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Canada DRC: the Constitutional Court rules in favor of Albert Yuma at the head of the employers

01:15  17 january  2021
01:15  17 january  2021 Source:   rfi.fr

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Albert Yuma Mulimbi (born July 30, 1955) is a Congolese businessman, economist and chairman at the Congolese state-owned mining company Gecamines. An International Labour Organization dignitary, he is the chairman of the Congolese Employers Federation

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Albert Yuma avait été réélu président de la Fédération des entreprises du Congo en novembre mais son élection a été contesté devant le Conseil d'Etat. © AFP - JACQUES DEMARTHON Albert Yuma was reelected president of the Federation of Congo companies in November but his election was contested before the Board of state.

Albert Yuma, close to Joseph Kabila and chairman of the board of Gécamines, has headed the Federation of Congo Businesses (FEC) since 2004. He was re-elected at the end of November, but the election was contested in the Council of State by Dieudonné Kasembo, who was also declared to him the new boss of the bosses after an equally contested second election. However, the Constitutional Court has just ruled in favor of Albert Yuma. Who will remain president of the FEC?

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The head of the Constitutional Court is Chief Justice Mogoeng Mogoeng Circut Courts are also part of the High Court . They sit at least twice a year, moving around to serve more rural areas. The Labour Courts adjudicates matters relating to labour disputes between an employer and employee.

He shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason

For the lawyer of Albert Yuma and the board of directors of the Federation of enterprises of Congo, the Constitutional Court closes the debate and its judgment should sanction 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. This is why he promises to fight in other jurisdictions.

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This is interesting!