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

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