2023-08-20 16:32:48
Lubumbashi, August 15, 2023. In an update on the situation of the theft of 120 tons of copper cathodes belonging to the mining company Tenke Fungurume Mining (TFM), addressed to the Chief of General Staff of the Armed Forces of the DRC (FARDC), copied to President of the Republic, to the Deputy Prime Ministers of Defense and the Interior, the Human Rights Research Institute (IRDH) questions the silence of the command of the General Staff of the FARDC with regard to public outcry aroused by the theft of copper ores attributed to the commander of the 22nd military region, Major General Smith Gihanga Mutara and the provincial Minister of the Interior of Haut-Katanga, Eric Muta Ndala.
Indeed, following the denunciation of the IRDH of July 10, 2023, the Attorney General at the Court of Cassation had signed, the next day, July 11, a warrant to bring against the provincial minister Eric Muta, then announced to be on vacation. abroad. On the other hand, military justice does not act against the incriminated general.
On July 30, in the light of elements alleging the persistence of said networks of thieves of copper cathodes, the IRDH had arrested President Felix Tshisekedi. Reacting to this, on August 1, the implicated provincial minister granted an interview to journalist Baudouin Kamanda of RFI, in order to (i) prove that he returned freely to Kinshasa, from where he had (ii) confirmed the existence of said networks of copper thieves involving civil and military authorities, even before he entered the government. And to add: (iii) the real problem is highly secure. Despite the public outcry, the provincial governor, Jacques Kyabula has still not fixed opinion on this disturbing scandal of maintenance of insecurity in mining towns and thefts by organized gangs.
In its letter to the General Staff of the FARDC, IRDH reveals four new elements, in addition to the testimony of the three drivers of MAJ LOGISTICS LTD, claiming to have been stripped of 120 tons of copper cathodes, in the enclosure of the 22nd region military:
The copper cathodes were transhipped in three Sinotruck HOWO vehicles, smuggled to Zambia, via the dusty Lumata road, under the supervision of a certain Mathurin (Congolese); The buyer established in Zambia, a certain Jac Ma (Chinese), allegedly paid Governor Kyabula an advance of USD 129,000.00 (one hundred and twenty-nine thousand US dollars). The balance would be paid after the cargo has passed through; A witness reports that in October 2022, the same Mathurin would have bought more than 210 tons of copper cathodes transported by seven vehicles registered in RSA, secured by the company Bras Security: KJ89LX GP, BF64MS GP, JY09CF GP, BF59VF GP, FD01CN GP and JNZ 0980MP. These would be “seized” by the Superior Auditor of Ex-Katanga, sent to the 22nd Military Region, before their disappearance; Seen by IRDH, a report from the commander of the second defense zone, Major General Pacifique Masunzu, accuses the commander of the 22nd military region at the FARDC general staff of having falsely implicated him in his ” Mission report in Lualaba » 0839/22RgnMil/Comdt/23, of July 10, 2023, on the illegal exploitation of the highly strategic Kasompe uranium site.
These four new elements raise the questions below, on the silence of the supervising ministers and the general staff of the FARDC:
What is the effective role of Governor Kyabula, head of the provincial executive, in this scandalous existence of the networks of mineral thieves who would maintain insecurity in the province, denounced on World Radio by a member of his own government? Why, despite the many complaints from the victims and the public outcry caused by these thefts of copper ores and the resulting insecurity, General Smith Gihanga is in no way questioned by the command of the General Staff of the FARDC Who does Military Justice depend on? In case he had nothing to do with it, why would General Smith Gihanga draw up a false report accusing his direct boss of having elements in the illegal exploitation of the Kasompe uranium site? If there were clues of guilt against the provincial Minister of the Interior, why did the General Prosecutor’s Office at the Court of Cassation not execute his “warrant of arrest” launched against him, yet returned freely to Kinshasa?
Recommendations:
The competent authorities must urgently take action to dismantle the networks of copper thieves; Investigate the case of the theft of 120 tons of copper cathodes, in order to put an end to impunity for the acts of organized gangs; Return the victim’s vehicles (the Zambian carrier MAJ LOGISTICS LTD) registered BCF 348, BCE 8677 and BCF1013, retained without valid reasons.
Maître Hubert Tshiswaka Masoka
Director General of IRDH
Phone: +243851103409, Email: [email protected]
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