paragraphs 11, 20 and 21 of the Affidavit in Reply of Nestor Kayobera dated 16th July 2015, as well as paragraphs 12, 13 and 28 of Mr. Kayobera’s submissions before this Court. 24.We have already found above that the Applicant has not established the injury it stood to suffer or whether such alleged injury could be adequately compensated by damages. We do not find any demonstration in this Application, either, that the postponement of the Presidential Election would stem the civic disorder and unrest presently being experienced in Burundi. We are alive to the very real possibility that a postponement of the said Elections could occasion similar or worse civic disorder and unrest. We were not satisfactorily addressed on that issue. In fact, a direct question from the Bench that was put to learned Counsel for the Applicant on this issue remained largely unanswered. We are of the considered view that this question is extremely critical to a determination of the balance of convenience in this matter; a postponement of the First and Second Respondents’ constitutional mandate and duty to organize an Election within the time frame stipulated would only be fettered upon sufficient demonstration by the Applicant that it, or indeed the people of Burundi, stood to suffer greater injury should the Election be so held. This was not established before us. 25.Furthermore, in response to questions from the Bench, learned Counsel for the First Respondent did clarify that the Constitution of Burundi prescribed the holding of the Presidential Election not later than 1 month before the expiration of the term of the incumbent President. He clarified that Mr. Nkurunziza’s term of office was due Reference No. 5 of 2015 Page 14

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