The East African Court of Justice 28th November 2014: The First Instance Division delivered a judgment in case between Mr. Ndorimana Benoit (Applicant) and the Attorney General of the Republic of Burundi.
The Applicant, a Burundian citizen asked the Court to order that, the refusal of the Government of Burundi to pay him (Mr. Ndorimana Benoit) a decretal amount of 1,000,300,000 BIF that has accumulated to BIF 1,660,498,000 is an infringement of Articles 6(d) and 7 (2) of the East African Community Treaty. The amount claimed by the Applicant are damages alleged to have been awarded to him by an Administrative Court of Bujumbura for the loss he had incurred in his business investments when he was in prison.
The Court in delivering the Judgment dismissed the case with costs to the Respondent on grounds that the Applicant did not adduce evidence that there has been a Treaty violation imputable to the Respondent.
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Article 6 (d) of the Treaty provides that, good governance including adherence to the principles of democracy, the rule of law, account ability, transparency, social justice, equal opportunities, gender equality, a s well a s the recognition, promotion and protect ion of human and peoples right s in accordance with the provisions of the African Charter on Human and Peoples’ Rights;
Article 7 (2) provides that; The Partner States under take to abide by the principles of good governance, including adherence to the principles of democracy, the rule of law, social justice and the maintenance of universally accepted standards of human rights.