Manichean Yarn: Cabinet submits declarations of assets as National Assembly nips in the bud proposed committee to investigate holdings of former ministers

On Wednesday, May 23, a Manichean yarn unfolded in two institutions in

Kinshasa: the Supreme Court of Justice and the National Assembly.





With much fanfare, Prime Minister Augustin Matata Ponyo and his full

cabinet went to the Supreme Court of Justice (CSJ in acronym)--still

standing for the yet to be set up Constitutional Court whose

juridiction is over such matters--to submit sealed envelopes

containing details of their assets and holdings.





This, in compliance with Article 99 of the Constitution of the DRC,

which stipulates that the Head of State and members of government,

within 30 days of taking their oaths of office, have to "submit to the

Constitutional Court a written declaration" of their assets (including

those of their spouses and dependents); failing which, they'd be

"deemed to have resigned from office."





But nowhere in Article 99 is it stipulated that these declarations of

assets have to be published and put on public records.





The CSJ has therefore so far kept to a close reading of Article 99,

interpreting it as a submission in sealed envelopes of the list of

assets of the President and cabinet ministers.





In other words, barring some "Act of God," no citizen or journalist

ever stands a chance of knowing the extent of the assets of cabinet

ministers, let alone those of the Prez.





An intolerable situation that MLC MP Fidèle Babala had vowed to

correct--especially in light of accusations of massive theft hanging

over former PM Adolphe Muzito--by suggesting, at the plenary session

of May 16, the creation of a commission to investigate the assets of

former ministers.





A motion that was nipped in the bud by the majority in the plenary

session of Wednesday, May 23.





Just like the CSJ, the majority argued that the ministers'

declarations of assets are so to speak constitutionally wrought in

secrecy. A false interpretation of the Constitution, as it were.





In any case, Speaker Aubin Minaku advised MP Babala to turn his

request into an oral or written motion to be submitted to the internal

revenue directorate, to whom after all the CSJ sends those sealed

envelopes for safekeeping.





MP Babala is however determined to continue his crusade, promising

he'd soon submit an "oral question with debate to fiscal authorities."