102. In light of the foregoing findings, we hold that not following the letter
of law (i.e. exhausting the period of time allowed to the Bar Council to
take a decision on the disciplinary matter) in instituting the
disbarment case against Mr. Rufyikiri before the Court of Appeal of
Bujumbura, constituted a violation of due process and this contradicts
the
Respondent’s
Counsel’s
contention
that
Mr.
Rufyikiri
was
disbarred in accordance with the law. Having so found, we see no
reason to scrutinize the Court of Appeal process. On the disbarment
issue therefore, we hold that the violation of due process by the 1st
Respondent offends the rule of law principles enshrined in Articles 6(d)
and 7(2) of the Treaty.
Issue No. 3: Whether the 2nd Respondent failed/neglected his
responsibilities under the provisions of Articles 29(1) and 71(1)(d) of
the Treaty
Submissions
103. Counsel for the Applicant submitted that the gist of the Applicant’s
case against the 2nd Respondent was that, having got prior knowledge
of the alleged violations of the 1st Respondent’s Treaty obligations
triggered by the unprocedural way in which Mr. Rufyikiri’s case was
handled, the 2nd Respondent did not take any action that would have
compelled the 1st Respondent to comply with its Treaty’s commitments.
104. In order to prove that the 2nd Respondent had prior knowledge about
allegations of lack of good governance in Burundi, learned Counsel
referred to letter Ref.: CAMRI/0484/2013 of 27th December 2013
written by Mr. Rufyikiri to the Public Prosecutor of Burundi and copied
to the EAC Secretary General, among others. In addition, he pointed
out the contents of letter Ref. ORG/2/1 of 11th November 2013 written
by the EAC Secretary General to the Minister to the Office of the
President Responsible for EAC Affairs in Burundi, in which the
REFERENCE NO.1 OF 2014
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