57. It was also the Court’s opinion that in Article 30 as reproduced
elsewhere above, “the Treaty confers on any person resident in a
Partner State the right to refer the specified matter to this Court
for adjudication and as we have just said, by the same provision
it creates a cause of action.”
58. Regarding the claim in this Reference, we note that the Applicant is a
legal person and as “the umbrella regional organization of the
national bar associations within East Africa”, it was prompted to
bring this Reference following what it considered as the unprocedural
manner in which Mr. Rufyikiri, then President of the Burundi Bar
Association, was prosecuted before the Anti-Corruption Court, banned
from leaving the country and disbarred from the Roll of Advocates of
the Burundi Bar Association.
59. Given the foregoing, we hold that the Applicant has a cause of action
against the 1st Respondent under Article 30 of the Treaty.
60. As for the 2nd Respondent, who is the Secretary General of the
Community, the cause of action arises from the fact that the Applicant
is faulting him for having allegedly sat idly by, omitting or neglecting to
act on violations of the Treaty by a Partner State through the alleged
illegal treatment of Mr. Rufyikiri by agents/servants/officials of the
Republic of Burundi.
61. On his part, Counsel for the 2nd Respondent categorically refuted the
Applicant’s argument contending that the 2nd Respondent had
discharged his obligation as prescribed in the Treaty, and therefore,
there is no cause of action against him.
62. Using the same reasoning as above, we are of the view that a cause of
action against the 2nd Respondent has arisen by the fact that the
Applicant, a legal person resident of a Partner State, is moving the
REFERENCE NO.1 OF 2014
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