(cited elsewhere above), consider the purpose thereof and determine
whether the enactment of and content of the said law are a violation of
the Treaty in terms of Articles 6(d) and 7(2).
Submissions by the Applicant
46. The Applicant submitted that this Court has previously held that Articles
6(d) and 7(2) are justiciable and create an obligation on every Partner
State to respect the principle of good governance which includes
accountability, transparency and the promotion and protection of
democracy. By acceding to the Treaty, then under Article 3 thereof, The
Republic of Burundi, like other Partner States, agreed to be bound ,in the
context of this Reference, by the two Articles. Reliance in that regard was
placed on the decision of this Court in Samuel Mukira Mohochi vs. AG
of Uganda, Ref. No.5 of 2011 and Rugumba vs. AG of Rwanda,
[supra] where a Partner State in each of the two cases was found to have
violated the two Articles of the Treaty and in Mohochi, Articles 6(d) and
7(2) were held to be binding and not merely aspirational on their part.
47. On the right to information, a free press and freedom of expression, the
Applicants submitted that various international and regional Courts, as
well as tribunals, have upheld these principles including:i) The African Commission on Human and People’s Rights which in
Scanlan
& Holderness vs Zimbabwe,Comm.297/05 (2005)
stated that, it is the widest possible circulation of news, ideas and
opinions as well as the widest access to information by society as a
whole, that ensures public order.
ii) The Commission in Law offices of Ghazi Suleiman vs. Sudan,
Comm. No.228/099 (2003) also cited the Inter-American Court of
Human Rights’ opinion in Compulsory Membership in an
Association Prescribed by Law for the Practice of Journalism,
Reference No. 5 of 2013
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