In a landmark decision, the court ruled that parliamentary immunity does not shield individuals from prosecution if proceedings were initiated prior to their assumption of office. The court stated unequivocally:
“Immunity protects the function, not the individual.”
Augustin Matata Ponyo, who served as Prime Minister from 2012 to 2016 under President Joseph Kabila, was elected senator in 2019. He is accused of misappropriating over $200 million USD in public funds, primarily linked to the failed Bukanga Lonzo project, a large-scale agricultural initiative intended to boost food security and reduce imports. The project has since collapsed, and numerous irregularities have been identified by state auditors and independent investigations.
According to the prosecution, the funds were siphoned through a network of shell companies and irregular contracts during Matata Ponyo’s tenure as Prime Minister.
Matata Ponyo has consistently argued that as a sitting senator, he is protected by parliamentary immunity. However, the Constitutional Court emphasized that criminal proceedings against him were initiated before his election, making immunity inapplicable in this case. The court affirmed that the principle of non-retroactivity of immunity is essential to prevent public office from becoming a sanctuary for impunity.
“A public mandate should not serve as a shield against judicial scrutiny when the alleged misconduct occurred prior to the mandate,” said one of the presiding judges.
In addition to denying the immunity claim, the court dismissed all other procedural objections raised by the defense, including:
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Alleged violations of due process,
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Claims of political persecution,
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Challenges to the jurisdiction of the court.
The Constitutional Court reaffirmed its jurisdiction to try former Prime Ministers and other high-ranking officials in such cases, and ordered that the criminal proceedings against Matata Ponyo proceed without delay.
This ruling is considered a significant step for judicial independence in the DRC, where high-ranking officials have historically avoided prosecution. The decision sets a precedent that elected office does not grant retroactive immunity and could open the door for further prosecutions of public officials accused of financial crimes.
The case will now move forward to full trial, during which evidence will be presented, and witnesses—including former government officials and international partners—may be called to testify. The prosecution is reportedly preparing to present a detailed financial trail that tracks misappropriated funds through domestic and offshore accounts.
Meanwhile, Matata Ponyo maintains his innocence, claiming the charges are politically motivated and intended to sideline him from future presidential ambitions. His legal team is expected to file further appeals, possibly to international bodies.
This case remains a closely watched test of accountability and rule of law in the DRC.
