the proper inference from that allegation was that no evidence of
mismanagement existed. To buttress this contention, Counsel stated
that an official audit conducted on the account of CEBAC did not raise
any irregularities.
67. Furthermore, it is his stance that there was no nexus between Mr.
Rufyikiri as President of CEBAC duly elected by the General Assembly
of CEBAC and the Government of Burundi. That therefore, there was
no reason for the Government’s action when Mr. Rufyikiri was properly
accounting to the Assembly of CEBAC, an independent body, which
never complained over his alleged misconduct.
68. Counsel also contended that the 1st Respondent had alleged, but had
not presented any evidence in proof, that Mr. Rufyikiri was about to
flee Burundi so as to defeat justice. On that, he maintained that the
prohibition to go out of Burundi was a penalty under Burundian law
meted out by a Court and not the Prosecutor General who did it in
utter disregard of the rule of law.
69. On this matter, he concluded by submitting that since the contents of
the Applicant’s Reply had not been contradicted in any way, they
represented the correct version of the events and were in proof of “the
scheme against good governance, particularly, the rule of law.”
74. Regarding the disbarment of Mr. Rufyikiri from the Roll of Advocates,
the Applicant’s Counsel submitted that it was because of a press
conference held by Mr. Rufyikiri, on 29th October 2013, in his capacity
as the President of the Burundi Bar Association and in which he raised
issues of lack of good governance, democracy and abuse of human
rights, that the Government reacted the following day of 30th October
2013 by commencing the disbarring process against Mr. Rufyikiri.
REFERENCE NO.1 OF 2014
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