Title: The Matata Ponyo case: a new summons issued by the Constitutional Court
Introduction:
The former Prime Minister of the Democratic Republic of Congo, Augustin Matata Ponyo, is again the subject of a warrant to appear issued by the Constitutional Court. This case concerns the alleged embezzlement of funds intended for the Bukanga-Lonzo agro-industrial park. Despite several previous invitations and mandates, Matata Ponyo did not respond to summonses from the Attorney General to the Constitutional Court. This article examines the latest developments in this case and the reactions surrounding it.
The second warrant of appearance:
In a statement made public on Monday, July 10, the Attorney General at the Constitutional Court, Jean-Paul Mukolo Nkokesha, issued a second warrant for the appearance of Augustin Matata Ponyo. The document stipulates that the former Prime Minister is summoned to be heard on the charges against him, in connection with the embezzlement of funds from the Bukanga-Lonzo agro-industrial park. Matata Ponyo is called to appear from Wednesday July 12 in the office of the Constitutional Court. The prosecutor warned that, in the event of non-compliance with this summons, coercive measures will be taken in accordance with the law.
Reactions and controversies:
Since the opening of this case in May 2021, Augustin Matata Ponyo has denied the charges against him. He claims not to have embezzled any dollar intended for the agro-industrial park project. In addition, he denounces an instrumentalization of justice and a legal drift in the treatment of his file, which he considers as a reprisal for his refusal to join the Sacred Union of the Nation, the political platform of President Tshisekedi.
However, Congolese authorities, including government spokesman Minister Patrick Muyaya, maintain that no one should be above the law and that every citizen should be able to answer for their actions. According to them, it is essential to continue the legal proceedings in order to establish the truth on this affair of embezzlement of public funds.
The question of the jurisdiction of the Constitutional Court:
This case also raised questions about the jurisdiction of the Constitutional Court to try the former Prime Minister. Indeed, the Court of Cassation had declared itself incompetent to judge him. However, the Constitutional Court issued a judgment in November 2022, declaring itself competent to prosecute Matata Ponyo. This legal controversy fuels the debates around the case and raises questions about compliance with the principle of separation of powers.
Conclusion:
The Matata Ponyo affair continues to make headlines in the Democratic Republic of Congo. With the issuance of a second warrant to appear by the Constitutional Court, tensions are escalating. Reactions diverge as to the legitimacy of the prosecution and the jurisdiction of the Constitutional Court in this case. The evolution of this case remains uncertain, but it illustrates the will of the Congolese authorities to fight against corruption and to ensure that no one is above the law