Kinshasa: The president of the Constitutional Court, Dieudonn© Kamuleta, has urged the President of the National Assembly, Vital Kamerhe, to adhere to Article 151 of the Constitution. In a correspondence addressed to Kamerhe, Kamuleta emphasized that this provision mandates the courts to deliberate freely on the cases presented before them, without any interference or hindrance.

According to Radio Okapi, the president of the Constitutional Court clarified in his letter that the ongoing procedure has moved beyond the pre-jurisdictional phase, making it impossible at this stage to discuss the issue of prosecutorial authorization or the lifting of immunities. Kamuleta noted that Article 151 is applicable when a deputy has committed an offense and the public prosecutor intends to initiate legal proceedings or carry out an arrest.

Regarding Matata Ponyo, this is no longer applicable as he has already been brought before a trial court and the prosecution has relinquished the case following a request for a hearing. “We are currently in a jurisdictional phase and not in the prosecution phase,” Kamuleta explained in the document.

The Court, having already taken the case under deliberation, must now address all procedural and substantive questions raised in this instance.

Recently, Kamerhe had criticized the Constitutional Court for violating the law in the trial against Deputy Matata Ponyo without lifting his parliamentary immunity. The President of the National Assembly demanded that the Court follow legal procedures by officially requesting the lifting of immunities from the Assembly for the Kindu representative, who is facing charges, including embezzlement related to the Bukanga-Lonzo agro-industrial park affair.

In this case, the public prosecutor had sought a 20-year prison sentence for Matata Ponyo, along with a 10-year disqualification from holding public office.