Council of State Clears Accused Gécamines Officials
An interim order issued on December 14, 2023, by the Council of State has dismissed the first president of the Court of Auditors, scrapping the illicit measures imposed on October 23, 2023, against four individuals, including Albert Yuma Mulimbi, Deogratias Mutombo Mwana Nyembo, Jacques Kamenga, and Fredy Muganza, regarding an alleged embezzlement of over 25 million US dollars from Gécamines.
The prohibitions preventing these personalities from leaving the country and freezing their bank accounts were immediately annulled by the Council of State’s Litigation Section.
The order was issued by the chamber of the Council sitting in interim relief, under the guidance of interim judge Advisor Bienvenu Wane Bameme.
This decision resulted in the suspension of the unauthorized measures taken by the first president of the Court of Auditors, as the Council of State found these actions to overstep the legal boundaries recognized by the law.
The judge’s order emphasized that the Court of Auditors should only propose suggestions or recommendations to the hierarchical or supervisory authorities, leaving the actual decision-making to these authorities.
It clarified that only the designated authority has the mandate to enact appropriate precautionary measures, not the first president of the Court of Auditors.
The Council of State’s ruling was based on a request submitted by the affected individuals on December 7, 2023.
The Court of Auditors’ first president had accused these high-ranking officials of grave mismanagement errors at the Central Bank of Congo (BCC) and Gécamines, resulting in the alleged misappropriation.
These accusations led to restrictions on their movement and freezing of their accounts, measures that have now been nullified by the Council of State’s order on December 14, 2023.
