jurisdiction s1nce the Supreme Court of Rwanda has determined the
application filed by the Green Party, to challenge the referendum .
32 .
This Order is with respect to the Applica nts' Req uest for Interim Measures
for the Respondent to be ordered not to proceed with the referendum to
amend Article 101 of its Constitution, in light of a prohibition in this regard
in Article 23(5) of the Charter on Democracy. The Applicants did not submit
specific prayers on the merits of the Application.
33.
The Court can indeed, pursuant to Article 27(2) of the Protocol issue the
interim measures "[i]n cases of extreme gravity and urgency, and when
necessary to avoid irreparable harm to persons." This provision is mirrored
in Ru le 51 (1) of the Rules which provides that '[p}ursuant to article 27(2) of
the Protocol, the Court may, at the request of a party, the Commission or
on its own accord, prescribe to the parties any interim measure which it
deems necessary to adopt in the interest of the parties or of justice".
34.
In view of the extreme urgency of the situation , whereby the request for
interim measures was to stop the referendum on amendment of Article 101
of the Respondent's Constitution planned for 17 or 18 December, 2015,
th e Court decided to hold a Public Hearing on this request on 25
November 2015. The Applicants requested a deferral of the hearing due to
the inability of some of the Applicants who wished to travel to Arusha for
the same. The Applicants did not propose a specific date th at the hearing
should be deferred to. The refe rendum was duly held on 17 December
20 15, thus defeating the purpose of any interim measures.
35.
In light of the foregoing, the Court declines to grant the interim measures
since the object of the request has been overtaken by events. The
application for interim measures is therefore no longer of relevance and is
consequently dismissed.