“Gertler caused the DRC to lose 2 billion USD, charges dropped without explaining what was recovered”

On Thursday, February 24, the government signed an amicable memorandum of understanding with the Ventura group of Israeli businessman Dan Gertler. This expectation puts an end to the legal dispute between the two parties and allows the Congolese State to recover disputed mining and oil assets linked to Dan Gertler. The Congolese presidency is delighted and speaks of a historic first for the country: “The Congolese State will therefore revalue these assets for the exclusive benefit of the population according to the vision of the Head of State”, says the cabinet of Félix Tshisekedi.

However, for civil society, this is not all. “The recovery of the few secretive assets in no way erases past crimes or the corruption of our leaders. Time doing its job, justice will one day be served for the Congolese people. Publish the protocol”, asks the Coalition The Congo is not for sale (CNPAV) whose spokesperson Jean-Claude Mputu gave an interview to ACTUALITE.CD

What does this memorandum of understanding symbolize for you?

A first step in the right direction. Congolese civil society has been fighting for several years to obtain justice and reparation for the crimes of Dan Gertler without seeing the authorities get involved. For once, there is a reaction from a Congolese power to look in Dan’s business, where the old regime protected him against all odds. But this Protocol is also the symbol of all that is wrong in our country. 

That is to say?

First, the opacity. Such a text must be transparent and public, we must respect the rules and principles. The Congolese people must know what it contains and what are the respective obligations of the signatory parties. Then, the absence of justice: Gertler caused the country to lose $2 billion, but we chose to drop the charges without even explaining to the people what was recovered in exchange for what. We need excellence for this country and normality. Not nearly.

Are you satisfied with the prospect of finding an amicable settlement between the government and Dan Gertler?

 The question is not satisfaction but what does the Congo and its people gain? We are used in this country to the manipulation of politicians who present us with phony arrangements between friends as if they were significant advances when in the end the State is the last turkey of the farce as Jules Alingete has said several times of the IGF. This must stop.

The key word for you is transparency…

Discussing with Dan Gertler for an amicable arrangement cannot be done against crumbs and against the interest of Congo. Such a process must be done in a transparent manner with the involvement of various experts and civil society to assess the damage suffered and find a good arrangement for the Congolese people. Each day that the document remains secret will increase our fears that we have still not broken the cycle of retro commissions considered legal by the highest authorities of the Republic.

If the Presidency is really proud of its negotiations, if the Minister of Justice thinks that the document she has just signed really constitutes a victory for the Congolese people, there should be no obstacle to its publication.

On what areas would you like to have more explanation from the government regarding this memorandum of understanding?

Not to be long, 4 main things:

1. Publication of the memorandum of understanding and all related documents

2. The list of all assets, interests and royalties recovered from Dan Gertler’s group and the list of any compensation for past losses

3. Detailed explanations from the negotiating team to parliament and the people on (1) the choice not to involve the government in the negotiations and (2) the choice of an amicable settlement rather than the opening of legal proceedings, where several countries abroad have opened investigations against Dan Gertler for corruption in the DRC

4. The publication of a clear action plan on the fate of recovered assets to ensure that we do not fall back into the trap of a new cycle of corruption and over-the-counter deals. thank you.

What remains to be done, in your opinion?

 Unfortunately… EVERYTHING. Because the most important thing is not to recover 100 million or two oil blocks from Dan Gertler to give them to I don’t know who, where the Congo should recover billions. The most important thing is not to sign an agreement but to fight corruption effectively and put an end to impunity. Two elements that are destroying our country.

Fight against corruption and impunity? But that’s what the current government is doing, isn’t it?

Look at the history of passports with Semlex: of course, we obtained a reduction in the price of passports, but the new regime signed a new contract with the same corrupt people, without a call for tenders and without making it public. Where is the accountability? Where is the justice ? Also look at the RAM: they declare it illegal and unjust, they pretend to announce its suppression without establishing either responsibility or restitution and they want us to believe that it is a salutary decision.

These cases make me fear that we will have the same thing with Dan: apart from the poor millions that will be paid to the Treasury to silence us, we could again have hundreds of millions intended for the various Offshores and in return, Mr. Dan Gertler will quietly continue his business without being accountable to the Congolese population. He’s just going to have new partners. In short, there are never culprits in this country. With a little money you can redeem everything, including crimes against the people.

Aren’t you in a sort of trial of intent?

In the end, the only thing left for the government is to publish this memorandum of understanding for transparency and respect for the rules, in the hope that it may show that I am wrong to suspect the worst.