10 . Lastly, in his Affidavit, Mr. Kabayabaya deponed that Prof. Nditije was entitled to
swear the Affidavit in support of the Notice of Motion as he had been legally
appointed by the Central Committee of UPRONA Party as the President and
legal representative of the Party after the amendment of its Constitution on 8 th
August 2009.
Further, that Mr. Nshimirimana had also been lawfully appointed
to act for the Applicants in this Court.
Case and Submissions for the 1st Respondent
11 . The 1st Respondent, the Attorney-General of Burundi opposes the Application
and filed a Replying Affidavit sworn on 1st April 2014 by Sylvestre Nyanddwi,
Permanent Secretary in the Ministry of Justice of the Republic of Burundi in that
regard. Mr. Nestor Kayobera, Director, Judicial Organisation of the Office of
Attorney-General of Burundi ,argued its case which in a nutshell is that the
Application is speculative and without merit because there are no facts upon
which it is founded.
12. Regarding the specific claim that there is no mechanism for appeals from the
decisions of the Commission, the 1st Respondent’s answer is that whereas it is true that
the Special Court to handle such appeals has not been created, all such appeals are
presently being handled by competent courts and tribunals in Burundi and therefore
there is no lacunae in the legal process at all.
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