Ndayizamba v Attorney General of the Republic of Burundi and Another
Ndayizamba v Attorney General of the Republic of Burundi and Another [2014] EACJ 149 (28 February 2014) (First Instance Division)
The Court held that its jurisdiction is limited to interpretation and application of the Treaty, and does not extend to granting remedies concerning human rights or ordering release from detention, as the requisite protocol under Article 27(2) has not been operationalized. The Reference was found to be time-barred under Article 30(2) of the Treaty, as the Applicant was aware of the alleged infringement more than two months before filing the Reference. The Court rejected the Applicant's argument of a continuing violation, affirming that the time-limit is strict and cannot be extended or waived…
Source excerpt
- Treaty Interpretation
- Jurisdiction Of Regional Courts
- Time Limitation
- Detention Procedures
- Good Governance