Overview The constitution was largely based on the Belgian and French legal systems, both derived from the
Napoleonic Code. Some provisions were taken verbatim from the
Belgian constitution of 1832. It was written in
French with an official translation offered in
Kirundi. It consisted of 123 articles. It established Burundi as a
constitutional monarchy with eight provinces: Bubanza, Bukirasazi, Bururi, Gitega, Muramvya, Muyinga, Ngozi, and Ruyigi. Article 21 declared French and Kirundi as the country's
official languages. Article 23 declared that all governmental power was derived from "the Nation". Article 113 declared "God, King, and Burundi" to be the national motto and article 114 designated
Bujumbura as the capital. Article 18 stipulated that the constitution could not be suspended.
Bill of rights Articles 4–22 served as a
bill of rights, enumerating the basic civil, political, and economic rights of Burundians. Article 6 declared that the legal system made no racial distinctions and gave Burundians
equality before the law. Article 13 ensured the
freedom of religion. Article 17 guaranteed the
freedom of the press. Article 19 granted Burundians the
right to petition the government. Article 20 guaranteed the "secrecy" of letters. The freedoms of association and assembly were also recognised. The freedoms of the press, secret correspondence, and association were subject to exceptions to be determined by law.
Legislature Articles 23–50 established the
Parliament of Burundi as a
bicameral entity with a National Assembly and a
Senate and laid out their powers. Article 24 stated that legislative authority was shared by the Mwami and Parliament, The Senate was empowered to review legislation but not propose bills on its own accord. Parliament was given responsibility for creating a national budget. Article 105 requested that the National Assembly appoint an Accounts Court to oversee national expenditures. Article 122 listed additional parliamentary powers and requested that the legislature create regulations concerning 11 subjects, including the press, finances, the organisation of the
judiciary, administrative organisation of provinces and communes, organisation of the armed forces, and the responsibilities of ministers. Parliament was empowered to demand the presence of government ministers at its proceedings and could initiate public inquiries. Members of Parliament enjoyed
parliamentary immunity and could only be prosecuted if stripped of immunity by the chamber of which they were a member or in instances where they had committed a conspicuous offense.
Powers of the monarchy and government Articles 51–82 established the powers of the Mwami and his ministers. The Mwami was declared a constitutional king. Article 27 vested him with executive authority. Monarchical orders had to be countersigned by a minister with competence in the relevant subject in order to be legal. The Mwami was not responsible to Parliament, while his ministers were responsible. Ministers appointed from the members of Parliament were allowed to retain their seats and participate in debates. The Mwami was empowered to appoint and revoke his ministers and had more general appointment powers concerning government administration, diplomats, and some judicial offices subject to limits imposed by laws. He could also select a
formateur. He also had the power to
veto parliamentary legislation and dissolve Parliament. He enjoyed
sovereign immunity from criminal prosecution. Article 77 established a six-member Crown Council to advise the Mwami, three of whom were to be appointed by the National Assembly. The position of the Mwami was to be assumed by hereditary succession to a male of 17 years of age, though in cases where there was no
heir apparent the Mwami was to be designated by Parliament and the Crown Council. In instances when the heir was not of age, Parliament and the Crown Council would select a regent. Any new Mwami or regent would swear an oath to the constitution before assuming their powers. A regent would also be selected in case the Mwami was incapacitated. No regent could accept amendments to the constitution during his tenure. During brief vacancies of the crown, the powers of the monarchy were to be exercised by the council of ministers.
Judiciary Articles 83–97 established the judiciary and largely modeled it after the
Belgian system. Article 94 provided for Tribunals/Courts of Residence, Courts of Province, Courts of First Instance, an Appeals Court, and a
Supreme Court. Judges were to be appointed by the Mwami at the suggestion of his Minister of Justice and held their offices for life unless dismissed by the Mwami on the Minister of Justice's recommendation. Criminal trial by a board of jurors was stipulated in instances where the accused was facing
capital punishment or life imprisonment. The Supreme Court had the sole competence to try cases involving breaches of the law by ministers, deputies, and senators. It also had the sole authority to try cases involving disputes between different branches of government and the constitutionality of laws. Ministers found guilty of a crime committed in the course of their official responsibilities could not be pardoned by the Mwami.
Provinces and local institutions Articles 98–106 detailed the role of provincial and communal governments.
Armed forces Articles 107–112 handled the creation of the armed forces. This was to include three branches: an army, a
gendarmerie, and a civil guard. Foreigners were prohibited from serving in the forces. The Mwami was declared
commander-in-chief and empowered to confer ranks upon the forces' members.
Amendment process Article 119 detailed the process for amending the constitution. The Mwami and Parliament were to declare that a specific amendment was being considered. Following this, Parliament was to be dissolved and a special election held within 40 days. Within two months following this Parliament was to reconvene to debate the amendment. In order to be ratified, the amendment had to secure the approval of two-thirds of those voting in each chamber of Parliament as well as the agreement of the Mwami and the Crown Council. == Historical application and suspension ==