JUDGMENT OF THE COURT
A. INTRODUCTION
1. On
31* December
2013,
the Republic
1/31
of the 31°' December
No.
1/01
of
composition,
4"
January
organization
Land_and
Other
Article
of which
23
2013
Concerning
2011
and
-
work
for
enacted Act_No.
the amendment
Determining
of the
Propertyhereinafter
provides
of Burundi
National
referred
‘appeals’
the
mandate
Commission
to as
from
to Act
‘Act No.
the
of
1/31’),
Commission’s
decision to a Special Court of Land and Other Property.
2. Following a decision by the Constitutional Court of Burundi endorsing
the
constitutionality
of
a
Bill
in
respect
thereof,
the
Republic
of
Burundi did enact Act No. 1/26 of the 15"" September 2014 — Dealing
with the creation,
Special
organization,
Court on
Land
and
structure,
functioning and power of the
Other Assets
as well as its proceeding
(hereinafter referred to as ‘Act No. 1/26’).
3. The Applicants challenge the legality of Act No.
that it impedes
independence
the effective administration
1/26 on the premise
of justice; obliterates the
of the Judiciary from the Executive,
and
negates
the
right to a fair trial contrary to Articles 6(d) and 7(2) of the Treaty for
the Establishment of the East African Community (hereinafter referred
to as ‘the Treaty’).
4. The
Applicants
are
natural
persons,
resident
in
the
Republic
of
Burundi, and closely interested in the issues of good governance and
rule of law in Burundi;
while the
Advisor to the Government
Respondent
is the
Principal
of the Republic of Burundi,
and
Legal
is being
sued on behalf of the said Government.
Reference No.1 5 of 2014
Page 2