue that the procedures followed during the congress were flawed, rendering its outcomes invalid. The court, however, cited the failure to separately contest a ministerial letter dated March 18, 2024, as its reason for deeming the request inadmissible. This ministerial letter formally acknowledged the resolutions of the congress, which included the election of Nestor Girukwishaka as the new CNL president, thereby solidifying his position in the eyes of the state. The Administrative Chamber ultimately declared their request inadmissible on this procedural ground.
Rwasa's camp asserts that the ministerial letter was not an administrative decision subject to challenge but merely an acknowledgment of receipt. They argue that the nature of the letter did not warrant a separate legal challenge, as it was simply a recognition of an event, not a decision itself. The requesters contend that the court based its decision on a "prise d’acte" (acknowledgment of receipt) that was not the subject of their original request for annulment, thereby misinterpreting the scope of their legal challenge. They maintain that their primary aim was the annulment of the congress's conclusions, not the ministerial letter itself. The Supreme Court's Administrative Chamber conducted a public hearing on July 16 to consider the challenge, providing a forum for both sides to present their arguments before the court reached its final decision.
Procedural Grievances and Appeals
The Supreme Court ruling on the Congrès national pour la liberté (CNL) leadership dispute was rendered on August 7, with the Administrative Chamber declaring the request inadmissible. Agathon Rwasa stated the decision had not been previously posted and was kept "top secret," indicating a lack of public accessibility. This lack of public posting raised concerns among the requesters regarding the transparency of the judicial process. The requesters allege a late notification of the court's decision, which they contend complicated their ability to respond promptly and effectively to the ruling. Representatives of the Rwasa camp, including Agathon Rwasa himself, visited the Supreme Court on August 21 to consult a copy of the ruling, showing their efforts to obtain official documentation of the decision. Rwasa, alongside Simon Bizimungu, Pamphile Malayika, and Bède Nyandwi, are the signatories of the declaration and representatives of the requesters in case RAP 68. These individuals announced they have undertaken "le recours approprié," translated as "the appropriate appeal," against the August 7 ruling, signaling their intent to pursue further legal avenues to challenge the court's decision. The requesters maintain that the court's decision relied on a "prise d’acte," or acknowledgment of receipt, which they argue was not the direct subject of their initial request for annulment, thereby questioning the fundamental basis of the court's inadmissibility ruling. This procedural grievance forms a central part of their ongoing appeal.
Political Context and Future Implications
The core issue revolves around the conclusions of the Congrès national pour la liberté's (CNL) extraordinary congress, which took place on March 10, 2024, in Ngozi, northern Burundi. This congress was a key event that led to the leadership change now being contested. Since the change in 2024, Burundian authorities recognize Nestor Girukwishaka as the president and legal representative of the CNL, a recognition that has significant implications for the party's official standing and operations. The requesters, including Agathon Rwasa, invoke Article 80 of the Burundian Constitution, asserting that it guarantees non-interference of public powers in the internal functioning of political parties. They argue that the court's decision, by upholding the outcome of a contested congress and referencing a ministerial letter, constitutes an undue interference in the party's autonomy. They contend that the Supreme Court based its decision on a "prise d’acte," or acknowledgment of receipt, which they argue was not the direct subject of their initial request for annulment, further reinforcing their claim of judicial overreach.
Agathon Rwasa was excluded from the June 2025 legislative and municipal elections, a decision that sparked considerable controversy. The Commission électorale nationale indépendante (CENI) rejected the candidacy of Rwasa, who was the Burundi Bwa Bose coalition's candidate, on the grounds that he was allegedly still a CNL member. This rejection notes the practical consequences of the unresolved leadership dispute, as it directly impacted Rwasa's political participation. Rwasa described the Supreme Court's decision as "top secret," indicating a lack of transparency in the judicial process from his perspective, a sentiment that has been echoed by his supporters. The legal dispute over the CNL's leadership unfolds as Burundi prepares for the next presidential election, which is scheduled for 2027. The outcome of this legal challenge could have broad implications for the political landscape in Burundi, potentially influencing party dynamics and the credibility of electoral processes in the lead-up to the key 2027 polls. The ongoing legal battle shows the complexities of political transitions and party governance within the Burundian context.