The work of Professor Emeritus Auguste Mampuya entitled “Under the leadership of the Constitutional Court, a “jurisprudence which cannot make jurisprudence” was presented during an official ceremony at the University of Kinshasa (UNIKIN). This doctor of private law highlights the importance of the independence of constitutional judges from politicians, thus underlining the need not to be influenced by appointments.
During the event, Professor Mampuya emphasized that respect for the law as set out in the constitution and laws is paramount. He also criticized politicians who try to interfere in court cases and urged magistrates to show ingratitude to those who appoint them. According to him, the Superior Council of the Judiciary, as a management body of the independent judiciary, must play an essential role in the defense of this independence.
Professor Mampuya’s book comes in a context marked by the lawsuits against former Prime Minister Matata Ponyo. These lawsuits relate to the case of the debacle of the Bukangalonzo agro-industrial park project, where more than 250 million dollars were allegedly embezzled. The Constitutional Court has already declared itself incompetent to judge a former Prime Minister acting as a Senator. However, the public prosecutor’s office at the Constitutional Court is asking for the case to be re-fixed, which is giving rise to legal debates.
This book highlights the issues of judicial independence and underlines the importance of respecting the decisions of the Constitutional Court. It invites reflection on the place of politics in justice and recalls that each case must be judged according to the law in force, without influencing decisions according to political interests.
This study of case law raises reflections on the essential role of constitutional judges in the defense of the rule of law. It highlights the need to preserve judicial independence and to ensure that court decisions are enforced fairly. Professor Mampuya’s book thus constitutes a contribution of great importance to the legal field in the Democratic Republic of Congo