1. This Reference was filed on 30th July, 2013 by the above named Applicant and was brought under Articles 6(d),7(2), 27(1), 30(1) of the Treaty for the Establishment of the East African Community (”the Treaty”) as well as Rule 24 of the East African Court of Justice Rules of Procedure . Certain orders and declarations are sought in the Reference which we shall reproduce later in this Judgment.
2. The Applicant describes itself as a legal person under Burundian Law registered by an ordinance dated 8th July, 2013 although its Articles of Association were adopted on 3rd October, 2009. Amongst its stated objectives are the encouragement of the media to defend freedom of the press and social justice as well as freedom of expression.
3. The Applicant’s address is Boulevard du 28 Novembre, Robert 1, Avenue de Mars, B. P. 6719, Bujumbura, Burundi and at the time of hearing was represented by Mr. Donald Omondi Deya, Advocate of No.3 Jandu Road, Corridor Area, P.O. Box 6065, Arusha, Tanzania.
4. The Respondent is the Attorney General of the Republic of Burundi sued in his capacity as such and also as Minister for Justice and Holder of the Seal and his address is P.0 Box 1880 Bujumbura, Burundi. Mr. Neston Kayobera, Director of Judicial Organization in the Respondent’s office, at all times during the proceedings, appeared on his behalf.
5. By order of this Court issued on 15th August, 2014 in EACJ Application No.2 of 2014, nine non-governmental organizations were joined as Amici curiae. They are Forum pour le Reinforcement de la Societe Civile, the International Press Institute, Maison Pour de la Presse du Burundi, Forum la conscience et le Developement, PEN Kenya Centre, Pan African Lawyers Union, PEN International Reporters sans Frontiers, and the World Association of Newspapers and News Publishers.