Article 71 provides that: The Bar Council must take a decision within sixty (60) days from the day a disciplinary matter was referred to it.” 99. From the chronology of events that led to the case before the Court of Appeal of Bujumbura filed on 17th December 2013 by the Prosecutor General, it is clear that two complaints had been filed to the Bar Council by the same Prosecutor General in accordance with Article 67 of the Advocates Act, 2002. The first complaint was filed on 7th October 2013 requesting the Bar Council to take disciplinary measures against Mr. Rufyikiri for alleged injurious and defamatory declarations contained in his letter of 24th July 2013 to the Governor of the Bubanza Province. The second complaint was filed by the same Prosecutor General on 30th October 2013 requesting the disbarment of Mr. Rufyikiri for making declarations alleged to be against the rules, State security and public peace, during the 29th October 2013 Press Conference held by Mr. Rufyikiri. 100. If we consider the provisions of Article 71 of the Advocates Act 2002, we note that the Bar Council had up to 7th December 2013 to take a decision on the complaint filed on 7th October 2013 and up to 30th December 2013 as regards the complaint for disbarment submitted to it. 101. From this simple computation of time, it is apparent that the filing of the disbarment case against Mr. Rufyikiri before the Court of Appeal of Bujumbura by the Prosecutor General, on 17th December 2013, falls 13 days short of the 60 days allowed to the Bar Council by Article 71 of the Advocates Act for the Council to take a decision on the matter. In doing so, the Bar Council was bypassed and thus, the right of Mr. Rufyikiri to have his case heard by the very professional body in charge of disciplining advocates was violated. REFERENCE NO.1 OF 2014 Page 33

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