27. When, therefore, the Applicants pray that an “interim ex-parte order that the
National Commission for Lands and other assets is no longer competent to
entertain and determine the matters related to lands and other assets”,should be
granted at the interlocutory stage of the proceedings, even with the misplaced words,
“interim ex-parte order” in that prayer, the final effect of any issuance of the order
would be a final declaration on the issue which would not be proper in the circumstance
of this case. We say so because we are yet to hear the merits of the case as set out in
Reference No. 2 of 2014 and to issue prayer (b) at this stage, would be equal to prejudging it without hearing the other Parties to the said Reference.
28. Turning back to prayer (a) of the Application, it is not in doubt that Act No. 1/31 of
31st December 2013 has already come into operation and the Commission has been set
up and is functional. The 1st Respondent by the Affidavit of Mr. Nyanddwi has stated
that Act No. 1/31 is actually an amendment of Act No. 1/01 enacted on 4th January
2011 and which itself had amended Act No. 1/17 enacted on 4th December 2009 which
provides for the mandate, composition, organization and functions of the Commission.
The latter averment has not been denied, neither has the submission by Dr. Kafumbe
that the process of the Commission should not be interrupted so as to avert chaos,
been contested. In other words, the Commission seems to have been in place from
2009 or thereabouts and certainly it is in place and working.
29. On our part and in the totality of things, at this stage, we cannot delve into the
propriety or legality of Act No 1/31, but suffice it to say that the Commission now in
question is a creature of the Legislature of Burundi within its constitutional mandate.
We do not at all have such persuasive material placed before us to warrant the drastic
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