bringing of the Reference or the jurisdiction of this Court to interrogate
that Law from a Treaty perspective and to determine whether a Partner
State has breached its obligations under the Treaty.
34. Finally, it was the Applicant’s case that the Reference is not
misconceived and this Court has the jurisdiction to determine the salient
and important issues raised in it.
Respondent’s submissions
35. The Respondent on this issue submitted that on 7th January, 2014, the
Constitutional Court of Burundi declared that the Press Law was
constitutional save for a number of Articles that it struck down.
36. In the event, it was his argument that the said Judgment is final and not
subject to the intervention of any other court ,including the EACJ, and
that a contrary decision to the effect that the Law violates press freedom
and the right to the freedom of expression would mean bringing chaos to
Burundi and would also “mean challenging the decisions of the
Constitutional Court ….and would contravene the powers conferred to
the EACJ by the Treaty.”
37. In addition to the above, it was the Respondent’s submission that
Burundi is preparing itself for General Elections in the first quarter of the
year 2015 and to invalidate its lawfully enacted Press Law would
jeopardize the fragile peace enjoyed by the people of Burundi taking into
accounts its history and future.
Amici curiae’s submissions
38. On this issue, the Amici Curiae preferred not to make any submissions
at all.
Reference No. 5 of 2013
Page 10
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