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