Mutamba’s Defense Challenges Trial Procedure and Raises Rights Concerns Before Court

Kinshasa, July 14, 2026 - The trial involving former Justice Minister Constant Mutamba opened before the Court of Cassation in Kinshasa, with his defense immediately challenging what it described as several procedural irregularities and violations of defense rights. The first hearing, held on Monday, July 13, concerns Constant Mutamba and Chancard Bolukola, former interim coordinating director of the Fund for the Reparation and Compensation of Victims of Illegal Activities in Uganda (FRIVAO), who is currently detained at Makala Central Prison and facing separate proceedings before the Kinshasa/Gombe Court of Appeal. According to the prosecution, the two defendants are considered accomplices in a case involving alleged irregularities in the management of FRIVAO funds. The charges focus notably on several financial operations, including a payment of $14.3 million to Congo Energy linked to a contested public contract. Other transactions cited by prosecutors include $4 million allocated to the Congolese Institute for Nature Conservation (ICCN), $200,000 transferred to the Tshopo Provincial Assembly, more than $1 million paid to Divo SARL for documentary production, and over $700,000 directed to Tropic Architecture. Following the hearing, lawyer Emiphe Munganga, representing Constant Mutamba, criticized the conduct of the proceedings and accused the judicial process of failing to fully respect the rights of the defense. The lawyer claimed that several attorneys were initially prevented from entering the courthouse, arguing that this situation affected the proper preparation and participation of the defense team from the beginning of the hearing. He also stated that the defense had raised several preliminary objections, including concerns over the notification process, but that these arguments were not taken into consideration by the Court. According to Munganga, Constant Mutamba was never formally summoned by the prosecution before the case reached the Court of Cassation and only became aware of the proceedings through public information circulating on social media. The defense further contested the investigation process, arguing that the former minister had not been questioned by prosecutors despite legal requirements that a defendant be heard before proceedings advance. Another objection raised concerned the participation of a civil party before the Court of Cassation. The defense argued that legal provisions governing the high court do not allow such participation and said the issue was not sufficiently addressed during the hearing. While refusing to comment on the substance of the accusations, the lawyer emphasized that his criticism focused exclusively on procedural matters and the need to ensure a fair judicial process. The Court adjourned the case for two weeks. The defense expressed concern that this timeframe would not allow sufficient preparation, given the volume of documents involved in the proceedings. According to Munganga, the case files from both the Court of Cassation and the Court of Appeal contain thousands of documents, potentially exceeding 5,000 pages. The defense had requested a one-month delay to study the files but said the request was rejected. Despite these concerns, the defense indicated that it would continue participating in the proceedings while awaiting future developments. The current case comes after Constant Mutamba was previously convicted by the Court of Cassation in September 2025 in a separate case involving funds intended for the construction of a prison facility in Kisangani. He was sentenced to three years of hard labor and received a five-year ban from holding public office. During that previous trial, prosecutors had requested a heavier sentence, including ten years of hard labor and additional restrictions on political rights. The former minister has continued to contest aspects of the judicial process surrounding the cases against him.