regard to Article 6 of the Treaty and informed the 1st Respondent of an upcoming mission in the Republic of Burundi to interact with the Ministry of Justice and other relevant Government Departments on these issues. 108. Also on record is the Secretary General’s Internal Memo Ref.: RG/2/1 of 15th January 2013 entitled: Situation on the Administration of Law and Justice in the Republic of Burundi. In the said Memo, the Secretary General stated that pursuant to the powers entrusted to the Secretariat under Article 71(1)(d) of the Treaty, he was appointing some staff members into a Task Force to investigate: “a) alleged breaches of the Treaty by the Republic of Burundi; b) the cause of growing litigation on alleged breaches of the Treaty emanating from the Republic of Burundi; and c) the effect, if any, of this development on the Community.” 109. The Task Force was required to undertake a Mission in the Republic of Burundi and prepare a report by 1st March 2014. We note, however, that it was on the same date that the appointment of the said Task Force was communicated to the 1st Respondent, through the Secretary General’s letter to the Permanent Secretary of the Ministry to the President Responsible for EAC Affairs. In the said letter, it was indicated that the Task Force had planned to visit the Republic of Burundi on 19th23rd March 2014. 110. We further note that, on 11th March 2014, the 1st Respondent, through the Minister to the Office of the President Responsible of EAC Affairs, informed the Secretary General that the proposed dates for the visit were not convenient for the Republic of Burundi and that the Republic of Burundi would communicate new dates after further internal consultations. REFERENCE NO.1 OF 2014 Page 36

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