81. Given our findings prayers Issue in paragraphs No. 3 above, (a), (d) and we are (e) above unable to grant the are not tenable as the Applicants were only able to establish one (1) aspect of breach of the Treaty in the establish entire breach impugned of the Act. Whereas principle of good the Applicants governance Article 5 of the said Act and thus succeeded did in aspects in paragraph of (b) above, they fell short on proof of the Prayers sought in paragraph (c). 82. With regard to the issue of costs, explicitly provide good reason, Rule 111(1) of the Court’s Rules for costs to follow the event decides otherwise. Reference has succeeded In the unless instant the court, case, for where the in part, we deem it just to order each Party to bear its own costs. 83. In the final result, therefore, we hereby make the following Declarations and Orders: a. The Declarations and Orders sought in Prayers (a), (c), (d) and (e) of the Reference are not tenable and are hereby disallowed. b. A Declaration is issued that Act No. 1/26 does infringe Articles 6(d) and 7(2) of the Treaty in so far as aspects thereof offend the principle of separation the principle of good governance of Article of powers enshrined 5 inherent in in the said provisions of the Treaty. c. The Republic of Burundi shall, in accordance with Article 38(3) of the Treaty, cause the amendment of Article 5 of Act No. 1/26 within its internal legal mechanisms. Reference No.1 5 of 2014 Page 37