Coming up for delivery of Judgement: on 19th November 2021.
Appeal filed: on 1st December 2019.
Rule: 78(5) of the East African Court of Justice Rules of Procedure, 2019.
Subject matter: Freedom of association and assembly.
The Appellant, appealed against a decision of the First Instance Division in Reference No. 12 of 2016 Forum pour le Reinforcment la Societe Civile (FORSC) & 4 Others v The Attorney General of the Republic of Burundi & the Secretary General of the East African Community delivered on 4th December 2019 dismissing the Reference with an order that, each party bear its own costs.
In the said Reference, Applicants sought to challenge the banning of their bank accounts and operational activities by the Government of Burundi pursuant to Ministerial Ordinance No. 530/1922, an act that allegedly constitutes a violation of Burundi law, the Treaty as well as pertinent international legal instruments.
On appeal, Appellants alleges inter alia that, the First Instance Division erred in law and committed procedural irregularity by finding the Ministerial Order was issued in compliance with the Burundian Law and accordingly does not infringe the Treaty. Further faults, the trial Court for allegedly misapprehending, the nature, quality and substance of the Appellants evidence and pray for orders setting aside the decision, retrial of the Reference, costs and any other reliefs the Court deems just in the circumstance.
The Respondent opposes the appeal arguing inter alia that, no any strong argument given showing the First Instance Division erred in law by finding the Ministerial Ordinance was issued in compliance with Burundian law and not an infringement of the Treaty. Further argues, Judges of the trial Court neither misapprehend the nature, the quality and substance of the evidence nor did they act irregularly in the conduct of the proceeding or hearing leading to a failure of due process. Respondent thus prays for orders disallowing the appeal with costs in his favour for the matter before the First Instance Division and the Appellate Division.
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