Counsel submitted that Mr. Sylvestre Nyandwi’s supplementary
affidavit dated 9th October 2013, in which he indicated that the travel
ban against Mr. Rufyikiri had been lifted and that the disbarment of
the latter had been approved by the court of last resort in Bujumbura,
had no consequence to the Applicant’s pleadings and remedies sought.
80. He maintained that the Applicant had stated as a fact also confirmed
by Mr. Sylvestre Nyandwi’s affidavit dated 4th April 2013, that the
Prosecutor General, on 17th December 2013, in total disregard of
proper procedures, had made a complaint to the Court of Appeal of
Bujumbura to disbar Mr. Rufyikiri. In addition, Counsel averred that
before the Prosecutor General made the said complaint to the Court,
he had made a complaint against Mr. Rufyikiri to the Burundi Bar
Association dated 30th October 2013.
81. Learned Counsel stated that, by law, the Burundi Bar Council had 60
days from the date of the complaint within which to take action. He
then submitted that the 60 days began to run from 30th October 2013,
the date of the complaint as indicated above. He further contended
that there was no nexus between the complaint of 30th October 2013 to
the Burundi Bar Council and that made on 7th October 2013. In this
regard, he argued that the two complaints were referring to different
alleged violations by Mr. Rufyikiri. For him, the complaint of 7th
October 2013 was based on the alleged injurious contents of the letter
to the Governor of Bubanza Province, while the complaint of 30th
October 2013 was driven by the alleged offensive statements at the
press conference. Moreover, he pointed out that the demand for
disbarment was made in the letter of 30th October 2013 and not the
letter of 7th October 2013.
82. It is therefore Counsel’s submission that by approaching the Court on
17th December 2013 with a request to disbar Mr. Rufyikiri, the
REFERENCE NO.1 OF 2014
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