DRC: Constitutional Court sentences Matata Ponyo

Former Prime Minister Augustin Matata Ponyo was sentenced on Tuesday to 10 years’ hard labor, 5 years’ ineligibility and immediate arrest by the Constitutional Court, which sits in first and last instance.

The Congolese High Court also ordered the seizure of his assets. He was found guilty of embezzling 156,849,413 US dollars. His two co-defendants, the former governor of the Central Bank of Congo (BCC), Deogratias Mutombo, and the head of the South African company Africom, Christo Grobler Stéphanus, were each sentenced to five years’ imprisonment


Bukanga Lonzo: the so-called “revolutionary” park in Matata:

With technical and financial support from the World Bank, the Congolese government opted in 2013-2014 to promote agro-industry or industrial agriculture through the implementation of twenty agro-industrial parks. Within this framework, the Bukanga-Lonzo park, in the Kwango province not far from Kinshasa, was to serve as a pilot project.

The Bukanga Lonzo Agro-Industrial Park project straddles two provinces, Kwango and Kwilu, and covers two territories: Kenge and Bagata. The site identified for straddles the sectors of Bukanga-lonzo and Wamba and covers an area of around 80,000 ha. Initiated in 2014, this Bukanga-Lonzo project was completely halted in 2018 by the Congolese government because it was becoming a money pit. This is the project that will stick to Matata Ponyo’s skin, the man known as the “rigorous man in the red tie” will then be called “the man who planted corn in Bandundu and harvested a university in Kindu”.


Embezzlement of public funds:

First of all, the embezzlement of over $156 million, in conjunction with Christo Grobler Stéphanus. Of the $279 million disbursed by the Public Treasury, only $34 million was actually allocated to the activities of the Bukanga-Lonzo agro-industrial park”, says the Constitutional Court.

Then, with Deogratias Mutombo, the misappropriation of $89 million that had been allocated to the construction of the Kinshasa International Market, attached to the Bukanga Lonzo project. The Constitutional Court also ordered the confiscation of their assets in proportion to the sums embezzled.

Between a political trial and untouchable politicians:

Matata Ponyo also denounced a violation of his parliamentary immunity, as he has been a member of the National Assembly since the 2023 elections. In response, the Court argued that his immunity as a senator had been lifted before the last legislative elections.

“The jurist will always wonder how a National Deputy is not judged by his natural judge and how a former Prime Minister is judged by his natural judge, but without a double authorization of prosecution and impeachment from Congress” says Ngondankoy Paul-gaspard, Professor of Public Law at the University of Kinshasa National Deputy Judge at the Council of State.

https://x.com/NgondankoyG/status/1924863140606431576?t=czes-q_AWLTmrHt5QyRTaQ&s=19

While some people see this as a case of vindictiveness, others point to the financial delinquency of Congo’s politicians.

“The Bukanga Lonzo project is just the tip of the iceberg of systemic corruption, facilitated by poor governance in the DRC; a phenomenon that has continued to take on stratospheric proportions, particularly since the current administration came to power,” says Christian Magabo, a political analyst. “Immunities protect people who are accountable to the nation for their management of the country. It’s out of the question for politicians to continue to use this to escape justice. But everyone has to answer, including those from the ruling party,” says a journalist in Kinshasa, speaking on condition of anonymity.

Written by Akilimali Chomachoma