east african civil society organisations forum v attorney general of the republic of burundi and others reference 2 of 2015 2019 eacj 32 3 december 2019

east african civil society organisations forum v attorney general of the republic of burundi and others reference 2 of 2015 2019 eacj 32 3 december 2019

The EACJ held that its mandate does not extend to quashing or revising domestic judicial decisions but only to reviewing their compliance with Treaty obligations. The Constitutional Court of Burundi's decision, while possibly contestable, did not amount to an outrageous judicial act or manifest injustice that would invoke state responsibility under international law. Therefore, the reference was dismissed as improperly invoking the Court's international judicial review mandate.

Citation
east african civil society organisations forum v attorney general of the republic of burundi and others reference 2 of 2015 2019 eacj 32 3 december 2019
Parties
Applicant: East African Civil Society Organisations Forum (EACSOF); 1st Respondent: Attorney General of the Republic of Burundi
Court
EACJ
Jurisdiction
Tanzania
Judgment Date
3 December 2019
Procedural Posture
Reference / Judgment After Remand From Appellate Division
Outcome
Reference dismissed
Legal Topics
State Responsibility, Judicial Review (international), Rule of Law, Interpretation of Treaties, Separation of Powers
Source Language
English
International Law Constitutional Law Regional Integration Law State Responsibility Judicial Review (international) Rule of Law Interpretation of Treaties Separation of Powers

Case Brief

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Parties

East African Civil Society Organisations Forum (EACSOF)

Applicant

Attorney General of the Republic of Burundi

1st Respondent

Procedural Posture

Reference / Judgment After Remand From Appellate Division

Legal Issues

  1. 1 Whether the decision of the Constitutional Court of Burundi in Case No. RCCB 303 violated Articles 5(3)(f), 6(d), 7(2), 8(1)(a) and (c), and 8(5) of the EAC Treaty
  2. 2 Whether the applicant is entitled to the remedies sought

Ratio Decidendi

The EACJ held that its mandate does not extend to quashing or revising domestic judicial decisions but only to reviewing their compliance with Treaty obligations. The Constitutional Court of Burundi's decision, while possibly contestable, did not amount to an outrageous judicial act or manifest injustice that would invoke state responsibility under international law. Therefore, the reference was dismissed as improperly invoking the Court's international judicial review mandate.

Court Disposition

Reference dismissed

Orders

  • Each party to bear its own costs