Burundi : Rwasa challenges the Supreme Court ruling and reignites battle for control of the CNL

SOS Médias Burundi

Bujumbura, September 25, 2026— Former Hutu rebel leader Agathon Rwasa and three other members of the National Congress for Freedom (CNL)’s former 2019 political bureau are challenging the ruling handed down on August 7 by the Administrative Chamber of the Supreme Court in case RAP 68. In a statement signed in Bujumbura—Burundi’s commercial capital and the location of the CNL’s national headquarters—they argue that the court failed to rule on their petition as originally formulated and announce that they have lodged an appeal against the decision.

The dispute pits members of the CNL’s former political bureau, notably represented by Agathon Rwasa, against the party’s current leadership led by Nestor Girukwishaka. It centers on the outcomes of the extraordinary CNL congress held on March 10, 2024, in Ngozi (Butanyerera province, northern Burundi), which resulted in the installation of a new party leadership.

Since then, Rwasa’s camp has contested the legality of this process. They state that they petitioned the Supreme Court to have the congress’s resolutions annulled.

The ministerial letter at the heart of the dispute

In their statement, the petitioners criticize the Administrative Chamber for declaring their petition inadmissible—specifically on the grounds that they had not separately challenged a letter dated March 18, 2024, in which the minister responsible for political parties acknowledged the congress’s resolutions.

Rwasa’s camp disputes this interpretation. According to the signatories, this letter did not constitute an administrative decision subject to separate legal challenge, but was merely a letter acknowledging receipt of the minutes and resolutions of the congress—resolutions they themselves were seeking to have annulled.

The ministerial letter dated March 18, 2024, had notably acknowledged the election of Nestor Girukwishaka as president and legal representative of the CNL, as well as the establishment of a new political bureau.

However, the petitioners argue that this “acknowledgment” should not be viewed as an individual administrative act validating the party’s new leadership.

In their view, the minister should have confined himself to receiving the information transmitted to him, without interfering in the CNL’s internal affairs.

Article 80 of the Constitution invoked

The four signatories notably invoke Article 80 of the Burundian Constitution. As written, this provision guarantees non-interference by public authorities in the internal functioning of political parties. However, it allows for restrictions necessary to prevent ethnic, political, regional, religious, or gender-based hatred, and to maintain public order.

Relying on this provision, the Rwasa faction maintains that the authorities’ intervention in the process leading to the change in CNL leadership raises questions regarding constitutional compliance.

Furthermore, the petitioners criticize the court for basing its ruling on the “acknowledgment,” arguing that the letter itself was not the subject of their petition. They contend that the Court should have ruled only on the specific matters submitted to it.

A contested decision

The Supreme Court handed down its ruling on August 7, following several hearings dedicated to the dispute over the CNL’s leadership. Following a public hearing on July 16, the case was reserved for judgment after the parties’ arguments had been heard. The current CNL leadership was represented by counsel, while Agathon Rwasa and members of the former political bureau were present.

The Administrative Chamber subsequently declared the petition inadmissible. The Rwasa camp disputes this conclusion, stating that the Court ruled, among other things, that the petition had been improperly filed and did not correspond to the subject matter of the dispute.

The petitioners believe the ruling harms their interests and contest the manner in which the decision was communicated to them.

In particular, they denounce what they describe as a delayed notification. On August 21, representatives of the Rwasa camp went to the Supreme Court to consult a copy of the ruling at the registry.

Agathon Rwasa states that, on that occasion, he observed that the decision had not been posted publicly beforehand. He thus criticizes a decision that was allegedly kept “top secret” until it was brought to their attention.

Rwasa announces a new appeal

Agathon Rwasa, Simon Bizimungu, Pamphile Malayika, and Bède Nyandwi, signatories of the declaration and presented as representatives of the plaintiffs in the RAP 68 case, announce their intention to pursue the proceedings before the competent judicial authorities.

They state that they have initiated “the appropriate appeal” against the August 7th ruling and say they intend to bring their challenge before the national and international public opinion.

The Rwasa camp is thus maintaining its opposition to the current leadership of the CNL, even though Nestor Girukwishaka has been recognized by the Burundian authorities as president and legal representative of the party since the change in leadership in 2024.

The conflict surrounding the CNL leadership dates back to the extraordinary congress of March 10, 2024, in Ngozi. Following this meeting, a new leadership was established with Nestor Girukwishaka at its head.

Rwasa’s camp has since contested the legality of this reorganization and continues to assert the legitimacy of the party’s former political bureau.

An ongoing dispute

This legal battle comes after Agathon Rwasa’s exclusion from the June 2025 legislative and district elections. His candidacy under the banner of the Burundi Bwa Bose coalition was rejected by the Independent National Electoral Commission (CENI), which criticized him, among other things, for still being a member of the CNL while running under another political banner.

Agathon Rwasa continues to claim his status as a historical leader of the CNL. He maintains that he does not intend to create a new party and argues that only free and transparent elections can bring about genuine change in Burundi.

With the announced appeal in the RAP 68 case, the legal dispute surrounding the leadership of the National Congress for Freedom (CNL) continues, as Burundi prepares for the next presidential election scheduled for 2027.

The current CNL leadership remains recognized by the Burundian authorities, while the Rwasa camp intends to pursue legal action to challenge this configuration.