Judicial re-entry 2021-2022 of the Court of Appeal of Ituri province


Bunia, December 5th, 2021 (CPA)  .- The first president of the Ituri Court of Appeal, magistrate Claude-Francis Nsimbi Kabange opened the 2021-2021 judicial year in his court, during the solemn audience organized last Saturday in the multipurpose room of the CECA 20 Francophone Church in the presence of the provincial vice-governor, the divisional commissioner Benjamin AlongaBony, the first president of the Ituri Military Court, the members of the provincial security committee, magistrates and lawyers as well as officials of state and private services. In his speech with the theme: « Duties of the magistrate and his responsibility: the independence and impartiality of the judge », he explained that the magistrate is endowed with extensive powers to accomplish the mission entrusted to him, that of judging the acts of his fellows. This heavy task specified the magistrate, has several requirements in particular those of independence and impartiality which constitute not privileges for the magistrate but rather guarantees in order to offer to the justifiable a satisfactory administration of justice. These requirements are an obligation for the magistrate and their violation entails his responsibility which can be implemented on three different axes namely; an action taken partly in criminal or disciplinary action,”he said. « The magistrate engages his criminal or disciplinary responsibility each time he violates his professional obligations and also when he forgets his duties of independence and impartiality », he said. The meaning of the appeal in the judicial field The Attorney General at the Ituri Court of Appeal, Magistrate John-Prosper Moke Mayele in his mercurial, justified the theme of his speech: « the relative rules of appeal in Congolese private judicial law » because of the complexity of the appeal due to the fact that most appeals are sanctioned by decisions on the form.He explained in particular the meaning of the appeal panel, the appeal body as well as the judge’s decision of appeal specifying that the period in common law is thirty days while that in OHADA law is fifteen days. Taking advantage of the opportunity, the magistrate welcomed the special attention that the military administration under the leadership of Governor Lt General Johnny Luboya N’kashama continues to testify towards the Ituri judiciary unlike previous provincial government teams.