The lawyers of former Prime Minister Matata Ponyo reacted strongly following the summons issued by the Attorney General at the Constitutional Court against their client. During a press conference held this Wednesday, July 12, Professor Nyabirungu Mwene Songa, Matata Ponyo’s lawyer, expressed his indignation at this legal process, which he considers to be irregular.
According to Professor Nyabirungu, the Public Prosecutor at the Constitutional Court should only act in the event that the offense concerned falls within the jurisdiction of that specific court. However, in the case of Matata Ponyo, the Constitutional Court is not competent to judge him, which makes the warrant to appear null and void.
Moreover, the lawyer refers to article 168 of the Constitution to denounce a violation of the authority of res judicata. Indeed, the Constitutional Court had already declared itself incompetent to judge the former Prime Minister, but the judicial authorities seem to refuse to submit to this decision, trying to reactivate the proceedings against him.
The charges against Matata Ponyo relate in particular to the case of the Bukangalonzo agro-industrial park project, where more than 250 million dollars were embezzled. In addition, the Attorney General at the Constitutional Court is seeking to obtain new prosecutions for acts of embezzlement of funds intended for the compensation of the former owners of Zairianized property.
According to the indictment of the Attorney General, Matata Ponyo, then Minister of Finance, would have signed a memorandum of understanding in 2011 to allow the Congolese government to compensate these former owners. However, subsequent investigations found no trace of these 300 allegedly injured creditors.
For Matata Ponyo, these legal proceedings constitute a maneuver aimed at eliminating him from the presidential race of 2023. He denounces a cavalier procedure and believes that the Constitutional Court had already ruled on its jurisdiction over him.
The Matata Ponyo case continues to generate debate and strong reactions in the country. The course of events will depend on the decisions taken by the Constitutional Court and the responses given by the judicial authorities to the arguments raised by the defense of the former Prime Minister.