The latest news around Senator Matata Ponyo has provoked strong reactions from his chief lawyer, Me Raphaël Nyabirungu. The latter spoke at a press briefing to challenge the warrant to appear sent to his client by the Attorney General at the Constitutional Court. According to him, this mandate is illegal and does not take into account the constitutional rules in force.
Matata Ponyo’s lawyer began by recalling the statements of the President of the Republic, Félix Tshisekedi, who himself acknowledged the failure of justice in a recent interview. According to Me Nyabirungu, the Constitution provides for three hypotheses concerning Matata Ponyo: either he is prosecuted as incumbent prime minister, or as a former prime minister, or as a senator.
For the lawyer, the warrant to appear issued by the General Prosecutor’s Office at the Constitutional Court is a decision to prosecute a prime minister, which would require a two-thirds majority of the members of parliament to be valid, which which was not respected. Moreover, if Matata Ponyo was prosecuted as a former prime minister, the Constitution does not provide for this scenario.
Me Nyabirungu also affirms that the natural judge of his client as a senator would be the Court of Cassation, which has already declared itself incompetent in the Bukanga Lonzo case. He emphasizes that the Bukanga Lonzo affair is over, and that no rule of law allows it to be relaunched by calling into question the authority of res judicata.
In summary, Matata Ponyo’s lawyer disputes the summons issued against his client, claiming that it is illegal and in violation of the Constitution and the jurisprudence of the Constitutional Court. He also believes that the Bukanga Lonzo case is closed and cannot be revived