Analysis of the issue
31. We have carefully considered the opposing arguments in respect
of the instant issue. We first of all note that under Article 27(1) of
the Treaty, this Court has jurisdiction over the interpretation and
application of the Treaty, where such jurisdiction is not conferred
by the Treaty on organs of Partner States. As persistently stated
by the Applicant, his Reference seeks, among other orders, that
this Court determine whether the refusal by the Government of
Burundi to abide by the Laws of Burundi in paying the amount
awarded to him by the Administrative Court of Bujumbura is an
infringement of Articles 6(d) and 7(2) of the Treaty.
32. In his written submissions and during the hearing held on 19 th
September 2014, Counsel for the Respondent conceded that this
Court has jurisdiction to entertain some prayers of the Reference,
namely, a prayer seeking a declaration that the refusal by the
Government of the Republic of Burundi to pay damages as per the
decision of the Administrative Court of Bujumbura is an
infringement of Articles 6 (d) and 7(2) of the Treaty [prayer (a)]
and another one regarding costs of this Reference [prayer (d)].
Learned Counsel, however, maintained that the Court lacks
jurisdiction to determine other prayers [i.e. prayers (b) and (c)]
sought by the Applicant.
33. Guided by the Court’s previous decisions on similar matters [see
Plaxeda Rugumba case (supra), Peter Anyang Nyong’o case
(supra), James Katabazi case (supra) and EACJ REF. No.9 of
2012, Venant Masenge Vs The Attorney General of the
Republic of Burundi], we are of the decided opinion that the
REFERENCE No. 2 OF 2013
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