5 years, 5 months ago
A new twist in the case concerning the establishment and assignment of Secretaries General of Public Administration carried out on April 16, 2020, by the Minister of Public Service, Yollande Ebongo. After receiving, last Monday, the letter signed by the Deputy Director of Cabinet of the Head of State, asking him to report the Decree relating to this decision since violating certain provisions of the Constitution, the Minister of Public Service wrote , this Tuesday, April 28, 2020 to the Prime Minister, Ilunga Ilunkamba, for an update. In view of the clarifications highlighted in the letter, “I think I acted legally and regularly,” said the minister.In this correspondence, of which I’ve obtained a copy, Yollande Ebongo brings to the attention of the head of government of which she is a member, the legal, regulatory and administrative considerations that encompass this dossier.
With regard in particular to the violation of article 81, paragraph 1, point 4 of the Constitution to which the Deputy DirCab of the President of the Republic refers, “it should be recalled that the Minister of Public Service never taken an act appointing the Secretaries General, this competence being constitutionally and exclusively reserved for the sole authority of His Excellency the President of the Republic ”, we read in the letter.
The Minister of Public Service, in accordance with the Constitution, specifies rather that she proceeded to the establishment and the assignment of these high officials appointed since 2018 who had never benefited from any act of assignment.
Speaking, however, of the communiqué of the Presidency of the Republic of January 25, 2019 to which the Deputy Cabinet Director of President Tshisekedi Tshilombo alluded, the letter from Yollande Ebongo underlines that the latter was suspending the movement of personnel of the Public Administration until ‘to the installation of the new Government which, it has taken office since September 2019. Which, according to it, empties the substance of said press release.
With regard to the Ordinance proclaiming a state of health emergency, there is no provision prohibiting the assignment and installation of Secretaries General, she said.
Also, the Minister of Public Service highlights the history of the establishment of Secretaries General, since their retirement in 2017. To end the reign of temporary workers, Senior Officials having passed the promotion competition to the rank of Secretary General of Public Administration, were appointed Secretaries General in December 2018.
Recall that in a letter addressed to the Minister of Public Service, Professor Kolongele Eberande, Deputy Cabinet Director to the Head of State, Félix Tshisekedi, asked Minister Yollande Ebongo to report his Order concerning the establishment and the assignment of Secretaries General of Public Administration. According to this Dircaba, the said decree violates the Constitution and the instruction in force of Félix Tshisekedi, on prohibition to carry out the movements of the personnel of the public administration.
The appointed Secretaries General had received their notification since last Tuesday.
This case alerted several actors, fearing a “showdown” between the Presidency of the Republic and the government. For the national deputy André Claudel Lubaya, the exchanges between the Presidency of the Republic and the Minister of the Public Service concerning the Secretaries General, constitute the umpteenth irrefutable proof of the lack of cohesion and sincerity within the Government. “Not to draw the consequences of such a crisis is to remain under the illusion that everything will be better,” he said via his Twitter account on Wednesday.
Democratic Republic of Congo
MINISTRY OF PUBLIC SERVICE
The Minister
Kinshasa, APR 28, 2020
N ° 101 MIN.FP / YEB / 2020
Transmitted copy for information to:
His Excellency the President of the Republic, Head of State (With the expression of my most deferential tributes) Palace of the Nation in Kinshasa / Gombe
Mr. Director of Cabinet-Deputy from His Excellency the President of the Republic, Head of State in Kinshasa / Gombe
Mr. Secretary General of Government (All) in Kinshasa / Gombe
CONCERNED: Order No. 009 / MIN.FP / YEB / 2020 of April 16, 2020 relating to place and assignment of the Secretaries General Public Administration: Development
To His Excellency Monsieur le Premier Minister, Head of Government (With the expression of my highest consideration) Government Hotel in Kinshasa / Gombe
Excellency Prime Minister,
I was seized by the Deputy Director of Cabinet of His Excellency the President of the Republic, Head of State by his letter n ° 0536/04/2020 of April 27, 2020 relating to the establishment and assignment of Secretaries Generals of Public Administration ”.
This aforementioned was received in my cabinet on April 27, 2020 at 5:10 pm ’, one hour after the work session which gathered around Your Authority my person and that of the Deputy Director of Cabinet of the President of the Republic.
Allow me to remind Your Authority of certain obvious facts, most of which have been the subject of consultations or your guidelines.
History of the establishment of the Secretaries GeneralFollowing the vacuum created by the retirement in 2017 of the Secretaries General of Public Administration, according to Orders n ° 17/026 and 17/027 of July 10, 2017 relating respectively to retirement and admission to the emeritus Secretaries General of Public Administration and retirement of Secretaries General and admission to honorary office; the Minister of Public Service had by Order No. 018 / ME / MIN.FP / 2017 of August 15, 2017 appointed the Secretaries General on an interim basis.
To put an end to the temporary workers regime, the Minister had seized the Supreme Court of Justice, acting as a Council of State, in interpretation of Law n ° 16/013 of July 15, 2016 on the status of Career Agents of Public Services of the State, especially in its articles 6, 9 and 74 to answer the question of knowing if the contest for the promotion to a higher grade, envisaged by the Law, also concerned, the High Officials of the Public Administration.
On the strength of the judgment rendered under RI 052 of May 31, 2018, the Minister of Public Service, by his letter, n ° 1400 / MIN.FP / 2017 of December 1, 2017, invited these High Officials to the training for the competition promotion to the grade of Secretary General of Public Administration.
At the end of this competition, the Senior Officials who have satisfied were appointed to the grade of Secretary General by Orders n ° 18/143 and n ° 18 / 143b of December 27, 2018 of the President of the Republic, which were published in the Official Journal, special issue, 60th year of January 15, 2019, pp 17 to 22 as inherited from my predecessor.
Content of the correspondence from the Director of Cabinet of His Excellency the President of the Republic.
After examining the above, the following considerations, both legal, regulatory and administrative, deserve to be brought to your Authority:
Of the violation of article 81 paragraph 1 point 4 of the Constitution:
It should be recalled that the Minister of Public Service never took an act appointing the Secretaries General, this competence being constitutionally and exclusively reserved for the sole authority of His Excellency the President of the Republic. As for me, acting in accordance with the provisions of articles 93 of the Constitution, 3 of the ordinances appointing the Secretaries General as well as article 1 point 17 of the Ordinance n 20/017 of March 27, 2020 fixing the attributions of the Ministries, I I proceeded to the establishment and assignment of these senior officials appointed since 2018 who had never benefited from any act of assignment.
Article 19 of the Law on the status of Career Agents of State Public Services:
Not only does this provision give me the power to affect, but more importantly, the 2 abovementioned Orders have specified the authority empowered to execute them, the power being attribution.
Finally, article 4 of Ordinance 82-029 of March 19, 1982 relating to the administrative regulations relating to the career of the personnel of the public services of the State:
Contrary to the statements made in the letter from the Director of Cabinet
Adjunct, this article addresses the issue of admission under statute and the career management of public officials of the State, which comes under the competence of the Minister of Public Service.
From the press release of the Presidency of the Republic of January 25, 2019:
The communique to which reference is made suspended the movement of personnel of the Public Administration until the installation of the new Government. The Government of the Republic which conducts the policy of the Nation (Article 91 paragraph 2) has taken office since September 2019.
For your information, several Colleagues, Members of the Government, have adopted various sectoral arrangements by means of decrees.
In view of the above, the advent of the Government of the Republic which you are responsible for driving, empties the substance of this press release.
From the state of health emergency:
There is no provision in Order No. 20/014 of March 24, 2020 proclaiming a state of health emergency, which prohibits the assignment and appointment of Secretaries General.
From the above and unless otherwise advised by Your High Authority, I believe that I have acted legally and regularly.
Please accept, Excellency the Prime Minister, Head of Government, the expression of my highest consideration.
Yollande EBONGO BOSONGO
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The assigning Secretaries General of Public Administration
In his correspondence referenced 0536/04/2020, the Dircaba of the Head of State, Mr. Kolongele Eberande asked the Minister for the Public Service, Yollande Ebongo, to report his decree N ° 009 / MIN.FP / YER / 2020 establishing and assigning Secretaries General of Public Administration, with a view to preserving social peace in this period of health crisis. For the Director of the Office of the Head of State, this responsibility falls to the Head of State in the name of article 81 of the Constitution which speaks of appointments while the decree relates to the establishment (assignment and permutation ), these SG having already been appointed since December 2017. For the public administration bachelors who read, with the glasses of connoisseurs, the letter of Mr. Kolongele, it is quite simply a manifest deficit of information from its signatory or inspirer. They explain, in fact, that the decree of Yollande Ebongo has nothing to do with article 81 of the Constitution because its decree relates to assignments of the secretaries general already appointed in 2018 by ordinance n ° 18/143 dated December 27, 2018. Furthermore, the press release mentioned by Eberande relating to the suspension of staff movements has lapsed, according to them, since the Head of State himself made several appointments at various levels and in different sectors such as in public companies (Gécamines and SNCC), the army, the judiciary, etc.Relaying the information, the Kinshasa media have only taken up the letter from the Deputy Cabinet Director to the Head of State, Eberande Kolongele, addressed to the Minister of Public Service, Yollande Ebongo asking him to report, “on instruction of the Head of State ”, its decree of April 16, 2020 concerning the assignment of 58 Secretaries General of public administration. The Dircab of Félix Tshisekedi, Eberande Kolongele, mentions, article 81.1.4 of the Constitution which reserves the prerogative to appoint the high officials of the public administration (therefore the general secretaries) to the President of the Republic with the countersignature of the Premier Minister. He also mentioned a press release from the Presidency of the Republic suspending any movement of personnel in public institutions, which would still be in force today.
For the public administration strangers who read Mr. Kolongele’s letter with the glasses of connoisseurs, it is quite simply a manifest lack of information on the part of its signatory or inspirer. They explain, in fact, that the decree of Yollande Ebongo has nothing to do with article 81 of the Constitution because its decree relates to assignments (permutation and retention in place) of the secretaries general already appointed in 2018 by the ‘Order No. 18/143 of December 27, 2018. The applicants came from a competition organized at the time by decision of Bongongo Ikoli, then Minister of State at the time in charge of the Civil Service, by his letter “ No. 1400 / ME / MIN.FP / 2017 of December 1, 2017 concerning participation in training for the promotion competition to the grade of Secretary General for Public Administration ”.
In addition, the press release mentioned by Eberande suspending staff movements (appointment, assignment or permutation) has lapsed since the Head of State himself made, on several occasions, appointments at various levels and in different sectors such as in public companies (Gécamines and SNCC), the army, the judiciary, etc. Last February, the same head of state authorized the Minister of State for Foreign Affairs to appoint a new Secretary General, albeit on an interim basis.
In addition, the principles of governance want this kind of suspensive measures not to last forever (since February 2019) at the risk of affecting the proper functioning of the institutions.
Furthermore, in the name of the principle of interministeriality enshrined in the ordinance regulating the organization and functioning of the Government as well as the terms of collaboration between the President of the Republic and the members of the Government, including the Prime Minister, a a member of the cabinet of the President of the Republic is not entitled, even on the latter’s instruction, to address a minister directly. And in this case, it is rather up to the President of the Republic to seize the Prime Minister who is in charge of coordinating the action of the Government.
In the absence of observance of all this information and principles, the Minister of the Civil Service has every opportunity to ignore the injunction of the Dircab of the Head of State.
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ESU Minister, Thomas Luhaka Losendjola
All eyes were on the General Prosecutor’s Office at the Kinshasa / Gombe Court of Appeal, where the current ESU Minister, Thomas Luhaka Losendjola, was expected to audition for the initiated 100-day emergency program by the President of the Republic. This former Minister of Infrastructure, Public Works and Reconstruction, fortunately for him, did not experience the same trajectory as Vital Kamerhe, temporarily detained in Makala central prison, pending his trial which will take place shortly. “The working session took place today, Wednesday, April 29, 2020, at the General Prosecutor’s Office near the Gombe Court of Appeal. The Minister of Higher and University Education has responded to all concerns of justice and has returned to his office, “insisted on stepping up his communication service.
He who was invited as an “informant” in the case of management of funds allocated to 100-day work, file currently under investigation before the prosecution of the Court of Appeal of Kinshasa / Gombe, according to his services, the current ESU Minister responded to this invitation with the aim of clarifying the religion of justice and thus contributing to the manifestation of the truth. ” In his cap from the former ITPR manager, Thomas Luhaka was auditioned to give information related to the SOCOC and FONER files, we learned from reliable sources.
To do this, he had to, at all costs, give some explanations to the judges to justify the non-execution of this work in South Kivu, when the construction contract was signed between his former Ministry of ITPR and the two aforementioned companies. Is it that, according to the communiqué signed by Célestin Pata Kadjambi, Communication officer / ESU, Thomas Luhaka remains convinced that today’s exercise will, certainly, contribute to the consolidation of the rule of law in the DRC.
From the outset, it should be pointed out that Thomas Luhaka Losendjola fell into the brow of justice because during his hearing on April 8, at the General Prosecutor’s Office near the Court of Appeal of Kinshasa / Matete, the accused Vital Kamerhe , Dircab of President Félix Tshisekedi, in addition supervisor and coordinator of the 100-day program, reportedly reported to anyone who wants to hear it, that certain files of contracts between the Congolese State and certain construction companies have been signed by members of the government Honorary Prime Minister Bruno Tshibala. This, before quoting by name Thomas Luhaka Losendjola, Justin Bitakwira and Willy Ngoopos, the current Minister of ITP.
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Traffic between the cities of Goma and Bukavu
After the announcement of the opening of traffic between the cities of Goma and Bukavu, civil society says it supports the authorities of two provinces, namely North and South Kivu for having responded favorably to the request of the urban office of Bukavu by announcing the resumption of traffic, respectively by the governors of North and South Kivu.For Mr. Zozo Sakali, president of civil society in Bukavu, the authorities have once again come down on the side of the common people.
However, he urges the population to strictly respect the measures taken by the authorities at both national and provincial levels to effectively fight the spread of the coronavirus pandemic in South Kivu and North Kivu.
Zozo Sakali reminded the services working in different ports that food and pharmaceutical products are exempt during this period of the state of emergency and that therefore there is no question of finding an opportunity to bother the sellers.
As a reminder, just after the announcement by the Governor of South Kivu, on April 28, of the healing of the last patient of the covid-19 in Bukavu, the social actors had expressed the wish to see the resumption of Goma-Bukavu traffic in order to alleviate the socioeconomic situation of the housewife through the exchanges especially of foodstuffs between the 2 cities.
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Allied Political Forces of the Udps, FPAU
Defending the proper functioning of the institutions is the leitmotif of the Allied Political Forces of the Udps, FPAU. For them, it is to show intelligence and wisdom. It is also showing love for the motherland, the DRC. It is therefore in this spirit that Patriarch Kitenge Yesu gathered all the tenors of the Allied Political Forces of the UDPS on April 30, at the headquarters of Kasa-Vubu, to analyze the news of the country. Several items were on the agenda of this important meeting during which the leaders of the FPAU, from the outset, sent congratulatory messages to the President of the Republic for a number of structures put in place for the smooth running of the state. They welcomed the appointment of the princes of the Church to support the fight against covid-19. In doing so, the FPAU congratulate the religious leaders for their involvement in the fight against Covid-19 which has paralyzed all production activities around the world. They welcomed the efforts and sacrifices of the Prosecutors and encouraged them not to lower their guard in line with the establishment of the rule of law in the Democratic Republic of Congo.The FPAU unfortunately noted a dysfunction in the behavior of the institutions and especially in terms of their leaders. They protest vehemently, in fact, against the behavior of certain political leaders who, according to them, would still allow themselves today to use excessive language which unfortunately tries to create a kind of contradiction between the President of the Republic and the other political leaders in institutions.
In addition, the FPAU welcomed the decision of the President of the Republic, Head of State, to set up national structures which can support the progress of the State. They noted, among others, that of the agency for the prevention and fight against corruption and, above all, the Solidarity Fund to fight against covid-19. Here, the FPAU made no secret of their satisfaction with the rise of religious dignitaries and for having put civil society at the forefront, in particular, Catholic Christians, Protestants, Kimbanguists, Muslims and the Revival Church… in supporting the fight against covid-19.
With regard to justice in particular, the FPAU addressed the question of the development of justice at this time. They expressed their satisfaction with the efforts made by the magistrates of the prosecution in the judicial files. They encourage them to persevere in this logic which cannot be rational.
In addition, the National Coordinator of the FPAU, Laurent Batumona, stressed that the other Magistrates who are in the courts and tribunals can follow this momentum without hindrance according to the sacred principle of the independence of judges and that the Supreme Magistrate who happens to be the President of the Republic continues to watch over it.
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The Judicial Record surrounding the 100-day work of the Head of State
The Judicial Record surrounding the 100-day work of the Head of State continues to leak water under the bridge. Especially since he incriminates several personalities including the boss of the Samibo company, Mr. Jammal Samih who is being held in preventive detention for “hijacking”. Hold, while one tends towards the bursting of the truth so sought after, given that the affair is already fixed for next May 11 at the tribunal de grande instance de la Gombe, the parquet of Kinshasa Matete having closed the investigation , it is observed, in the opinion of circles familiar with the matter, a certain agitation on the side of the defense of the Boss of the Samibo Society. According to these circles, the defense of Mr. Jammal Samih would seek the involvement of the President of the Republic, for the provisional release of his client. Where the bottom hurts is when everyone knows that the case is already fixed, the known date, May 11, that the defense begins to move heaven and earth to obtain the release of an accused , and not before the judges, as legitimate, but rather before the Head of State, in a country where all swear by the separation of traditional powers.While everything is set for May 11 and a few days before the hearing, the defense of the accused Jammal is seeking provisional release for his client who, moreover, is within his right to recover his release. However, opinion was scandalized when the defendant, represented by a renowned lawyer, wrote to the Head of State in a country where everyone wanted the separation and independence of the judiciary not for a pardon, but rather for the Head of State to get involved in the provisional release of his client. What hides this approach in the head of a lawyer?
As if that were not enough, and to the great astonishment of observers, the defense argues its plea for freedom by citing names, among others, that of François Beya, the Special of the Head of State in matters of security as the one of the clients in his client’s business. However, the defendant does not say, however, to assist justice and to inform public opinion, in what and how. The Head of State’s Special in security matters would be involved by citing him in the pleading for the release of his client, is it in the call for tenders of the market or in the management of funds? Suspense and confusion.
Do we still need to remember that, in his letter of August 12, 2019, the Special of the Head of State had called on Mr. Jammal Samih to make an emergency to make available to the soldiers of the Tshatshi camp, 300 houses? Would this letter, for observers, be a fault or implication in the alleged misappropriation of funds allocated to the manufacture of prefabricated houses? In any case, by no means. Unless the defendant shows the opposite.
Furthermore, for legal specialists, no party to the trial puts their files pending on social networks, unless there are hidden agendas behind. With the case set for May 11, observers note agitation and blackmail to bring the yet judicial case to another area.
Case to follow.
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A new twist in the case concerning the establishment and assignment of Secretaries General of Public Administration carried out on April 16, 2020, by the Minister of Public Service, Yollande Ebongo. After receiving, last Monday, the letter signed by the Deputy Director of Cabinet of the Head of State, asking him to report the Decree relating to this decision since violating certain provisions of the Constitution, the Minister of Public Service wrote , this Tuesday, April 28, 2020 to the Prime Minister, Ilunga Ilunkamba, for an update. In view of the clarifications highlighted in the letter, “I think I acted legally and regularly,” said the minister.
In his correspondence referenced 0536/04/2020, the Dircaba of the Head of State, Mr. Kolongele Eberande asked the Minister for the Public Service, Yollande Ebongo, to report his decree N ° 009 / MIN.FP / YER / 2020 establishing and assigning Secretaries General of Public Administration, with a view to preserving social peace in this period of health crisis. For the Director of the Office of the Head of State, this responsibility falls to the Head of State in the name of article 81 of the Constitution which speaks of appointments while the decree relates to the establishment (assignment and permutation ), these SG having already been appointed since December 2017. For the public administration bachelors who read, with the glasses of connoisseurs, the letter of Mr. Kolongele, it is quite simply a manifest deficit of information from its signatory or inspirer. They explain, in fact, that the decree of Yollande Ebongo has nothing to do with article 81 of the Constitution because its decree relates to assignments of the secretaries general already appointed in 2018 by ordinance n ° 18/143 dated December 27, 2018. Furthermore, the press release mentioned by Eberande relating to the suspension of staff movements has lapsed, according to them, since the Head of State himself made several appointments at various levels and in different sectors such as in public companies (Gécamines and SNCC), the army, the judiciary, etc.
All eyes were on the General Prosecutor’s Office at the Kinshasa / Gombe Court of Appeal, where the current ESU Minister, Thomas Luhaka Losendjola, was expected to audition for the initiated 100-day emergency program by the President of the Republic. 
After the announcement of the opening of traffic between the cities of Goma and Bukavu, civil society says it supports the authorities of two provinces, namely North and South Kivu for having responded favorably to the request of the urban office of Bukavu by announcing the resumption of traffic, respectively by the governors of North and South Kivu.
Defending the proper functioning of the institutions is the leitmotif of the Allied Political Forces of the Udps, FPAU. For them, it is to show intelligence and wisdom. It is also showing love for the motherland, the DRC. It is therefore in this spirit that Patriarch Kitenge Yesu gathered all the tenors of the Allied Political Forces of the UDPS on April 30, at the headquarters of Kasa-Vubu, to analyze the news of the country. Several items were on the agenda of this important meeting during which the leaders of the FPAU, from the outset, sent congratulatory messages to the President of the Republic for a number of structures put in place for the smooth running of the state. They welcomed the appointment of the princes of the Church to support the fight against covid-19. In doing so, the FPAU congratulate the religious leaders for their involvement in the fight against Covid-19 which has paralyzed all production activities around the world. They welcomed the efforts and sacrifices of the Prosecutors and encouraged them not to lower their guard in line with the establishment of the rule of law in the Democratic Republic of Congo.
The Judicial Record surrounding the 100-day work of the Head of State continues to leak water under the bridge. Especially since he incriminates several personalities including the boss of the Samibo company, Mr. Jammal Samih who is being held in preventive detention for “hijacking”. Hold, while one tends towards the bursting of the truth so sought after, given that the affair is already fixed for next May 11 at the tribunal de grande instance de la Gombe, the parquet of Kinshasa Matete having closed the investigation , it is observed, in the opinion of circles familiar with the matter, a certain agitation on the side of the defense of the Boss of the Samibo Society. According to these circles, the defense of Mr. Jammal Samih would seek the involvement of the President of the Republic, for the provisional release of his client. Where the bottom hurts is when everyone knows that the case is already fixed, the known date, May 11, that the defense begins to move heaven and earth to obtain the release of an accused , and not before the judges, as legitimate, but rather before the Head of State, in a country where all swear by the separation of traditional powers.You must be logged in to reply to this topic.
