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Promoting Free, Responsible and Accountable Media
DECISION BY THE RWANDA MEDIA COMMISSION (RMC) ON THE CASE
FILED BY ADEPR AGAINST INGENZI NEWSPAPER
APPELLANT: PENTECOSTAL CHURCH OF RWANDA (ADEPR)
DEFENDANT: INGENZI NEWSPAPER
CASE: DEFAMATION, LIBEL, PROPAGATING HATE, SLANDER AND
FALSE ALLEGATIONS
DECISION DATE: APRIL 20, 2015
I. BRIEF BACKGROUND OF THE CASE
On March 16, 2015, Rwanda Media Commission (RMC) received a complaint
filed by the Pentecostal Church of Rwanda (ADEPR) against Ingenzi Newspaper
and a journalist named Claude KIMENYI.
The complaint by ADEPR was filed by Pastor SIBOMANA Jean, the
Spokesperson of ADEPR.
ADEPR indicated in its complaint that on many occasions, INGENZI newspaper
published slanderous articles against the church, tarnishing the religious
group and some of its leaders. The articles contained insults, incitement to
hate, falsehoods and incitement of Christians against their leaders.
ADEPR highlighted five articles (5) which contained the above actions:
1. “Tom RWAGASANA” mu mahurizo ane y’ibihe bye bya nyuma muri
ADEPR.” (Translated: Four signs to show embattled Tom Rwagasana’s
last days in ADEPR) which was published in issue no. 59 of September
04-22, 2014.
2. “Abafundi bayitanzeho ingwate bashaka impamba”. (Translated:
Construction workers stake it (ADEPR Church) as security for their
own benefit) which was published in issue 60 of Ingenzi Newspaper of
October 07-23, 2014.
3. “ADEPR: Ikizira cyinjiye ahera”. (Translated: ADEPR: Abominations
in the holy house) which was published in issue 61 of November 13-28,
2014.
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4. “ADEPR guhirima nka MDR”. (Translated: ADEPR to collapse like
MDR) which was published is issue 62 of December 5, 2014 to January
05, 2015.
5. “ADEPR: Abafundi na MUTUYEMARIYA barayigurishije peeee!!!
Ubutegetsi burebera. (Translated: ADEPR: Construction workers and
MUTUYEMARIYA have finally sold it off, as the government watches.
ADEPR to be auctioned soon in the interests of Tom and
MUTUYEMARIYA. Tom and MUTUYEMARIYA in their last days in
ADEPR” which was published in issue 65 of March 12 to April 5, 2015.
Rwanda Media Commission (RMC) set April 2, 2015, 10Am, as the date to hear
the case, but the hearing was postponed because some of the Commissioners
could not be available due to urgent calls of duty that came up at the time. The
complaint was heard on April 20, 2015, at 4pm.
II. SUBMISSIONS BY BOTH SIDES
On April 20, 2015 at 4pm, the Ethics Committee established by Rwanda Media
Commission made of three commissioners namely: Commissioner Emma
Claudine NTIRENGANYA who was chairing it, Commissioner BAHATI Prince
and Commissioner Dr NKAKA Raphaël convened to hear submissions by both
sides before it could come up with a decision on the complaint.
As the procedure states, the committee began its work by verifying if all parties
were represented in the hearing and it found that on the side of ADEPR, Pastor
SIBOMANA Jean, the Spokesperson of ADEPR and Pastor Tom RWAGASANA,
the Deputy Spokesperson of ADEPR, MUTUYEMARIYA Christine, SEBAGABO
Leonard, Pastor RUZIBIZA Viateur, UWASE Clarisse and KWIZERA Emmanuel
who are all employees of ADEPR were all present.
On the side of the defendant, the proprietor of INGENZI newspaper,
NSENGUMUREMYI Ephrem was present by the journalist known as KIMENYI
Claude was not present. The Ethics committee agreed that the absence of the
abovementioned journalist could not affect the hearing since the owner of the
newspaper
where
the
allegations
were
published
was
present.
NSENGUMUREMYI also agreed that he was well versed with whatever was
published in the stories which were complained about and was ready to give
explanations.
The committee explained to both sides the mandate of Rwanda Media
Commission and how it carries out its duties, reminding them that RMC is not
a court of law but rather an institution charged with finding amicable solutions
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to the problems that arise in the journalism profession. The committee
explained that it hears submissions from all sides with an intention of bringing
the disagreeing parties to an amicable understanding and agreement.
The panel gave the platform the side which filed the case and Pastor
SIBOMANA started by explaining that Ingenzi Newspaper, in five of its issues
mentioned above and the sixth issue which came out after the complaint had
been filed, published articles with serious flaws and requested to break them
down issue-by-issue.
Pastor SIBOMANA said that INGENZI Newspaper in its issue 59, the journalist
likened ADEPR to MDR PARIMEHUTU, something the church found
defamatory. He said that it is unacceptable for the journalist to compare the
church with an outlawed political party which has a terrible history in Rwanda.
He further said that the same issue contained false stories aimed at tarnishing
the image of the church and its leaders and also propagated ethnic divisionism.
The journalist also alleged that in ADEPR, positions were on sale, Pastors were
not being paid and were enduring bad leadership but he did not provide
evidence to back up these allegations.
Pastor SIBOMANA further said that on the side of the church, they believe that
the newspaper undermined the integrity of the leaders of ADEPR by claiming
that the leadership of ADEPR had hijacked the church, which in essence is an
attempt to incite Christians to stand up against the church leaders.
SIBOMANA further added the journalist overstepped his boundaries as set by
the laws that govern the profession by entering into the private affairs of Pastor
Tom RWAGASANA by publishing articles on his properties and his alleged
troubles with SORAS Insurance Company emanating from a bounced cheque.
SIBOMANA continued to say that Ingenzi newspaper went on to tarnish the
image of the church leaders where it compared Pastor Tom RWAGASANA to
Juvenal HABYARIMANA, while it compared Christine MUTUYEMARIYA to
AYINKAMIYE.
He pointed out that the journalist and the newspaper have particularly singled
out Pastors Tom RWAGASANA and Christine MUTUYEMARIYA and subjected
them to relentless attacks by alleging that the duo conspired to embezzle
ADEPR funds but when you read the articles there is no evidence to back up
these claims.
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In issue 60 of the newspaper, SIBOMANA said that the newspaper alleged that
ADEPR had been staked as collateral by construction works for their own
interests but observed that it is impossible to stake ADEPR because it is a
religious institution.
SIBOMANA also said that the newspaper alleged that ADEPR operates like a
political party, where it has been taken over by the Social Democratic Party
(PSD) and on this particular point, SIBOMANA asked the panel to ask the
owner of the newspaper what they meant because ADEPR as a religious
institution does not belong to any political party.
SIBOMANA continued to say that the journalist of Ingenzi Newspaper tarnished
the image of the leaders of the church by alleging that the heads of ADEPR put
the Bible down and resorted to witchcraft, an allegation which he said strongly
tarnished the image of the church leaders. In the same story it was alleged that
ADEPR is riddled with sectarianism, nepotism, embezzlement and cronyism
among other allegations.
In issue 61, SIBOMANA said that on their part as ADEPR, they found that the
journalist alleged that abominations have entered a holy place which is not
true. On this particular issue, SIBOMANA asked the committee to ask the
representative of Ingenzi newspaper what abominations or taboos they were
talking about otherwise it can be seen as another attempt to tarnish the name
of the church and its leaders.
The newspaper also referred to church leaders as ‘Construction workers’ who
have sowed instability among over one million Christians, something the
church views as yet another attempt incite believers against their leaders.
In the same issue, SIBOMANA said that church leaders were described as
‘traitors’ and ‘thieves’, particularly targeting Pastor Tom RWAGASANA, who the
journalist alleged that he is wearing robes of a traitor, covered with a coat of
divisionism.
In issue 62, Pastor SIBOMANA said that once again Ingenzi newspaper went on
to compare ADEPR to a political party which was characterised by ethnic
divisionism and has a bad record in Rwanda, in a story titled ‘ADEPR to
collapse as MRD’. It further alleged that ADEPR still takes orders from its
former leader before the 1994 Genocide against the Tutsi who is currently
wanted for genocide-related crimes.
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SIBOMANA further indicated that the newspaper alleged that ADEPR has
become a haven of terror, corruption, betrayal, sabotage and impunity but the
church organisation finds no evidence to back up these allegations but rather
sees it as an effort to tarnish the name of the church and its leaders.
He pointed out a paragraph in the article where the journalist alleges that
Pastors Tom RWAGASANA and Christine MUTUYEMARIYA are not interested in
leadership but their goal is to embezzle resources of the church and flee.
In paragraph 65, Pastor SIBOMANA said that the newspaper went out of its
way by alleging that ADEPR was auctioned off as the leadership watched, an
allegation he said was aimed at inciting Christians to get up in arms against
their leaders.
SIBOMANA further indicated that the newspaper alleged that ADEPR had
auctioned DOVE hotel, but these claims were not backed up by evidence. It
further alleged that the auction of ADEPR itself was nearing, something which
again they see as an attempt to incite followers of the church and an attempt
mislead Christians and Rwandans in general who read the newspaper.
Pastor SIBOMANA said that they believe the newspaper defamed the persons of
the church leaders by claiming that they are embezzling church funds because
they are in their last days and one wonders what he means by ‘last days’.
ADEPR further contends that the newspaper alleged Pastor SIBOMANA is
wearing a robe of lies which he was given by Pastor Tom RWAGASANA, who is
also wearing a robe of betrayal and that the duo have vowed ‘consume
everything’
Pastor SIBOMANA requested the ethics committee to assess what was reported
by Ingenzi newspaper to ascertain if what was published did not contravene the
Rwanda Journalists and Media Practitioners Code of Ethics especially in its
articles 1, 2, 3, 4, 6, 7, 11 and 14.
The Ethics Committee gave NSENGUMUREMYI Ephrem an opportunity to
respond to the accusations that had been made against him and his
newspaper.
NSENGUMUREMYI Ephrem started by requesting the panel to ask Pastor
SIBOMANA why he compared Ingenzi Newspaper to Kangura and the
committee reminded him that the content in Ingenzi Newspaper issue no. 66
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cannot be assessed because the issue was not among the issues raised in the
case.
NSENGUMUREMYI Ephrem, the Managing Editor of INGENZI was asked to
respond to the accusations made by ADEPR in its complaint and he said that
while some of the accusations are true, others are false.
The panel asked NSENGUMUREMYI Ephrem to explain himself further
regarding the accusations, one by one, and he said that they have proof to back
up whatever was reported. He said that in circumstances they allege the
newspaper hounded Pastor Tom RWAGASANA, they have evidence in form of
cheques and the names of the people he signed them for, to prove his
misdeeds.
NSENGUMUREMYI Ephrem further explained that they deliberately reported
using the words “Construction workers” in the story which state that
construction workers have staked ADEPR as collateral because they have
evidence for that.
He said they referred to Tom RWAGASANA as a construction worker because
when he is tendering for bids, he does so as a Constructor, not as a pastor.
He said they used the derogatory word ‘Umufundi’ which in Kinyarwanda refers
to a construction worker, mason or porter because constructors in
Kinyarwanda can be referred to as “abafundi”.
He said that the word is a general one used to refer to anyone engaged in
construction work, even though they might not be site labourers, and this
includes entrepreneurs or engineers.
NSENGUMUREMYI further contends that they reported that ADEPR was
staked as collateral because they have evidence that Pastor Tom RWAGASANA
and others staked ADEPR properties at GISOZI to get loans from BRD and BK.
On the issue of inciting believers, NSENGUMUREMYI Ephrem said that the
issue arose when 10 Pastors wrote to President Paul KAGAME appealing to him
to intervene in resolving the injustice they were facing.
On the issue of injustice, he said there are some people who have been booted
out of ADEPR in an unjust manner.
Among those thrown out of ADEPR is BIRAHAGWA Janvier who had written
requesting that Christine MUTUYEMARIYA returns the containers she had
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stolen while a one RUTAGANZWA was fired for stating that stolen church
resources should be recovered.
The Ethics Committee took a moment to ask NSENGUMUREMYI Ephrem on
each of the points raised by ADEPR.
The panel asked NSENGUMUREMYI Ephrem why he compared ADEPR to
PARIMEHUTU and he said that the PARIMEHUTU he was referring to was not
MDR by the one of TWAGIRAMUNGU and MAKUZA.
He observed that cases of embezzlement and sectarianism in ADEPR are
similar to what was happening in MDR where some people entrenched
themselves in positions of power and pushed out others which is a signal of
serious problems. He said that when some people start eliminating others, it is
a sign of difficulties within.
The Committee asked him what he thinks was the reason of side-lining some
people and he said that the question should be put to ADEPR leaders.
The committee asked him what he based on to claim in issue no. 60 that
church leaders visited witchdoctors. He was asked if he was there when they
did or whether he saw them with his own eyes.
NSENGUMUREMYI said that he does not know what transpired when the
journalist followed them but they have evidence even though he is not ready to
provide proof at the moment. On that point, the panel concluded that this
evidence should have been provided in the report.
The committee also asked NSENGUMUREMYI what the journalist based on to
accuse ADEPR leaders of corruption, embezzlement, sectarianism, nepotism
and cronyism and he said that they based on a letter written by a one
MUTAGANZWA on September 10, 2014, calling for an audit into the account
books of ADEPR but it was not done.
The panel then asked NSENGUMUREMYI if throughout all the published
articles they considered giving ADEPR the right to respond to the allegations
made against them before publishing the stories and he said that at one time
he went there and that he also has text messages they sent him when he tried
to make inquiries on the allegations. The ethics committee asked
NSENGUMUREMYI to show the panel the said text messages or at least read
them aloud and he refused to do so, stating that the text messages are his
personal secrets which he cannot share.
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The committee then asked the journalist if there is nothing hidden behind
publishing articles about the same topic in six consecutive issues and he said
that there is no ulterior motive because there is no law that prohibits a
journalists from writing about a particular subject or person, even if it is 100
times.
The Ethics Committee asked the Journalist to give the basis upon which they
based to say that someone is wearing the robes of a traitor, strapped around
with divisions, thievery and other evils and he explained that they referred to
Pastor Tom RWAGASANA as a ‘fraudster’ because he defaulted on a bank loan
and the bank hanged his name on notices. He wondered what that is if it is not
being traitor.
The panel further asked the journalist if he is aware that a person is innocent
until proven guilty by a competent court and he said that they have evidence to
that end to prove their findings.
He provided a document to the panel which he said had evidence of what they
reported but the committee found that it was only a summon paper which
indicated that Pastor Tom RWAGASANA would be informed the reason he was
summoned when he comes.
The committee again asked NSENGUMUREMYI if he asked the journalist if he
has proof to back allegations that NSANZURWIMO was still giving directives in
ADEPR and he said that it is the information they have on the matter is
confidential and cannot be divulged.
He was once again asked what he based on to claim that ADEPR is haven of
terror or threats and he said that they made that conclusion based on the
number of people who have been thrown out of the church, adding that the
manner in which they were booted out was characterised by threats.
The committee probed further if sacking someone amounts to terror and he
said that threats come in different forms, which were explained in the articles
which were published. The panel sifted through the articles to find evidence to
back the claims in vain.
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The Ethics Committee asked NSENGUMUREMYI what he based on to conclude
that Pastors Tom RWAGASANA and MUTUYEMARIYA embezzle the resources
of ADEPR with intentions of fleeing the country and he provided a document
which he claimed contained proof to the allegations, which is contained in the
story.
The panel found that the document was a letter which contained a list of things
which can be done in the process to assess the problems in the church but
there was no evidence to back the allegations that the duo wanted to flee the
country after stealing resources. The only thing to show was the assertion
made by the journalist as a personal opinion.
The Ethics Committee asked NSENGUMUREMYI what they based on to say
that ADEPR was on the auction market and he said that they made the
conclusion based on the remarks made by Members of Parliament and that he
could not add more on that.
On that, he said Pastor SIBOMANA had given a lot of explanations and gave
evidence to back up what he was saying.
The ethics committee told Ephrem NSENGUMUREMYI that he was requested to
submit proof to support what was reported but he decided to keep most of the
evidence to himself.
He was reminded that professionally journalists are supposed to publish
reports with evidence and sources to support whatever is being said, and in the
event it is not done, whatever was reported is considered ‘rumours’ or
‘opinions’.
The journalist was once again asked what they based on to say that ADEPR as
a church has been besieged by abominations and he said that they said that
based on the fact that it held a meeting in a place where alcohol is sold, which
is unheard of.
Asked if holding a meeting in a place where they sell alcohol is a taboo,
NSENGUMUREMYI said that instead the question should be put to ADEPR if
there is alcohol in the church.
NSENGUMUREMYI Ephrem was also questioned about the reports about
political parties in church and he said that what was reported was based on
the fact that a certain Pastor from PSD, a political party, had been appointed.
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The committee asked him if it is not allowed for a member of a political party to
become a pastor and after assessment, it was found that it is not prohibited in
any way.
The panel asked the appellants their wish and Pastor SIBOMANA said that
what they want is to see Rwanda Media Commission instil some penalties
against Ingenzi newspaper.
Pastor Tom RWAGASANA complemented Pastor SIBOMANA, adding that
considering that the newspaper continued to publish slanderous articles even
after a case had been filed against it, it is only appropriate that Ingenzi
newspaper is temporarily suspended because it continues to engage in
unacceptable practices which are against the ethics of the profession and
contravene the laws.
The Ethics Committee went into a retreat to assess submissions made by both
sides and deliver a verdict on April 23, 2015 at 3:30Pm at the head offices of
Rwanda Media Commission.
III.
DECISSION BY THE RWANDA MEDIA COMMISSION (RMC) ETHICS
COMMITTEE
After assessing the complaint filed by ADEPR against INGENZI newspaper and
after hearing submissions from all side;
The Ethics Committee based on Law No 02/2013 of 08/02/2013 regulating the
media in Rwanda in its Articles 2 (20), 4 and 21;
Based on the Rwanda Journalists and Media Practitioners Code of Ethics in its
articles1, 2, 3, 4, 6, 7, 11, 14 and 29;
After assessing concerns in the following stories which were contained in the
complaint:
1. “Tom RWAGASANA” mu mahurizo ane y’ibihe bye bya nyuma muri
ADEPR.” (Translated: Four signs to show embattled Tom Rwagasana’s
last days in ADEPR) which was published in issue no. 59 of September
04-22, 2014.
2. “Abafundi bayitanzeho ingwate bashaka impamba”. (Translated:
Construction workers stake it (ADEPR Church) as security for their
own benefit) which was published in issue 60 of Ingenzi Newspaper of
October 07-23, 2014.
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3. “ADEPR: Ikizira cyinjiye ahera”. (Translated: ADEPR: Abominations
in the holy house) which was published in issue 61 of November 13-28,
2014.
4. “ADEPR guhirima nka MDR”. (Translated: ADEPR to collapse like
MDR) which was published is issue 62 of December 5, 2014 to January
05, 2015.
5. “ADEPR: Abafundi na MUTUYEMARIYA barayigurishije peeee!!!
Ubutegetsi burebera. (Translated: ADEPR: Construction workers and
MUTUYEMARIYA have finally sold it off, as the government watches.
ADEPR to be auctioned soon in the interests of Tom and
MUTUYEMARIYA. Tom and MUTUYEMARIYA in their last days in
ADEPR” which was published in issue 65 of March 12 to April 5, 2015.
Resolved that the stories published about ADEPR INGENZI newspaper
contained serious ethic errors which included lies, making false allegations,
defamation, libel, slander and propagating or inciting hate, among other things,
and above all, the newspaper did not provide ADEPR the right to respond. The
journalists failed to honour minimal professional ethics such as giving both
sides a chance to speak about allegations made against their name. The
journalists also failed to separate his own opinions from facts.
Based on the fact that Rwanda Media Commission has on several occasions
handled cases involving Ingenzi newspaper in which the publication was found
to have committed professional mistakes and asked to apologize and retract the
said stories as shown in the cases below;
-
On July 22, 2013, a complaint against Ingenzi Newspaper was filed by
RUTAYISIRE Ephrem and BIZIMENYERA Emmanuel over a story published
in issue number 44 which had allegations in the story titled “Umwimukira
w’umucikacumu abatwarira umutungo batazi aho awujyana” (Translated: A
stranger and genocide survivor defrauds them of their valuables without
knowing where he takes them”). The Ethics Committee asked Ingenzi
newspaper to rectify that story.
-
In September 2013, a one KWIZERA Sandra filed a case against INGENZI
newspaper, accusing it of defamation and publishing falsehoods and the
RMC Ethics Committee ordered the newspaper and the journalist to
make corrections and apologise.
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-
On March 24, 2014, Rwanda Media Commission (RMC) received Mr
NDEREYEMUNGU Augustin appeal accusing Ingenzi newspaper of
refusing to publish a story correcting, rectifying and clarifying the first
story which a complaint had been filed, as directed by the Ethics
Committee. The committee had ordered INGENZI to publish the
correction on January 09, 2014 but it did not do so.
Based on the provisions of the Rwanda
Code of Ethics especially in its Article
appellants, Rwanda Media Commission
Ingenzi Newspaper to issue an apology
temporary suspension penalty.
Journalists and Media Practitioners
29, as well as the request of the
(RMC) Ethics Committee has order
to ADEPR as well as a two-month
This decision can be appealed before Rwanda Media Commission (RMC) within
Fourteen (14) days.
As agreed, April 20, 2015.
ETHICS COMMITTEE MEMBERS:
-
Commissioner Emma-Claudine NTIRENGANYA (President)
Commissioner Dr Raphael NKAKA
Commissioner Prince BAHATI
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