Court hands Ndayishimiye power baton, rules oath of office to take place urgently

Friday, June 12, 2020 — updated on July 05, 2020 - 7 min read

Burundi President-elect Evariste Ndayishimiye and President Pierre Nkurunzinza wave at party supporters in Gitega on April 27, 2020. The Burundi Constitutional Court has ruled that Ndayishimiye should be sworn in as soon as possible. PHOTO | FILE | NATION MEDIA GROUP

By The EastAfrican

The Burundi Constitutional Court ruled late Friday that the country does not need an interim president as stipulated by Article 121, saying the country already has a president-elect.

The Court president Charles Ndagijimana said that since the president-elect is competent and the position of president is vacant, Evariste Ndayishimiye should be sworn in as soon as possible so that he can assume office in line with the country’s constitution.

Stranger than fiction best describes events in Burundi
It all seemed choreographed. In January 2020, President Pierre Nkurunziza anoints a successor Evariste Ndayishimiye, holds an election in May, successor wins. Loser Agathon Rwasa appeals in court, election is upheld on May 28 and successor is declared valid winner.
But everything unravelled on June 8, when President Nkurunziza suddenly died.
Burundi’s 2018 Constitution, Article 121, states that; “In case of vacancy caused by resigning, death or any other cause by the president then the Speaker of the National Assembly takes over in the interim until a new president is elected.”
But Burundi already has a president-elect and the Constitution is silent on such a scenario. As the government announced one week of mourning, it also called an extraordinary Cabinet meeting on May 11, to deliberate the way forward. Led by the country First vice president Gaston Sindimwo. The meeting held in State House, the government resolved to seek guidance from the Constitutional Court to declare the office vacant and appoint the next interim. The Constitutional Court had no more than eight days to make the ruling. Any matter, especially in making decisions related to constitutional matters, the government refers them to the court for proper interpretation.
For a country with a history as Burundi’s, proper interpretation is crucial not just for a smooth transition but also as a matter of life and death for citizens.
This was supposed to be Burundi’s long awaited peaceful and democratic transition of power. President Nkurunziza was expected to finish his third term this August, to pave the way for Mr Ndayishimiye’s leadership.
CRUCIAL DECISION
The constitutional court was to determine between the Speaker of parliament Pascal Nyabenda and president-elect Evariste Ndayishimiye.
This was not the first time for the two to be pitted against each other for the same seat. The duo were the only candidates of the ruling party in the running to be elected as party flag bearer after Nkurunziza. Some analysts say that Pascal Nyabenda was President Pierre Nkurunziza’s preferred candidate while the top generals backed Mr Ndayishimiye. Burundi government announced a one week mourning of the death of the country’s outgoing President Nkurunziza, all sorts of karaoke and music other than religious ones were banned country wide in bars and restaurants and other public places.
Burundi government spokesman Prosper Ntahorwamiye said President Nkurunziza who was seen healthy on Saturday passed on Monday morning after a cardiac arrest, “He felt unwell on Saturday evening and was taken to the hospital in Karuzi where his health improved on Sunday but on Monday morning he suffered from cardiac arrest,” announced the government spokesman on the state broadcaster RTNB.
President Nkurunziza was earlier on Saturday seen watching a volleyball match in the countryside, but his health deteriorated on Saturday evening and was rushed to a hospital in Karuzi one of the provinces in Burundi.
“He played a great role in keeping peace and stability in the country for the last 15 years it is not easy and we will always remember him for his fight for unity,” said the former president Ndayizeye.

Court hands Ndayishimiye power baton, rules oath of office to take place urgently

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