obligations, now stipulated in among others, Articles 6(d) and 7(2) of
the Treaty, breach of any of which by the Republic of Burundi (1st
Respondent) would give rise to infringement of the Treaty. It is that
alleged infringement which, through interpretation of the Treaty under
Articles Article 27(1) of the Treaty constitutes the cause of action in the
instant Reference. Facts and applicable Burundian laws in support of
the claim have been presented by the Applicant which led him to the
allegation that acts committed by the Respondent infringe Articles 6(d)
and 7(2) of the Treaty.
54. We are of the opinion that for the Applicant, it is enough to clearly
state a complaint against the 1st Respondent that its actions, to wit,
prosecuting Mr. Rufyikiri before the Anti Corruption Court and issuing
a travel ban without due process of law and alleged irregularities in
initiating a case against Mr. Rufyikiri to disbar him from the Bar
Association without awaiting the decision of the Bar Council, all
constitute a cause of action against the 1st Respondent.
55. In support of his submissions that the Reference does disclose a
cause of action against the 1st Respondent, Counsel referred us to
some authorities including The James Katabazi Case (supra) and
The Anyang’ Nyong’o Case (supra).
56. We note that in the Anyang’ Nyong’o Case (supra, p. 18)), this Court
defined a cause of action as “a set of facts or circumstances that in
law gives rise to a right to sue or to take out an action in court
for redress or remedy.” The Court further opined that the Treaty
provides for a number of actions that may be brought to this Court for
adjudication. In this regard, the Court was of the view that Article 30 of
the Treaty, among others, virtually creates a special cause of action,
which different parties may refer to this Court for adjudication.
REFERENCE NO.1 OF 2014
Page 19