24. It was his case that the Press Law is in uniformity with the Treaty and
specifically Articles 6(d) and 7(2). Further, the acknowledged fact that it
has been criticised by some organisations and individuals does not imply
that the said Law violates the Treaty. In addition, that the Parliament of
Burundi passed the Press Law as the representative of the people and its
decisions cannot be replaced by the wishes of any other organization or
person.
25. In any event, that the Press Law has been challenged in the
Constitutional Court of Burundi and since its decision is yet to be
delivered, the Reference is premature and misconceived as the latter
Court is the only one with jurisdiction to interpret the legality of the Press
Law.
26. For the above reasons, the Respondent prays that the Reference be
dismissed with costs.
E. SCHEDULING CONFERENCE
27. At the Scheduling Conference held on 18th September, 2014 pursuant to
Rule 53 of the Rules, it was agreed that the Press Law came into effect
on 4th June 2012 but that the Constitutional Court of Burundi, after the
Reference and a response to it had both been filed, had declared parts of
it to be unconstitutional.
28. The issues that
were therefore, drawn for determination were the
following:a) Whether the Reference is properly before this Court;
b) Whether the provisions of the Burundi Press Law are
inconsistent with and in violation of Articles 6(d) and 7(2) of
the Treaty for the Establishment of the East African
Community; and
c) Whether the Applicant is entitled to the Reliefs sought.
Reference No. 5 of 2013
Page 8
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