east african civil society organisations forum v ag of burundi and ors application 5 of 2015 2015 eacj 94 29 july 2015

east african civil society organisations forum v ag of burundi and ors application 5 of 2015 2015 eacj 94 29 july 2015

The Court held that it lacked jurisdiction to interpret the Burundi Constitution or the Arusha Peace Agreement for the purpose of reviewing the correctness of the Burundi Constitutional Court's decision. The Applicant failed to demonstrate irreparable injury or that such injury could not be compensated by damages....

Source-derived case information.

Citation
east african civil society organisations forum v ag of burundi and ors application 5 of 2015 2015 eacj 94 29 july 2015
Parties
Applicant: East African Civil Society Organisations Forum (EACSOF); First Respondent: Attorney General of Burundi; Second Respondent: Commission Electorale Nationale Independente (CENI); Third Respondent: Secretary General, East African Community
Court
EACJ
Jurisdiction
Tanzania
Judgment Date
29 July 2015
Procedural Posture
Application for Interim Orders (injunction) / Ruling on Application for Interim Orders Pending Hearing of Reference No. 2 of 2015
Outcome
Application dismissed
Legal Topics
Jurisdiction of EACJ, Interim Injunctions, Treaty Interpretation, Elections, Good Governance, Rule of Law
Source Language
english
Public Law Constitutional Law Regional Integration Law Jurisdiction of EACJ Interim Injunctions Treaty Interpretation Elections Good Governance +1 more

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Summary, issues, holding and outcome

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Parties

East African Civil Society Organisations Forum (EACSOF)

Applicant

Attorney General of Burundi

First Respondent

Commission Electorale Nationale Independente (CENI)

Second Respondent

Secretary General, East African Community

Third Respondent

Procedural Posture

Application for Interim Orders (injunction) / Ruling on Application for Interim Orders Pending Hearing of Reference No. 2 of 2015

Legal Issues

  1. 1 Whether the East African Court of Justice has jurisdiction to grant interim orders regarding the postponement of Burundi's Presidential and Senatorial Elections and the nomination of Mr. Pierre Nkurunziza as a candidate.
  2. 2 Whether the Applicant demonstrated a prima facie case, irreparable injury, and balance of convenience to warrant interim orders.

Ratio Decidendi

The Court held that it lacked jurisdiction to interpret the Burundi Constitution or the Arusha Peace Agreement for the purpose of reviewing the correctness of the Burundi Constitutional Court's decision. The Applicant failed to demonstrate irreparable injury or that such injury could not be compensated by damages. The balance of convenience did not favor granting the interim orders, as postponing the elections could cause greater harm to the rights of Burundian citizens and the constitutional mandate for timely elections.

Court Disposition

Application dismissed

Orders

  • Application for interim orders is disallowed
  • No order as to costs