![]() They also challenged the legality of articles 2, 5, 8 and 9 of Act No. 1/31, which provided for the appointment of members of the Commission by the President of the Republic of Burundi, to whom the Commission reported. They did also appear to challenge the apparent fusion of the Executive and the Judiciary as denoted by articles 9 and 31 of Act No. 1/31 in that they negated litigants’ right of appeal and, consequently, the right to a fair and equitable trial in so far as they underscored the immediate enforceability of decisions of the National Commission on Land and Other Assets (the Commission), the existence of a pending appeal before the Special Court notwithstanding. The Applicants challenged articles 22 and 25 of Act No. ![]() 1/26 of the September 15, 2014- Dealing with the creation, organization, structure, functioning and power of the Special Court on Land and Other Assets as well as its proceeding (Act No. Following a decision by the Constitutional Court of Burundi endorsing the constitutionality of a Bill in respect thereof, the Republic of Burundi did enact Act No. 1/31), article 23 of which provided for appeals from the Commission’s decision to a Special Court of Land and Other Property. 1/01 of Janu– Determining the mandate, composition, organization and work of the National Commission of Land and Other Property (Act No. On December 31, 2013, the Republic of Burundi enacted Act No.1/31 of the Decemconcerning the amendment to Act No. Words and Phrases -definition of due process- due process advanced the conduct of legal proceedings according to established rules and principles for the protection and enforcement of private rights- Black’s Law Dictionary, 8th Edition, pp.538,539 Words and Phrases - definition of rule of law-the principle of governance to which all persons, institutions and entities, public and private, including the State itself, were accountable to laws that were the existence of laws that were publicly promulgated, equally enforced and independently adjudicated, and secondly, measures that ensured adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, procedural and legal transparency- Report of the (UN) Secretary General on the Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies, UN Doc S/2004/616 (2004), para. Words and Phrases - definition of good governance- existence of effective mechanisms, processes and institutions through which citizens and groups articulated their interests, exercised their legal rights, met their obligations and mediated their differences- the International Fund for Agricultural Development (IFAD), ‘Good Governance: An Overview’, IFAD Executive Board – 67th Session, September 1999, p. 1/26 was inconsistent with the right to an independent and impartial judicial system and the right to a fair trial, and therefore inconsistent with international instruments and/or the principles of rule of law and good governance of the Treaty- Treaty for the Establishment of the East African Community (As amended on 14th December, 2006 and 20th August, 2007) -articles 6(d) and 7(2) International Law - law of Treaty-interpretation of Treaty Establishing East African Community-fundamental and operational principles of the Community- whether Act No. International Law - law of Treaty-interpretation of Treaty Establishing East African Community-reference by legal and natural persons- whether the Reference on Acts 1/26 and 1/31 was time barred for having been filed past the two month limit-Treaty for the Establishment of the East African Community (As amended on 14th December, 2006 and 20th August, 2007) –article30(2) International Law - law of Treaty-interpretation of Treaty Establishing East African Community-fundamental and operational principles of the Community- whether the East African Court of Justice had jurisdiction to entertain the Reference on Act No 1/26 allegedly having violated the principles of rule of law and good governance under the Treaty- Treaty for the Establishment of the East African Community (As amended on 14th December, 2006 and 20th August, 2007) -articles 6(d) and 7(2) ![]() Ntezilyayoīaranzira Raphael & Ntakiyiruta Joseph v Attorney General, Republic of Burundi ![]() Lack of Separation of Powers in the Process of Appointing Judges Violates the Principles of Rule of Law and Good Governance of the Treaty.
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