b) That as soon as he learnt of the matters complained of, and in
accordance with the dictates of his office, he interceded with the
Government of Burundi and established a Task Force to collect
information on:i) Alleged breaches of the Treaty by the Republic of Burundi;
and
ii) The cause of growing litigation on alleged breaches of the
Treaty by the Republic of Burundi; and the effect, if any, of
this development on the East African Community.
c) The 2nd Respondent pleads that the granting of the Declaratory
Order and other Reliefs sought by the Applicant against him does
not arise and that the Reference should be dismissed with costs.
VII. SCHEDULING CONFERENCE
27. Pursuant to Rule 53 of the Rules of this Court, a Scheduling
Conference was held on 18th September 2014, at which the following
were framed as issues for determination by the Court:1) Whether the Reference discloses a cause of action taking into
account the provisions of Article 30(1) of the Treaty;
2) Whether the acts of the servants/agents/institutions of the 1st
Respondent
in
prosecuting
Mr.
Rufyikiri
before
an
Anti-
corruption Court, disbarring him from the Roll of Advocates and
prohibiting him from travelling outside of Burundi constituted
breach of the provisions of Articles 6(d) and 7(2) of the Treaty;
3) Whether the 2nd Respondent failed/neglected his responsibilities
under the provisions of Articles 29(1) and 71(1)(d) of the Treaty;
4) Whether or not the Applicant is entitled to the remedies sought.
REFERENCE NO.1 OF 2014
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