68. In the instant case, Burundi a special under a legal regime court was set up by the Republic of that is significantly different from that which governs general-jurisdiction courts in the country, and operates under specially Whereas designated powers as enshrined in Act No. 1/26. the general-jurisdiction courts subscribe to a legal regime that duly makes appointment provision for all the branches of judges, the regime of government governing the in the Special Court designates the appointment and remuneration of the said judges as a preserve of the Executive. 69. We are mindful of the fact that, by their very nature and purpose, the dictates of a special court would vary considerably from the intricacies of general-jurisdiction courts. Special courts are created specific issues that are of special concern to a country. case, as quite Respondent, elaborately the Special explained Court was by learned created to to address In the instant Counsel address for the a grave, historical problem that was intertwined with the Republic of Burundi's socio-political history. that judges to participation fallacy of the Given that background, Special of all the a branches complete is the constitute an sole be appointed of with Therein powers or the the lies the absolute An eventuality where the appointment responsibility unwarranted would of government. separation independence of the judiciary. of judges Court it would be reasonable of the judiciary concentration of power would, in itself, in that branch of government. 70. Similarly inappropriate, nonetheless, is the present scenario where the judges of a special court in Burundi are exclusively appointed by the Executive without any branches of government. Reference No.1 5 of 2014 input from the judicial and/ or legislative It was argued at length for the Respondent Page 31