DR Congo’s top court declares itself 'incompetent' to try ex-premier

By James Tasamba

KIGALI, Rwanda (AA) - The Democratic Republic of Congo’s highest court ruled Monday that it is not competent try former Prime Minister Matata Ponyo Mapon over the alleged misappropriation of more than $200 million in government funds meant for an agro-industrial project.

The trial of Matata, who served as prime minister under former President Joseph Kabila, opened in October at the Constitutional Court over the alleged misappropriation of $205 million in funds for the Bukanga Lonzo agro-industrial park, located 250 kilometers (155 miles) southeast of the capital Kinshasa.

Matata, who denies the allegations, is accused along with Patrice Kitebi, then deputy minister of finance, and Christo Grobler, the head of the South African company AFRICOM, which was carrying out the work.

Ruling on the objection raised by the defendant’s lawyers, the Constitutional Court said that while it has the competence to try the president and prime minister for offences committed in the exercise of their duties and even outside it, “it is not within its jurisdiction to try the former prime minister.”

The court’s mandate ends with the terms of office of the president and prime minister, henceforth the two can be tried in the ordinary courts, the court said.

Matata’s co-defendants also do not fall within the court’s jurisdiction.

The ruling puts an end to the case, but the prosecution could pursue it before another court.

The trial followed a report by the General Inspectorate of Finance (IGF) published in 2020 which indicated that $205 million was misappropriated out of $285 million.

Matata was cited as the “intellectual author” of the crime.

He was accused of sanctioning the payment of more than $110 million to fictitious creditors.

The prosecution alleges that by creating the pilot park, Matata “distorted everything from the start and flouted the law on procurement, opting for the private contract procedure.”

"Most of the expenses were made under emergency procedure. The amounts disbursed were sent to South Africa on behalf of the chosen AFRICOM without compliance with the law in the matter,” the prosecution had said at the opening of the trial.

Matata served as finance minister and then prime minister in the Kabila government from 2010 until 2016.