Opposition leaders in the Democratic Republic of Congo have asked Constitutional Court judges to vacate their positions for making premature comments on the conspiracy surrounding the assassination of Ensemble pour la République spokesperson Chérubin Okende.
Ensemble president Moise Katumbi and his counterparts Augustin Matata Mapon and Delly Sesanga have written a scathing letter which demonstrates that the judges have brought the name of their offices into total disrepute and public odium.
“We note with regret that you granted media interviews on the heinous assassination of the Honorable Chérubin OKENDE with the aim, you claim, to enlighten public opinion on this crime.
“It is important to remind you that as judges of the Constitutional Court, you are bound by the general obligation of discretion, dignity and loyalty to the State, in accordance with Article 29 of Organic Law No. 13/026 of October 15 2013 on the organization and functioning of the Constitutional Court. The law prohibits you, during your duties, from taking public position or give consultation on issues that have or are likely to be the subject of a decision by the Court. Failing this, on the basis of article 30 of the organic law,
it has committed a disciplinary fault sanctioned in accordance with the provisions of the Staff Regulations members of the Court.
“Unfortunately and as surprising as it may appear, you spoke out publicly through the press on the subject of the assassination of the honorable Chérubin and you express yourself as if to exculpate yourself by exonerating yourself from any responsibility in what happened as it appears in particular in your call for
witnesses relayed by radio okapi te 07/13/2023 (cf. Radio okapi.net 2023/07/13).
“However, you remain unaware that until an independent investigation can establish the truth, it is reported that the abduction of the Honorable Cherubin was killed in the very precincts of the Court when he was returned following your invitation. It is from there that he would have given SCS the latest news to his family and loved ones.
“This is therefore the starting point of this crime. In the case of the Honorable Cherubin, you should put at the disposal of justice to enlighten it rather than spreading yourself in the media.
“Therefore, on the basis of articles 22, 23 and 24 of side 1 Ordinance No. 16-070 of August 22, 2016 laying down provisions relating to the special status of
members of the said Court, because of breaches of your duty of reserve as well as restraint and the legitimate suspicion on the circumstances of this invitation and this stubbornness, the only plausible option is your resignation from the Court.
“For these reasons, we request by this missive the deposit simply of your resignation in order to help justice at the end of an independent investigation to establish in serenity and independence the responsibilities of each other,” they state.
The trio assert that their request is in the interest of serving justice.
