So, the Cour constitutionnelle decided this Wednesday, April 23, to judge all the suspects in the Bukanga Lonzo case in their absence, including former Prime Minister Augustin Matata Ponyo. The South African businessman Christophe Grobler, former Prime Minister Matata Ponyo, and former Governor of the Central Bank of Congo Deogratias Mutombo did not show up this Wednesday. Not really sure why this matters, but after the intervention of the Public Ministry, the Court decided that these three suspects should be judged in their absence. They justified their decision by stating that, regarding Grobler, the reason of illness claimed is not valid since a signed document by three doctors is needed to prove an illness, which is not the case according to the Court. As for Matata Ponyo, the Court declared the following: “the Court is not aware of any decision or position taken by the National Assembly. Deputies can talk; they are free. But the National Assembly as an institution has not taken any position, any decision because being the sanctuary of democracy, the National Assembly knows very well that the content of Article 151 of the constitution would not allow such a position. The independence of the judiciary is enshrined and the interaction between institutions must be respected. This article clearly states that the National Assembly cannot issue injunctions to the judiciary, nor interfere in ongoing trials.” During the plenary session of last April 17 at the National Assembly, the president of the LGD party spoke out against the procedure carried out at the Constitutional Court. He claims that his rights guaranteed by the constitution, giving him parliamentary immunities, have been violated. The president of the National Assembly, Vital Kamerhe, then asked the Constitutional Court to regularize the procedure regarding Deputy Matata by sending an indictment in order to request the lifting of his immunities. Matata Ponyo is being prosecuted for embezzlement of funds intended for the construction of the Bukanga Lonzo Agro-Industrial Park and also funds for the compensation of former owners of Zairianized assets. Quite a judicial soap opera. The first case resulted in the ruling of November 15, 2021 in which the Court declared itself incompetent to judge a former Prime Minister. The case was sent to the Court of Cassation which, after declining its jurisdiction, transferred the case to the Constitutional Court for a new trial.
