Judgement RPA 2592: Prosecutor against the accused Mukwandume
Mombolo Jérôme
In a letter submitted on the 20th April 2010 addressed to the judiciary Clerk of
the Court, and received on the 23rd April 2010, Mr. MUKWANDUME
MOMBOLO Jérôme appealed the judgement R.P. 1203 rendered by the Court
of First Instance of Uvira, secondary headquarter of Kamituga on the 15 th of
April 2010.
Under the terms of the ruling, the above mentioned Court declared the rape
offense, which the accused were charged with to not have been established
and dismissed it; it did however establish both in fact and in law the charges
of indecent assault committed with resort to violent threats or ruse on an adult
and that of indecent assault committed with the aid of violence, threats or
trickery on a child by the accused Mr. MUKWANDUME MOMBOLO Jérôme; It
said these two offenses to compliment each other and accordingly sentenced
the accused MUKWANDUME to five years imprisonment and a fine of three
hundred thousand Congolese Francs to be paid within the legal delay, with a
subsidiary prison term of three months in the case of failure to make the
payment within the legal delay; it established the offense of complicity in both
these offenses to the charged accused BITONDO and sentenced her on that
account with large extenuating circumstances to six months imprisonment; it
also found admissible and well founded the constitutions of the civil parties
NSlMIRE Justine, KAKASHÏ
BATOWA and KUNGWA BABUNGWA and solemnly ordered the accused to
pay each of the victims the equivalent of five thousand American dollars in
Congolese Francs; it solemnly ordered the accused to pay the child CHANCE
ALUNA the sum of five thousand American dollars in Congolese Francs. And
finally it ordered the accused to each pay half of the Court fees at a reduced
rate within the legal delay or face 14 days imprisonment.
Filed within the boundaries and the delays of the law, the appeal of the
accused is admissible;
At the public hearing on 03/03/2011 at which this case was appealed,
investigated, pleaded and deliberated after the submissions of the
prosecution, the accused appeared of his own accord assisted by his
councelors Advocate Placide IYANYA and Félicité KAMWANGA;
The followed procedure is thus in conformity with the law;
The facts of this case are as follows. On the 19th of August 2009 in the
morning hours, Mr. MUKWANDUME MOMBOLO, traditional leader and
guardian of the legal customs had invited the all the people to the Catholic
plot of land of KOLO where a woman said to be a witch was to be presented
to the public. He argued to get young followers to his group called “Bilkundi”
(by bringing together youths to play the role of police to expose witches) to
execute that order. It is in this context that many women found themselves