Title: The Bukangalonzo agro-industrial park affair: a scandal that continues to spark debate
Introduction :
The case of the Bukangalonzo agro-industrial park, involving former Prime Minister Augustin Matata Ponyo, remains at the heart of legal news. With alleged embezzlement of more than 250 million USD, this case has fueled many controversies and sparked intense legal debates. In this article, we will analyze the different points of view and the stakes of this case which continues to capture the attention of the public.
Opinion of the former member of the Constitutional Court:
According to Professor Luzolo Bambi Lessa, former member of the Constitutional Court, the Court remains competent to judge the Prime Minister in office as well as the former Prime Minister for offenses committed during or on the occasion of the exercise of his functions. . It highlights the principle of crystallization, according to which the judge at the time of the facts is competent at the time of the proceedings. He thus criticizes the first judgment of the Constitutional Court, stressing that the members of the Court behaved more like constitutionalists than criminal lawyers.
Reversal of jurisprudence and retroactive effect:
Luzolo Bambi Lessa also points out that a court can reverse its case law, and in the event of a reversal, this can have a retroactive effect. He recalls that the principle of crystallization is a secular case law in the Democratic Republic of Congo and that this case highlights the need to respect the principle of the natural judge for all citizens.
Background of the case:
The case of the Bukangalonzo agro-industrial park concerns the alleged embezzlement of more than 250 million USD as part of a compensation project for former owners expropriated during Zairianization. Augustin Matata Ponyo, then Prime Minister, would have been involved in the payments of large sums without the beneficiaries being able to be identified. The investigations carried out revealed significant irregularities and suspicions of embezzlement.
Conclusion :
The Bukangalonzo agro-industrial park affair continues to make headlines in the Democratic Republic of Congo. The legal debates around the competence of the Constitutional Court and the respect of the principle of crystallization feed the discussions. The former member of the Constitutional Court, Luzolo Bambi Lessa, defends the idea that the Court remains competent to try former Prime Ministers. As the case unfolds, it will be necessary to await future developments in order to know the outcome of this affair which is arousing so much interest