choices placed before it. Such an electorate, uninformed as it is, cannot, in turn, properly hold its leaders to account and this is a denigration of the core principles of good governance and democracy. 21. The Applicant has specifically complained about Articles 5-9, 10, 17-19, 20, 26-35, 44-45, 46, 48-54, 56-64 and 66-69 of the Press Law and has averred that all their provisions, cumulatively, violate Burundi’s obligations under the Treaty. Of importance in that regard is the argument that the role and actions of the National Communications Council (set up by Law No.1/03 on 24th January, 2013 revising Law No.1/18 of 29th September, 2007), violate the principles of fairness and justice as it is akin to a prosecutor, judge and enforcer in matters of the press and yet, it is directly appointed and controlled by the President and the Minister for Information. That although it has been granted wide powers, its function as a censorship body are totally at the behest of the State. Further, that because of its lack of independence, it should not be in a position of imposing potentially major fines on the media and individual journalists. 22. Later on in the judgment, we shall delve into submissions on each of the specifically challenged provisions of the Press Law, but for the above reasons, the Applicant seeks the orders and declarations elsewhere set out above. D. THE RESPONDENT’S CASE 23. The Respondent’s case is contained in the Response to the Reference filed on the 20th December, 2013 and the Supplementary Affidavit of Mr. Sylvester Nyandwi, Permanent Secretary in the Ministry of Justice, sworn on 16th October, 2014. Mr. Kayobera also filed written submissions on 4th December, 2014. Reference No. 5 of 2013 Page 7