The Constitutional Court (French: Cour constitutionnelle) is the supreme authority on Burundi's constitutional law. The Constitutional Court deals with the interpretation of the Constitution of 2005 and is considered the country's second highest court. In conjunction with the Burundian Supreme Court (Cour Suprême), the Constitutional Court can sit en banc as a High Court of Justice (Haute Cour de Justice) with special prerogatives, such as the power to try an incumbent president.[1] It sits at Bujumbura and its incumbent president is Charles Ndagijimana.
The court was established in 1992 as the authority on the new constitution adopted the same year. Previously, the Supreme Court had exercised jurisdiction over constitutional questions.[2] In May 2015, the Constitutional Court was called to rule on the legality for a candidate to stand for a third term as president of Burundi. The case occurred against the background of the widespread popular unrest against the government of Pierre Nkurunziza who had held the position since 2005. The court ruled that the Constitution of 2005 did not prohibit a third term, ruling that Nkurunziza's first mandate should not be counted because he had been selected by parliament.[3] The judgment was deeply controversial and was accused of pro-government bias. The court's vice-president, Sylvere Nimpagaritse, fled into exile before the judgment was released, claiming that the government had applied pressure to the judges to decide in favour of three-term presidencies.[4][5] Nkurunziza subsequently served for a third term and died in 2020 shortly after announcing that he would not stand for a fourth.
- List of presidents
- 1992–1996:[6] Gérard Niyungeko
- 1996–1998:[7][8] The Constitutional Court was abolished and then reorganized.
- 1998–2006:[9][10] Domitille Barancira
- 2007–2013:[11][12][13] Christine Nzeyimana
- 2013–present:[14][15] Charles Ndagijimana
Official Website
http://courconstitutionnelle.gov.bi/
- ^ Bizimana, Syldie (2007). "The Burundi Legal System and Research". Hauser Global Law School Program. Retrieved 27 November 2016.
- ^ "Présentation de la Cour Constitutionelle du Burundi" (PDF). Association des Cours Constitutionnelles ayant en Partage l'Usage du Français. Retrieved 19 April 2017.
- ^ "Burundi court backs President Nkurunziza on third-term". BBC. 5 May 2015. Retrieved 27 November 2016.
- ^ "Burundi court 'forced' to validate leader's third term". Al Jazeera. 14 May 2015. Retrieved 27 November 2016.
- ^ "Senior Burundi judge flees rather than approve president's candidacy". The Guardian. AFP. 5 May 2015. Retrieved 19 April 2017.
- ^ "Anciens Juges de la Cour". www.african-court.org. Retrieved 2019-04-22.
- ^ "BURUNDI JUSTICE: THE PARTIES OF THE FORCES OF DEMOCRATIC CHANGE EXPRESS THEIR VIEWS ON THE TRIALS OF THE COUP AND THE MASSACRES THAT FOLLOWED". January 23, 1997.[permanent dead link]
- ^ "Cour constitutionnelle (Burundi)". University of Antwerp.[permanent dead link]
- ^ Dawuni, Josephine; Kang, Alice (2015). "Her Ladyship Chief Justice: The Rise of Female Leaders in the Judiciary in Africa". University of Nebraska – Lincoln: DigitalCommons@University of Nebraska – Lincoln.
- ^ "H.E. Amb. Domitille Barancira". www.culturaldiplomacy.org. Retrieved 2019-04-22.
- ^ Dawuni, Josephine; Kang, Alice (2015). "Her Ladyship Chief Justice: The Rise of Female Leaders in the Judiciary in Africa". University of Nebraska – Lincoln: DigitalCommons@University of Nebraska – Lincoln.
- ^ "Chief Justice of Burundi officially opens EAC Bujumbura Sub-registry". East African Court Of Justice. 2013-03-04. Retrieved 2019-04-22.
- ^ "Appointment of a new President of the Constitutional Court of Burundi | CCJA". Archived from the original on 2019-04-22. Retrieved 2019-04-22.
- ^ "Appointment of a new President of the Constitutional Court of Burundi | CCJA". Archived from the original on 2019-04-22. Retrieved 2019-04-22.
- ^ "Charles NDAGIJIMANA: President de la Cour constituionnelle, magistrat partial double de militantisme zele au service de pouvoir" (PDF). Bulletin de Justice. September 20, 2018.[permanent dead link]