WHAT DOES BURUNDI’S CONSTITUTION SAY IN CASE A PRESIDENTIAL VACANCY RAISES DUE TO PRESIDENT’S DEATH?

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By: Rpf Gakwerere

Article 121, of Burundi’s constitution:

In case of absence or temporary impediment of the President of the Republic, the First Vice-President will assure the management of current affairs and if the First Vice-President is unavailable, then the Second Vice-President.

In case of a vacancy because of demission, death or any other causes of a definitive end to his functions, the interim will be assured by the President of the National Assembly or, if he is also impeded from exercising his functions, by the Vice-Presidents of the Republic and the Government acting collectively.

The vacancy will be announced by the Constitutional Court called upon by the Vice-Presidents of the Republic and the Government acting collectively.

The temporary authority may not form a new Government. The Vice-Presidents of the Republic and the Government are reputed, outgoing authorities and may do nothing more than assure the management of current affairs until the formation of a new government.

The ballot for the election of the new President of the Republic will take place, except in a state of emergency announced by the Constitutional Court, with a period of time that may not be less than a year nor greater than three months from the announcement of the presidential vacancy.
The temporary authority will name a national, independent electoral commission charged with organizing a new presidential election, conforming to the laws in place.

N.B: In this case, Presidential election will not be called because Burundi has just come from presidential, parliamentary and local elections with a new president to be sworn in – August 2020.

My simple question,

1) Will the president of Parliament, Pascal Nyabenda lead the two months interim period until the swearing of the new president in August 2020.

2) Will the constitution court move in swiftly and swear in, the May 20 presidential winner Maj Gen Evariste Ndayishimiye?

I go for the second option.

RIP, MUTAMA, PRESIDENT PETER NKURUNZIZA