Administrative Court of Bujumbura, which Court has full
jurisdiction over land disputes involving the Government.
12. Counsel went on to challenge the Motion and relies on
Article 27(1) & (2) of the Treaty in arguing that since Partner
Sates
have
not
up
to
now
concluded
a
protocol
to
operationalise the extended jurisdiction to include land
matters, this Court has no jurisdiction to make an order to
demolish the constructions built on the disputed land or to
stop all activities taking place on that land as requested by the
Applicant. For ease of reference, Article 27 of the Treaty is
reproduced below.
Article 27:
“1. The Court shall initially have jurisdiction over the
interpretation and application of this Treaty:
Provided that the Court’s jurisdiction to interpret under
this paragraph shall not include the application of any
such interpretation to jurisdiction conferred by the
Treaty on organs of Partner States.
2. The Court shall have such other original, appellate,
human
rights
and
other
jurisdiction
as
will
be
determined by the Court at a suitable subsequent date.
To this end, the Partner Sates shall conclude a protocol
to operationalise the extended jurisdiction.”
13. The learned Counsel closed his opposing arguments to the
Motion by contending that the Applicant acquired and
6