Burundi Sued at EACJ

{{A Burundi national has sued his government before the East African Court of Justice (EACJ) over land infringement.}}

Mr Masenge Venant is seeking declarations from the court that the acquiring and using of land property in Kizina by the Burundi government was an infringement of Article 6 (d) and 7 (2) of the Treaty for the Establishment of the East African Community.

The applicant also wants the court to declare that failure by Burundi’s ministry of Foreign Affairs to demolish the buildings and stop construction on the land was unlawful and a violation of the EAC Treaty.

Mr Ncutiyu Muheto, a lawyer for the applicant submitted that the court has jurisdiction to entertain the matter under Article 27 of the Treaty.

He also said the applicant has the full right to enjoy his property that has been acquired by the State and, therefore, asked the court to order the government to demolish the buildings on his property.

He further submitted that although there was a similar case still pending in the National Court in Burundi (Administrative Court), to bring the matter to EACJ did not require exhausting of local remedies according to Article 30 of the Treaty as a natural person. He, therefore, asked the court to grant the declarations sought.

Mr Elisha Mwansasu, the senior state attorney representing Burundi submitted to court that the declarations being sought by the applicant were not true because the land property belongs to the government and it is using it to construct schools as well as a national centre for agriculture research.

He also argued that Mr. Masenge alleged land ownership is illegal.

The Court will deliver its judgment on notice .Earlier the Court heard an application by the Applicant seeking an injunction to restrain the Government of Burundi from constructing on the land pending the final judgment and the ruling will be delivered on June 19, 2014.