the “resignation” of the president acted by his replacement – La Libre Afrique


By Marie-France Cros.

The saga of the Constitutional Court continues in Kinshasa. The minutes confirming the resignation of the president of this institution, Benoît Lwamba, announced and then denied by the interested party, was sent Monday by his acting replacement, judge Evariste-Prince Funga Molima Mwata.

Let us recall the facts: in late June or early July, a letter of resignation for “personal convenience”, dated June 27 and from Kinshasa, signed by the President of the Constitutional Court, Benoît Lwamba Bindu, reached his institution. However, Mr. Lwamba, who is in Belgium for medical care, denied on July 10 the veracity of this letter, which has been circulating on social networks for a few days. In addition, a press release from his chief of staff reminds that the mandate of judge Lwamba runs until April 2021.

Sunday, July 12, a descent of the ANR (National Intelligence Agency) – which depends on the Presidency of the Republic – takes place in the premises of the Constitutional Court, causing some damage (see video). A few hours later, the lawyer Theodore Ngoy Ilunga Wa Nsenga, who presented himself as the “usual counsel” of Benoît Lwamba, called, in a public note, President Felix Tshisekedi, “supreme magistrate”, to “ensure respect for Right wing state “.

Tamper-proof premises

Me Ngoy recalls that the premises of the Constitutional Court are, by law, “inviolable”, just like its “documents and archives”. He adds that the chief of staff of Judge Lwamba and his acting replacement were invited by the ANR agents to appear “at the latter’s offices”, that is Benoît Lwamba, “without clear and valid reasons”. And the lawyer pointed out that his client having denied his resignation, “he should be suspended from any procedure tending to his possible replacement before the end of his mandate, until the end of his care and on his return to his homeland” .

Monday, the acting replacement, judge Evariste-Prince Funga Molima Mwata, sent a letter to the Head of State to send him “the minutes by which the members of the Constitutional Court, gathered in plenary assembly on July 10, 2020 , we took note of the resignation “of their president. Or the same day that Mr. Lwamba denied having resigned.

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