Date of publication:

07/07/2025

Burundi

Please describe the judicial system in the state.

ANALYSIS

The judiciary has a clear hierarchy:

First, there is the supreme court which is the highest ordinary jurisdiction of the Republic (Article 227 of the 2018 Constitution of the Republic of Burundi). 

Second, there is the constitutional court which is the jurisdiction of the state in constitutional matters (Article 231 of the 2018 Constitution of the Republic of Burundi).

As of other courts, the 2005 Code of Judicial Organization and Competence distinguishes ordinary courts form specialized courts: (a) ordinary courts include: courts of residence, high courts and courts of appeal; (b) Specialized courts include labor courts, commercial courts and administrative courts.

The traditional justice mechanism is applied at hill level by hill notables. The Law no. 1/03 of 23 January 2021 supplementing the provisions of the Code of Civil Procedure relating to the re-establishment of the Council of Hill Notables provides on the mission of this council, which is that of conciliation of disputing parties. The Council of Notables is responsible in particular for:

(1) Receiving complaints from disputing parties and giving its opinion on all civil matters falling within the jurisdiction of the courts of residence.

(2) To conciliate the parties in dispute when the dispute is not of public order and does not concern morality. 

Under no circumstances may the Council of Notables rule on sentences.

The agreement reached and ratified at the end of the conciliation procedure becomes enforceable and has the force of a final judgment.

If the conciliation fails, the party that considers itself wronged may refer the matter to the competent court within 15 days from the date of receipt of the minutes. 

The procedure followed before the council of notables is determined by local custom. It is free, public, oral and adversarial. 

Before any civil case that falls within the jurisdiction of the local court is heard, the court verifies that the parties have first referred the matter to the council of notables of the hill. The witnesses to be heard are mainly those who have testified before the council of notables. The court is not bound by the recommendation of the Council of Notables. Rejection of the recommendations of the council must be justified.