DRC: the Constitutional Court rules in favor of Albert Yuma at the head of the employers
Albert Yuma was re-elected president of the Congo Business Federation in November but his election was contested before the Council of State.
AFP - JACQUES DEMARTHON
Text by: RFI Follow
Albert Yuma, close to Joseph Kabila and chairman of the board of directors of Gécamines, has headed the Congo Business Federation (FEC) since 2004.
He was reelected at the end of November, but this election had been contested before the Council of State by Dieudonné Kasembo, who was also declared to him the new boss of the bosses after a second election which was just as contested.
However, the Constitutional Court has just ruled in favor of Albert Yuma.
Who will remain president of the FEC?
For the lawyer of Albert Yuma and of the board of directors of the Federation of enterprises of Congo, the Constitutional Court closes the debate and its judgment should consecrate the election of the latter.
According to this decision, only the Tribunal de grande instance of Gombe is competent to settle the dispute between Albert Yuma and his rival Dieudonné Kasembo.
However, the TGI of Gombe had already decided, as a precaution, to suspend the election of Kasembo.
To comfort Albert Yuma in his chair, it would therefore be sufficient for the TGI, according to his lawyer, to set the hearing on the merits and to endorse, a formality, the judgment of the Constitutional Court which is not subject to any appeal. .
What happened is lamentable,
" deplores one of Dieudonné Kasembo's lawyers.
The defense of the other president of the FEC disputes everything in this judgment: the premature nature of the decision when other courts such as the court of cassation have not ruled, that there is still an ongoing conflict with the Council of State that had to be arbitrated, but above all, the substance.
According to Dieudonné Kasembo's lawyer, the Constitutional Court was based on a law dating from 2001 (that on non-profit organizations), forgetting the Constitution and all the laws adopted since.
Reason why he promises to fight in other jurisdictions.
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