The East African Court of Justice 19th September 2014: The First Instance Division heard a case by a Burundi citizen Mr. Ndorimana Benoit, seeking the Court order that the refusal of the government of Burundi to pay a decretal amount of 1,000,300,000 BIF that has accumulated to BIF 1,660,498,000 to the Applicant is an infringement of Article 6(d) and 7 (2) of the Treaty for Establishment of the East African Community.
The Applicant’s Lawyer, Mr. Horace Ncutiyumuheto, submitted that the Applicant who was imprisoned in 1999 and released in 2002 and went to Court (Administrative Court of Bujumbura) asking Court to order the government to pay for the damages mentioned above for the loss incurred in his business investments when he was in prison. He added that in 2004, the Administrative Court of Bujumbura delivered a judgement in favour of the Applicant condemning the government of Burundi to pay the damages.
The applicant therefore came to EACJ asking Court for interpretation on the refusal of the government of Burundi is an infringement of the Treaty for EAC.
The Mr. Nestor Kayobera, Senior State Attorney representing the Attorney General of the Republic of Burundi (Respondent), told Court that this matter is time bad because the decision of the decretal was delivered in 2004 which is in contravention of Article 30 (2) of the Treaty for EAC which provides 60 days time limit a litigant to file a matter from the time which it came to his knowledge of the act being complained of.
The Respondent also urged that the government of Burundi appealed against the decision to the Administrative Chamber of the Supreme Court and the earlier judgement of the Administrative Court was over ruled. The Applicant being dissatisfied he applied for review of the decision in the Review Chamber of the same Court (Supreme Court) a matter that is pending for the final decision.
Mr. Kayobera also said that the EACJ only has jurisdiction to interpret and apply the Treaty and therefore does not have mandate to order the government of Burundi to pay the decretal sum especially when the matter is still pending in Court (Review Chamber of the Supreme Court) for determination and he asked Court to dismiss the case with costs.
The court will deliver the judgement on notice.
For Editors:
Article 6 (d) of the Treaty provides that, good governance including adherence to the principles of democracy, the rule of law, account ability, transparency, social justice, equal opportunities, gender equality, a s well a s the recognition, promotion and protect ion of human and peoples right s in accordance with the provisions of the African Charter on Human and Peoples’ Rights;
Article 7 (2) provides that; The Partner States under take to abide by the principles of good governance, including adherence to the principles of democracy, the rule of law, social justice and the maintenance of universally accepted standards of human rights.
Article 30 (2) provides that: The proceedings provided for in this Article shall be instituted within two months of the enactment, publication, directive, decision or action complained of, or in the absence thereof, of the day in which it came to the knowledge of the complainant, as the case may be;
About the EACJ:
The East African Court of Justice (EACJ or ‘the Court’), is one of the organs of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community. Established in November 2001, the Court’s major responsibility is to ensure the adherence to law in the interpretation and application of and compliance with the EAC Treaty.
Arusha is the temporary seat of the Court until the Summit determines its permanent seat. The Court has its Sub-registries in the National Courts in the Partner States.
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