no1440/000152/80 of 3rd September 1980 because there was no trace of the said document in the file of the disputed property and his Department had only a photocopy. 55. The Complainant further alleges that only 8 days after forwarding his letter to the Minister for Landed Property, namely on the 9th June 1984, this official, who was bent on undermining the interests of Mr. Noca, decided to issue the registration certificate for Mr. NOCA's building to Mr. KAFWA, in violation, among others, of the provisions of Article 235 of the Land Law which stipulates that: "except in cases where the assignment is ordered by law or in those provided for by special laws, no assignment can be effected without prior delivery to the Curator of a certificate in replacement. In all cases of assignment, the old certificate recorded in the Registration Book must be marked with an annulment stamp and with a note indicating, in the format established by Article 226, the reasons for annulment and the date and number of the new certificate". 56. The Complainant recalls the fact that this decision of the Curator notwithstanding, close to 25 days afterwards, namely on the 5th July 1984, the Minister for Land Matters sent a letter and a phone message to the Curator in which he confirmed the repeal of the Order of 3rd September 1980, but this did not bother the Curator to the point of making him go back on his decision and annul the registration certificate which had been unjustly established for the benefit of Mr. KAFWA. 57. The Complainant underscores that the right to property guaranteed by the Charter is fully recognized by the Constitution of the DRC and conveyed by the Congolese doctrine. Indeed, Article 36 of the Constitution stipulates that "private property is sacred. The State guarantees individual or collective property rights acquired pursuant to law or custom."7 These rights may be undermined only by virtue of a law and for reasons of general interest, subject to prior and fair compensation payable to the person being deprived of his rights. Finally, according to Article 37 paragraph 2 of the Constitution "No one shall be dispossessed of his property except by virtue of a decision taken by a competent judicial authority." 58. The Complainant considers that all these constitutional provisions establish the constitutional bases and value of property in general and, in particular ownership, in the DRC. 59. The Complainant points out that the decision of the Curator is confiscatory and devoid of any legal basis considering that the Order declaring the NOCA building abandoned and the Ordinance on abandoned property had been repealed. 60. The Complainant argues that the repeal of the Order of 3rd September 1980 and the Order of 2nd July 1974 have amply buttressed Mr. NOCA's right to ownership of the aforementioned building. 61. The Complainant concludes that despite the two repeals and the constitutional guarantees of property rights, the State, through its agent the Curator of Landed Property, has wrongfully dispossessed Mr. NOCA of his property. Hence it may safely be concluded that Article 14 of the Charter has been violated. On the violation of Articles 3 and 7. 1. c 62. The Complainant alleges that despite the formal decision taken by the aforementioned Minister to remove the NOCA building from the category of abandoned assets, Mr. Kafwa, then State Prosecutor at the Bukavu High Court in South Kivu, used his position of authority and his relations with the South Kivu provincial authorities to obtain a Title Deed for the NOCA building. 63. Alerted by SONAS, the Ministers of Justice and Land Matters instructed the State Counsel for Kivu Province to seize the Court for the annulment of the Title Deed illegally issued to the former Public Prosecutor Mr. Kafwa. 64. The Complainant submits that on the basis of the observation that the State Commissioner for Land Affairs had annulled the letter allocating the disputed property in favour of citizen KAFWA through letter No. 1440/OOO7/48/84 of 5th July 1984, the Congolese State had instituted proceedings under RC 1443 against KAFWA for the annulment of the Certificate issued to the latter to the detriment of the late NOCA. Contrary to all expectations, the Bukavu Tribunal had rejected the request of the State for non justification through its Judgement of 10th June 1985 which was to be served on the State of DRC on the 17 July 1985 represented by the Governor of the Kivu Region in Bukavu. 65. The Complainant goes on to say that curiously, the same Governor of the Region who had issued an illegal order to the Curator to issue the registration certificate to Mr. KAFWA, even though the Judgement had quite rightly been served on him, refrained from seizing the competent authorities to appeal against this ruling. 66. Nonetheless, according to the Complainant, the Appeals Court was seized by special powers of the Minister of Justice to the State Attorney against this decision considered illegal. Thus, the Government of the DRC, through its Secretary of State for Justice filed an appeal under RCA 1180 against the Judgement 5