Title: Luzolo Bambi Lessa: A Critical Look at the Matata Ponyo Affair
Introduction :
The Matata Ponyo Ponyo case continues to make a lot of ink flow and spark heated debates. At the heart of this affair, the former Prime Minister is accused of having embezzled 280 million dollars within the framework of the Agro-industrial park of Bukanga Lonzo. While various decisions of the Constitutional Court have been rendered, Professor Luzolo Bambi Lessa, a former member of this institution, brings a critical look at this case and the legal interpretation that resulted from it.
A fundamental principle of unrecognized criminal law:
According to Professor Luzolo Bambi Lessa, one of the fundamental principles of criminal law, that of crystallization, has been disregarded in the decisions of the Constitutional Court. This principle stipulates that the competent judge at the time of the facts is the one who should judge the proceedings. The members of the Constitutional Court, he said, behaved more like constitutionalists than criminalists when they sat as judges in this case. This misinterpretation caused a series of controversies and legal back and forths, leading to an impasse.
The right to a natural judge for all:
Professor Luzolo Bambi Lessa also raises the principle that each Congolese, whoever he is, has the right to his natural judge. This idea aims to fight against the idea of a republic of the untouchables where some would be above the law. He recalls that case law allows a court to reconsider its previous decisions, and when there is a reversal of case law, this has a retroactive effect.
The principle of crystallization for a century of Congolese judicial practice:
Professor Luzolo Bambi Lessa has emphasized the importance of the principle of crystallization in Congolese judicial practice for over a century. Since the creation of the first code of criminal procedure in 1923, this principle has been anchored in case law and has guided judicial decisions. It highlights the need to respect this principle in order to ensure fair justice and guarantee the right to a fair trial for all citizens.
Conclusion :
The Matata Ponyo Ponyo case continues to fuel debate and raise questions about the legal interpretation that has been made of it. Professor Luzolo Bambi Lessa raises constructive criticisms of the decisions of the Constitutional Court and highlights the importance of respecting the fundamental principles of criminal law, such as that of crystallization. These issues raised by Professor Bambi Lessa are key to ensuring fair justice and building citizens’ trust in the Congolese justice system