Matata Ponyo Ponyo case: Legal issues and controversies in the Democratic Republic of Congo
The case of Matata Ponyo Ponyo, former Prime Minister of the Democratic Republic of Congo, continues to cause much ink to flow. Accused of alleged embezzlement of 280 million dollars linked to the Agro-industrial park of Bukanga Lonzo, Matata Ponyo Ponyo is today at the heart of a legal battle before the Constitutional Court.
The debates surrounding this case are numerous and fuel discussions within legal circles. Following the differences of opinion of the members of the Constitutional Court, Professor Luzolo Bambi Lessa, former member of the Constitutional Court, expresses his conviction that the Constitutional Court is competent to judge a Prime Minister, whether in office or former , for offenses committed during or in connection with the performance of his duties.
According to Professor Luzolo Bambi Lessa, the first judgment of the Constitutional Court failed to respect the principle of crystallization, which stipulates that the competent judge for the prosecution is the one in office at the time of the facts. Members of the Constitutional Court took a more constitutionalist than criminalist approach when sitting as criminal judges.
Professor Luzolo Bambi Lessa also points out that this first judgment violated the principle that every Congolese has the right to a natural judge, in order to fight against impunity and the republic of the untouchables.
It is important to note that courts can reverse their case law, and when this happens it has retroactive effect. Professor Luzolo Bambi Lessa recalls that the principle of crystallization has dominated Congolese judicial practice for more than a century, since the adoption of the first code of criminal procedure in 1923.
The Matata Ponyo Ponyo case therefore highlights the legal issues and controversies surrounding the Congolese judicial system. Between respect for fundamental legal principles, the fight against corruption and the search for zero impunity, this case continues to spark heated debates within Congolese society.
We will therefore have to wait for the epilogue of this affair to finally know the truth and do justice to the parties concerned. In the meantime, the Democratic Republic of the Congo continues to face many challenges, including that of consolidating its judicial system and guaranteeing equality before the law for all its citizens