The appeal hearing will begin on the 7 December 2015 at the tribunal of Kipushi, in the province of Haut-Katanga, in the case Public ministry, Mamadou Mbolela and others vs. Mawazo and others, the Companie Minière du Sud Katanga ( CMSK) and the DRC recorded RPA 2258. Afrewatch requests the judges to be independent while examining the matters.
As a reminder, on the 24 and 25 November 2009, the Congolese National Police, with the logistics support of CMSK, expulsed the populations of Kawama (living in the localities of Lukuni-Gare, Bikwano and Sampasa), by demolishing their properties. During these operations between 387 and 421 were destroyed including household furniture; and many casualties were identified.
Following this humanitarian crisis, a legal case was filed at the high court of Lubumbashi which, unfortunately, will remain unexamined due to political pressures2 despite the victims’ efforts.
It is only on the 11 Novembre 2014, following several discussions between NGOs and the Ministry of Justice that the high court, through its notification n°3355/RMP.1160/PG.025/NMM/IMA/2014, transferred the matter to the attention of the tribunal of Kipushi where it will be recorded as RP0103. In its accusation, the high court prosecute Mr Kalunga Mawazo, Mr Nawezi Luzambo Georges, Mr Nkulu Kitwa, Mr Monga Kayela and Mr Kapinga Mudiayi for demolishing houses, crops, farms equipments etc. As police officers and CMSK are among the accused, the tribunal takes legal action against the DRC and CMSK as subject to civil liability as well.
On the 23 April 2015, during the 4th hearing, the advocates of the accused and the DRC declared that the limitation period during which the allegations and facts occurred has expired since the