New twist in the Matata Ponyo trial: the Constitutional Court at the heart of the case

Kinshasa press review of Friday August 18, 2023

In the newspapers published this Friday in Kinshasa, a major subject made the front page: the new twist in the Matata Ponyo trial before the Constitutional Court. Various media have covered this affair and provided interesting analyses.

EcoNews reports that a “law enforcement” hearing is scheduled for Monday August 21 before the Constitutional Court. This time it is not the Bukanga-Lonzo case, but the “Kinshasa International Market” case, in which former Prime Minister Matata Ponyo, the former Governor of the Bank Centrale du Congo Déogratias Mutombo Mwana Nyembo, and the South African Christo Grobler, managing director of Africom. According to EcoNews, this marks a new twist in this case, thus showing the involvement of the Constitutional Court in the fight against impunity and the defense of the equality of citizens before the law.

In a column published in L’Avenir, Professor Blaise Eca Wa Lwenga supports the lawsuits against Matata Ponyo before the Constitutional Court. According to him, the Court is not bound by the authority of res judicata of its own judgments, which allows retroactive reversals of case law. He affirms that despite the controversies surrounding the reversal of jurisprudence operated by the Constitutional Court, the rule of law is preserved, and the fight against impunity is guaranteed.

Forum des As specifies that this summons before the Constitutional Court removes any doubt about the appearance of Matata Ponyo and others in this case. The Constitutional Court’s reversal of case law has been the subject of debate, but it confirms that the Court has jurisdiction to try these defendants in the Bukanga Lonzo agro-industrial park case.

La Prospérité also quotes Professor Blaise Eca Wa Lwenga, who says that the right of public action has not been exhausted in this case, as there has not yet been a final decision of acquittal or conviction. According to him, a decision of lack of jurisdiction does not mean that the right of public action has been exhausted, and the public prosecutor can therefore continue the proceedings before the competent court. The judgment rendered by the Constitutional Court in November 2022 determined the natural judge of Matata Ponyo as a former Prime Minister, and therefore his function at the time of the facts.

In parallel with this affair, the newspaper Le Potentiel mentions the passing of the torch between Félix Tshisekedi and his Angolan counterpart Joao during the SADC (Southern African Development Community) Summit in Luanda. The Congolese President concluded his term as current President of SADC and took stock of his actions. This passing of the torch marks the end of his role as president in office within this regional organization..

These various articles make it possible to keep informed of the news and the latest developments in the Matata Ponyo trial before the Constitutional Court

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