18. The Respondent contended that he filed an appeal to the Supreme Court of Burundi, Reference RAA 669 against the judgment of the Administrative Court of Bujumbura and that the Supreme Court overturned the said decision on 28th March 2012. 19. The Respondent further contended that the Applicant herein applied for review of the Supreme Court judgment under Reference RCC 21625 and that the case was still pending before that Court. 20. The Respondent also contended that, in accordance with Articles 27(2) and 30(3) of the Treaty, this Court does not have jurisdiction to entertain matters that are before national courts of a Partner State – in this case, the Supreme Court of Burundi - and that this Court does not have jurisdiction to order payment of damages for a case pending before the Highest Court of a Partner State. 21. The Respondent therefore prayed this Court to declare that it cannot grant the orders and reliefs sought by the Applicant and consequently, to dismiss the Reference with costs. SCHEDULING CONFERENCE 22. Pursuant to Rule 53 of the Rules of this Court, a Scheduling Conference was held on 13th February 2014 at which the following were framed as issues for determination: a) Whether the Court has jurisdiction to entertain the Reference; b) Whether the Reference is time-barred; c) Whether the Applicant is entitled to the orders sought. REFERENCE No. 2 OF 2013 Page 6