The office of the governor of the city of Kinshasa, Gentiny Ngobila, reacted strongly to the decision of the provincial assembly to lift its immunities. In an official document, the governor’s office questions the legality of this decision, pointing out several facts that make it illegal.
First of all, Gentiny Ngobila’s cabinet emphasizes that the provincial assembly which sat to decide on the lifting of immunities had already been disavowed by the plenary for embezzlement of public funds. In addition, the former president of the provincial assembly, Godé Mpoyi, had been indicted in court, thus calling into question the legitimacy of the assembly office.
The governor’s office also recalls that a measure to suspend all activities had been taken by the Deputy Prime Minister of the Interior, both inside and outside the provincial assembly. This measure having never been lifted to date, the cabinet considers that it is illegal for the assembly to take decisions.
In addition, the internal regulations of the provincial assembly of Kinshasa are considered non-compliant with the country’s Constitution, because they have never been published in the official journal of the Democratic Republic of Congo. This means that all acts carried out by the office of the assembly with reference to this regulation are considered illegal.
Furthermore, the governor’s office highlights a violation of the right to defense, which is a constitutionally guaranteed right. According to their argument, in the event of a request for authorization to prosecute, the office of the provincial assembly must inform the person concerned and invite them to present their defenses in plenary. This procedure was not respected in the case of Gentiny Ngobila.
Finally, the governor’s office affirms that the provincial deputies are deemed to have resigned, because they are at the end of their mandate. According to them, this calls into question the legitimacy of their decision to lift the governor’s immunities.
This document from Gentiny Ngobila’s office highlights the legal arguments questioning the legality of the provincial assembly’s decision. It is now up to the competent institutions to decide this matter and determine whether the lifting of the governor’s immunities is indeed legal or not. In the meantime, the governor of Kinshasa remains in the spotlight and the outcome of this affair arouses strong reactions among the Congolese population.