GITEGA, September 20th (ABP) – On Tuesday 17 September 2024, Burundi’s Senators, meeting in plenary session in the hemicycle of Gitega (Central Burundi), unanimously adopted the draft law on the organisation and functioning of the Constitutional Court and the procedure followed before it.
The meeting was marked by the presence of the Minister of Justice, Domine Banyankimbona, who had represented the Burundian government to present the bill to the Senators and enlighten them on its most important aspects.
In her explanatory statement, she explained the importance of the bill. She pointed out that the organic law that led to the current Constitutional Court had undergone changes that made it necessary to amend it. That is the case in particular with Organic Law No. 1/11 of 20 May 2019 on the Electoral Code.
She went on to point out that its Article 85 contradicts Article 50 governing the Constitutional Court as regards deadlines for appeals in electoral matters. Hence the need to harmonise the two texts.
Minister Banyankimbona also explained that the current law governing the Constitutional Court provides for the procedures applicable before it, but that it omits to mention the aspects relating to its jurisdiction as specified in the Constitution, she added. Minister Banyankimbona pointed out that that is what the present bill incorporates.
In addition, she said that the organic law in force is silent as regards the competence to ensure compliance with the Constitution, including the Charter of Fundamental Rights, by State bodies and other institutions.
In the course of the debates, the Senators asked why, in the event of the death of a member of the Constitutional Court, the latter takes full responsibility for the funeral expenses while ignoring the possibility of having him or her treated.
In response to that question, Mrs. Banyankimbona said that the law made no provision for healthcare. She went on to say that in the event of natural illness or maternity, health care is covered by the civil service mutual insurance scheme.
In the event of occupational illness or accident, she continued, the health care of the members of the Court in question is paid for by the ONPR.