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