First Instance Division hears a matter challenging the Gov’t of Burundi on alleged failure to recogonise a citizen’s legal and property rights dispute

Posted in Press Release

The First Instance Division heard a matter filed on 20th November 2015 by Mr. Manariyo Desire (Burundi citizen) versus the Attorney General of the Republic of Burundi. The Applicant’s complaint is that the Government of Burundi has failed to abide by its commitment to the fundamental operational principles it has committed to under the Treaty, specifically the principles of the rule of law, good governance and the recognition and protection of the human rights of the Applicant, especially his right to property and to peaceful enjoyment of property that he lawfully owns.

The Applicant alleges that sometime back in 1977, he had bought three pieces of land from Mr. Nzopfabarushe Simon, Mr. Habinimana Andre and Ms. Nizonzima Scholastique. In 1999 the Applicant and the above-mentioned three sellers, had their sale transactions authenticated before the Tribunal of Residence of Musaga, in Bujumbura and they procured from that Tribunal an authenticated contract, through an attested Affidavit. In 2010, Mr. Nzopfabarushe filed a suit in the Tribunal of High Instance of Bujumbura, against the Applicant, laying claim on the land that he had sold to the Applicant, and which was subject to the authenticated affidavit at the time of sale of the piece of land.

In 2012 the Tribunal delivered its judgment of the matter in favor of Mr. Nzopfabarushe and the Applicant was not satisfied with the decision and thus appealed to the Court of Appeal of Bujumbura, praying that it reverses the judgment of the Tribunal of High Instance and to recognize his legitimate property rights on the said land, based on the evidence he had produced, especially the authenticates Bill of Sale, that is the attested Affidavit. In October 2013, the Court of Appeal delivered its judgment and upheld the judgment of the Tribunal of High Instance.

The applicant went further and filed a petition before the Cessation Chamber of the Supreme Court, invoking many grounds for violations of Burundian Law, in particular the refusal by the Court of Appeal to recognize the legal and probative value of the attested affidavit. However, the Cessation Chamber of the Supreme Court dismissed the Applicant’s petition.

Mr. Donald Deya, representing the Applicant in Court, submitted that the failure or refusal by the Respondent through the judgement of the Supreme Court of Burundi on 24th June 2015 to recognize the legal and property value of the attested affidavit No 356/99 of 27th July 1999 was in violation of the commitment of the Respondent among others Articles 6 (d), 7 (2) of the Treaty and 15 (1) of the Common Market Protocol as well as Article 14 of the African Charter on Human and Peoples’ Rights.

He further added that the case was filed on time, so it is not time barred and that the Court has jurisdiction to determine the matter because it has authoritatively established such jurisdiction in superior jurisprudence both the First Instance and Appellate Divisions. That the failure to recogonise the legal and property value of the attested affidavit is unlawful and violated the Applicant’s rights under National law, EAC Law and African Union Law.

Mr. Deya also stated that the trial in the Tribunal of High Instance of Bujumbura was not fair and that it had several irregularities. That the Applicant was never called for the hearing and only received the judgement and learnt that witnesses gave evidence while he never got the chance to cross examine them. He said that the High Instance could not have pronounced itself to the attested affidavit. The Applicant’s advocate finally asked the Court to declare that the Respondents actions and omissions are unlawful and they are an infringement of the Treaty provisions mentioned above. Also the Court to declare that the Applicant’s property rights have been violated by the Government of Burundi and as well as the order for reinstitution, an order directing the Respondent to restore the property rights of the Applicants and allow the Applicant to take his three sell agreements to consolidate them and get one title. Also the Court to order the Respondent to issue a report within 60 days on the residue mechanism it will have provided. The court also asked for costs to be met by the Respondents of this Reference and other orders as it may deem to be just in the matter. He added that the Applicant’s right to peacefully enjoy his property was violated and he is entitled to the remedies sought.

In response Mr. Elisha Mwansasu, the Senior State Attorney representing the Attorney General of Burundi, submitted that the matter is time barred because it was not filed within two months time limit as it is provided in Article 30(2) of the Treaty which states that: “The proceedings provided for in this Article shall be instituted within two months of the enactment, publication, directive, decision or action complained of, or in the absence thereof, of the day in which it came to the knowledge of the complainant, as the case may be;”. He added that the matter was filed on 20th November 2015 more that 2 months after the decision of the legality of the Attested Affidavit of 1999 being complained of.

The respondent also urged that the Court has no jurisdiction to hear the matter as it does not have appellate jurisdictions over decisions of the Supreme Court of the Partner States as provided under Articles 27(2) and 30(3) of the Treaty. He asked the Court to dismiss the matter with costs.

Court will deliver its judgement on notice.

The First Instance Division bench was composed of Honorable Judges Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), and Justice Audace Ngiye.

EAC Secretary General welcomes new Deputy Secretary General to the Secretariat

Posted in Press Release

EAC Secretary General Amb. Libérat Mfumukeko today welcomed the new Deputy Secretary General in charge of Finance and Administration (DSG-F&A), Hon. Christophe Bazivamo, at the EAC Headquarters in Arusha, Tanzania.

Hon. Bazivamo who is from the Republic of Rwanda, was appointed by the EAC Heads of State Summit during their 17th Extra-Ordinary Meeting held at State House, Dar es Salaam on 8th September, 2016.

Amb. Mfumukeko congratulated Hon. Bazivamo on his appointment as DSG-F&A and wished him success in his new duties.

The Secretary General outlined a number of activities before the EAC Secretariat in the next few months as: the development of a roadmap on the EAC-EU Economic Partnership Agreement (EPA), and; the finalization of the EAC Institutional Review which will determine the Community’s future structures and the monumental changes that will come with the review.

Also present at the meeting were Deputy Secretaries General Dr. Enos Bukuku (Planning and Infrastructure), Mr. Charles Njoroge (Political Federation) and the Counsel to the Community, Dr. Anthony Kafumbe.

Prior to his appointment as DSG, Hon. Bazivamo was a Member of the East African Legislative Assembly (EALA) from Rwanda.

Meanwhile, with Hon Christophe Bazivamo having taken oath as new Deputy Secretary General of the EAC, a vacancy has arisen that shall shortly be filled. Already, the Speaker of the EALA, Rt. Hon. Daniel Fred Kidega has declared the vacancy and written to the Speaker of the Parliament of Rwanda in line with Article 51 (3) (a) of the Treaty for the Establishment for the EAC and the provisions of Section 7(3) (a) and (b) of the EALA Elections Act 2011.

It is now expected that the Parliament of Rwanda shall elect a new Member to replace Hon Bazivamo. The Member is to serve EALA for the rest of the tenure of the Assembly up to June 2017.

The Oath of Allegiance to the Community which was presided over by the Summit of the EAC Heads of State at the recent Summit in Dar es Salaam, was administered by the Registrar of the East Africa Court of Justice, His Worship Yufnalis N. Okubo and in the presence of the Counsel to the Community, Hon Anthony Kafumbe.

With the new appointment, Hon Bazivamo ceased to be a Member of EALA. Hon Bazivamo resigned shortly thereafter in a letter to the Speaker of the Assembly, Rt. Hon Daniel Fred Kidega.

“Aware of the fact that in accordance with article 50(d) of the Treaty for the Establishment of the East African Community, I cannot serve at the same time as Member of Parliament of the East African Legislative Assembly and as Deputy Secretary General of the Community, I hereby submit my resignation as a Member of EALA, to allow me serve fully as Deputy Secretary General of the East African Community”, the letter of resignation reads in part.

Hon Bazivamo was elected to EALA in 2011 to take over from Hon Damien Habumuryemi who was appointed Minister for Education in a Cabinet reshuffle. Rt. Hon Habumuryemi would then be appointed the Prime Minister of the Republic of Rwanda, a position he served until he was replaced by Rt Hon Anastase Murekezi.

At EALA, Hon Bazivamo was Chairperson of the Agriculture, Tourism and Natural Resources Committee as at time of his appointment as Deputy Secretary General. He also served as a Member of the Committee on x and was captain of the EALA/EAC Football team, who are the current reigning champions of the Inter-Parliamentary Football Tournament. The new Deputy Secretary General also served as a Commissioner in EALA in 2012-2014.

Hon Bazivamo has served in different Ministerial positions in Rwanda including the Lands, Environment, Forestry, Water and Mines Ministry, that of Local Government and has also served as Minister for Internal Affairs. He is also the current Vice President of the RPF/Inkotanyi, the ruling political organization in Rwanda.

Speaking briefly to EALA Media Office, the former legislator thanked the Speaker and Members of the Assembly for their support and promised to ensure the integration process is strengthened as he takes over a new role at the EAC Secretariat.

Currently, the EAC Secretariat has four Deputy Secretaries General who serve different dockets. The dockets include; Productive and Social Sectors; Planning and Infrastructure; Political Federation and Finance and Administration.

Hon Bazivamo, is an agriculturist by profession. He had his elementary education in the current Rulindo District and joined Secondary School at Lycee de Kigali in 1975.

He joined the National University of Rwanda in 1981 where he graduated with a Bachelor’s Degree in Agro-engineering. Between 1988 and 1989, he worked as a teacher. He later on pursued his Masters’ Degree in Germany before working with a number of NGOs until 1994 when he served as the Prefect of the (then) Gitarama Prefecture. In 2002 he became a Minister for Local Government.