It is 9 a.m. We are in the Kamenge zone, Ntahanga commune in the capital of Bujumbura. Newly elected members of the hilltop notables council are present on the premises. They are well dressed. They are waiting for the swearing-in ceremony. Joy was evident on their faces. The Kamenge zone is composed of 9 neighborhoods namely Kavumu, Songa, Mirango1, Mirango 2, Twinyoni, Gituro, Teza, Gikizi, Heha. Each neighborhood has 15 notables.

Of 135 members of this council expected in Kamenge for the swearing-in ceremony, 132 presented themselves in the swearing-in room. Three members are absent from this ceremony. What is new in Burundi's history, in the Mirango 2 neighborhood, of fifteen members of the notables council, ten are women.

The swearing-in took place in the courtroom of the Kamenge residence tribunal. The members of the notables council take an oath before the two flags of the country (the national flag and the unity flag). These members take an oath with their left arm raised and their right arm on their chest, saying, "Before Almighty God and before the citizens, I swear to give myself without hesitation to fight for truth and justice for all. I accept to work without asking for reward, without regard to nepotism and to keep professional secrecy, and even when I am no longer a member of the notables council."

Pulchérie Ahishakiye, councilor for the Mirango neighborhood, is proud to be a member of the notables council. She states that their role is to reconcile parties and promises to work in respect of the council's laws. However, she indicates that she is not yet aware of the law governing this institution.

She hopes that the ministry responsible for justice will provide training to members of this council. According to her, the difference between the notables councils and the "Bashingantahe" whose function has been removed, is that the new body has no right to collect fine fees while these former ones had the right to do so.

The Function of the Notables Council

Méridienne Bariyorobeka, presiding judge of the residence tribunal, indicated that the notables council of the hill has a general mission to reconcile disputing parties.

She emphasizes that the notables council is particularly responsible for receiving disputing parties and giving its opinion on all civil matters within the competence of the residence tribunals and for reconciling conflicting parties when the dispute is not of public order and does not affect public morals.

According to article 5 of the notables council institution, the council may also settle a conflict resulting from an offense by ruling on the granting of damages resulting from it, provided that the related civil action is within the competence of the residence tribunal.

According to her, the mandate of notables council members is unpaid. The procedure before the council does not give rise to any fees. The notables council cannot in any case rule on penalties. The notables council is composed of fifteen members elected by the hill assembly.

She specifies that the agreement obtained and ratified following the conciliation procedure becomes enforceable and has the value of a final judgment. Enforcement is ensured by the notables who took part in the conciliation in the presence of the parties and witnesses. In case of failure of conciliation, the party that believes itself wronged may seize the competent court within fifteen days from receipt of the record.

When Does a Notables Council Member Lose Status?

Article 3 of the law governing the notables council provides that the status of member of the notables council is lost in the following cases: Death of the member, serious failures in their mission found by the council, conviction of a misdemeanor or criminal offense, physical or cognitive incapacity, unavailability, resignation, and any other cause that could tarnish the honor of the notables council.

In case of exclusion proceedings for reasons of serious failures in their mission, unavailability, or any other cause that could tarnish the honor of the notables council, the person concerned is first heard by the notables council.

Concerns

Some residents of the Kamenge zone do not have confidence in these new members of the notables council. They give the example of the Gituro neighborhood where 13 out of 15 people are members of the ruling party. They explain that these latter will work for the account of the party and not for the general interest of the population.

The term of the mandate of notables council members is indeterminate.

Pacifique Gahama