37. In the result, we find that the Reference was filed within time and do
answer Issue No. 2 in the negative.
Issue No. 3:
Whether Act No.
1/26 is inconsistent with the right to
an independent and impartial judicial system
right
to
a
fair trial,
and
therefore
and the
inconsistent
with
international instruments and/ or Articles 6(d) and 7(2)
of the Treaty
Applicants’Submissions:
38.
In a nutshell, we understood it to be the argument for the Applicants
that Articles 2, 5, 7, 40, 44, 50, 52, 73, 87 and 89 of Act No.1/26
contravene the principles of constitutionalism, human
governance
contention
as stipulated
in the Treaty.
that the Respondent's
Article 23(1) of the Treaty,
adherence
to law
in the
with the Treaty.’
case
which
Mr.
hinges
on
Ncutiyumuheto’s
the
provisions
interpretation,
application
and
compliance
He cited the cases of Independent Medico
Plaxeda Rugumba
of
enjoins the Court to ‘ensure the
Unit (supra) and Attorney General
role in ensuring
It was
rights and good
Legal
of the Republic of Rwanda
vs.
(supra) to augment his submission on the court’s
Partner
States’
adherence
to law and
compliance
with the Treaty.
39. It was also argued
for the Applicants that Act No.1/26 contravened
Article 209 of the Constitution of the Republic of Burundi,
Article 10 of the Universal Declaration of Human
and
26 of the African
Article
14(1)
of the
Charter
on
International
Human
and
Covenant
Rights, Articles 7(1)
People’s
on
Civil
Rights, all of which international instruments had been
Reference No.1 5 of 2014
as well as
Rights
and
and
Political
ratified by the
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