Mr. Ignace Mwamba, legal counsel for Mr. Benoît Tshibangu Ilunga, accuses the Minister of State, Minister of Town Planning and Housing Pius Muabilu Mbayu Mukala of being behind the illegal eviction of his client from plot number 40, of the avenue de la Gombe, in the commune of Kinshasa bearing the same name.
Indeed, according to the lawyer, the plot in question was transferred for consideration by the Congolese State to Mr. Benoît Tshibangu Ilunga in 1988, and this transfer was registered in 1990. According to articles 11 and 211 of the Land Code, real estate in the private domain of the State belongs to the trade and their deed of transfer of ownership is not the decommissioning decree, but rather the deed of sale. It is therefore illegal for the Minister of Town Planning and Housing to wish to subject the acquisition of real estate in the private domain of the State to the holding of a decommissioning order.
Master Ignace Mwamba thus revealed that there is a decision of the Council of State in favor of his client that the minister refuses to execute. According to him, the minister instrumentalized the military authorities who, with agents, carried out a serious invasion of the home on his client’s plot, causing damage. In this state of affairs, the lawyer seeks the involvement of the Head of State, Félix Tshisekedi, in order to enforce court decisions and put an end to this illegal situation.
Ultimately, the accusation of Minister of State Pius Muabilu Mbayu Mukala by Maître Ignace Mwamba for the illegal eviction of his client Benoît Tshibangu Ilunga once again demonstrates the fragility of the land system in the Democratic Republic of Congo. Justice must be rendered to restore the rights of Mr. Tshibangu Ilunga, and an in-depth reform of the land legislation must be initiated in order to put an end to the spoliations and free the economic dynamics of the country