prayer vii above, every three months or such other lesser
period as the Court shall deem expedient;
i) An order that the costs of and incidental of this Reference
be met by the Respondents;
j) That this Honorable Court be pleased to make such further
or other orders as may be necessary in the circumstances.”
V. FIRST RESPONDENT’S CASE
24. The 1st Respondent’s case is set out in his response to the Reference
filed on 08th April 2014, an affidavit sworn on 04th April 2014 by Mr.
Sylvestre Nyandwi, Permanent Secretary in the Ministry of Justice of
the Republic of Burundi, a supplementary affidavit sworn on 10th
October 2014 by the same Mr. Nyandwi and the 1st Respondent’s
written submissions filed on 16th December 2014.
25. In a nutshell, he denied the Applicant’s allegations and counteralleged:a) That Mr. Rufyikiri as President of the Centre for Arbitration and
Conciliation (CEBAC) mismanaged or caused mismanagement of
funds belonging to the organization;
b) As a result, the Prosecutor General of the Anti-Corruption Court
decided to prosecute the said Mr. Rufyikiri for corruption and the
case was still pending before the said Court;
c) That because the said Mr. Rufyikiri wanted to flee the country,
the
Prosecutor
General
moved
the
Director
General
of
Immigration to bar him from moving outside of Burundi;
d) That the said Mr. Rufyikiri breached his oath as an advocate
when he addressed a letter to the Governor of Bubanza Province,
copied to high ranking officials of the East African Region and the
International Community and organized a press conference and
REFERENCE NO.1 OF 2014
Page 8